Terms and Conditions
Emergence Gourmet Services Pvt. Ltd. having its registered office at 198, A.G.C.R. Enclave, IP Extn. Part II, Delhi 110092, India (“EGS” / “We” / “Us”), is marketer and distributor of ETNA Tea Boutique products and services (“ETNA”), ETNA is a trademark of Lalit Khorana assigned for Non-exclusive use to EGS, ETNA provides you (“You” / “Your” / “User”) this ETNA e-Commerce services subject to the notices, terms, and conditions set forth in these terms and conditions (the “T&Cs”). In addition, when You use any ETNA e-Commerce service, You may be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into these T&Cs by this reference. EGS reserve the right to change the services provided through the website www.etna.in and the services and material (“ETNA e-Commerce portal”) and/or these terms and conditions at any time. EGS retain the right to deny access to anyone who we believe has violated any terms of these T&Cs. If you are under 18, you may use ETNA e-Commerce portal only with involvement of a parent or guardian. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THESE T&CS CAREFULLY BEFORE PROCEEDING
DISCLAIMER OF WARRANTIES AND LIABILITY
ALL THE MATERIALS AND PRODUCTS (INCLUDING BUT NOT LIMITED TO SOFTWARE) AND SERVICES, INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS ETNA E-COMMERCE PORTAL ARE PROVIDED BY EGS “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED EXCEPT OTHERWISE SPECIFIED IN WRITING. WITHOUT PREJUDICE TO THE FOREGOING PARAGRAPH, EGS DOES NOT WARRANT THAT:
-THIS ETNA E-COMMERCE PORTAL WILL BE CONSTANTLY AVAILABLE, OR AVAILABLE AT ALL; OR
-THE INFORMATION ON THE ETNA E-COMMERCE PORTAL IS COMPLETE, TRUE, ACCURATE OR NON-MISLEADING.
EGS SHALL NOT BE LIABLE TO YOU IN ANY WAY OR IN RELATION TO THE CONTENTS OF, OR USE OF, OR OTHERWISE IN CONNECTION WITH, THIS WEBSITE. EGS DOES NOT WARRANT THAT THIS ETNA E-COMMERCE PORTAL; INFORMATION, CONTENT, MATERIALS, PRODUCT (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS ETNA E-COMMERCE PORTAL; THEIR SERVERS; OR ANY ELECTRONIC COMMUNICATION SENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NOTHING ON THIS ETNA E-COMMERCE PORTAL CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND.CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
WHILE AVAILING ANY OF THE PAYMENT METHOD/S OFFERED BY ETNA E-COMMERCE PORTAL, EGS IS NOT RESPONSIBLE OR TAKES NO LIABILITY OF WHATSOEVER NATURE IN RESPECT OF ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY TO YOU OUT OF THE DECLINE DUE TO:
- LACK OF AUTHORIZATION FOR ANY TRANSACTION/S,
- OR EXCEEDING THE PRESET LIMIT MUTUALLY AGREED BY YOU AND BETWEEN YOUR “BANK/S”,
- OR ANY PAYMENT ISSUES ARISING OUT OF THE TRANSACTION
- OR DECLINE OF TRANSACTION FOR ANY OTHER REASON/S.
THIS ETNA E-COMMERCE PORTAL AND ALL TRANSACTIONS HEREIN ARE MANAGED BY EGS. EGS SHALL SOLELY BE RESPONSIBLE FOR FULFILLMENT OF ALL THE ORDERS PLACED THROUGH THE ETNA E-COMMERCE PORTAL INCLUDING BUT NOT LIMITED TO INVOICING, RECEIPT OF PAYMENT AND DELIVERY OF THE PRODUCTS TO THE CUSTOMERS. EXCEPT FOR THE LIMITED WARRANTY PROVIDE FOR THE ETNA PRODUCTS, IN NO EVENT SHALL EGS / ETNA, THEIR AFFILIATES, DIRECTORS, OFFICERS, AGENTS, CONSULTANTS OR EMPLOYEES (“REPRESENTATIVES”) BE LIABLE FOR ANY PURCHASES MADE THROUGH THE ETNA E-COMMERCE PORTAL. CUSTOMER HEREBY TO THE FULLEST EXTENT PERMISSIBLE WAIVES ANY AND ALL CLAIMS THAT IT MAY HAVE AGAINST EGS / ETNA AND ITS REPRESENTATIVES ARISING AS A RESULT OF OR IN RELATION TO THE ETNA E-COMMERCE PORTAL OR PURCHASES MADE THROUGH THE ETNA E-COMMERCE PORTAL.
EGS makes the ETNA e-Commerce portal services available to You through its website i.e. www.etna.in only if You have provided certain required User information and created an account (“Account”) through ETNA ID and password or other log-in ID and password, which can include a facebook, gmail, yahoo ID or any other valid email ID (collectively, the “Account Information”).
The ETNA e-Commerce portal requires You to register as a User by creating an Account in order to avail of the services provided by the ETNA e-Commerce portal. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. ETNA e-Commerce portal also allows restricted access to the services for unregistered Users.
You shall ensure that the Account Information provided by You in the ETNA e-Commerce portal form is complete, accurate and up-to-date. Use of another user’s Account Information is expressly prohibited.
You agree that any use on the ETNA e-Commerce portal is at Your own risk and that neither ETNA nor EGS are responsible for it. You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. Products sold on ETNA e-Commerce portal are not for people below aged 18, however any products available for children below age 18, can be bought by adults.
Trademark, Copyright and Restriction
ETNA e-Commerce portal is controlled and operated by EGS. ETNA is the trademark of Lalit Khorana assigned for non- exclusive use to Emergence Gourmet Services Pvt. Ltd. it is clarified that the Trademark in the name and style including the ETNA Logo does not have any relation with the Etna Trade Links Private Limited who are engaged in bulk manufacturing of tea located out of Colombo, and Sri Lanka . It is further clarified that Trademark in the name and style including the ETNA Logo neither has an relation whatsoever with “Etna Restaurant” operating in Germany nor does it have any relation with “Etan Tea” a product name for tea blends available on www.adagio.com. Hence, please note EGS is not related to Etna Trade Links Private Limited, or to Etna Restaurant located in Germany or tea blend available under the name Etan Tea, in any manner. All material and content on ETNA e-Commerce portal, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on ETNA e-Commerce portal is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise (including any promotion and/or marketing amongst others), is a commercial use for the purposes of this clause.
You agree to use the ETNA e-Commerce portal and the materials provided therein only for purposes that are permitted by: (a) the T&Cs; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You agree not to access (or attempt to access) the ETNA e-Commerce portal and the materials by any means other than through the interface that is provided by Us. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or content, or in any way reproduce or circumvent the navigational structure or presentation of the ETNA e-Commerce portal, materials or any content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available to You.
You acknowledge and agree that by accessing or using the ETNA e-Commerce portal, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaims all liabilities arising in relation to such offensive content on the ETNA e-Commerce portal.
If ETNA e-Commerce portal allows You to post and upload any material on the ETNA e-Commerce portal, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws.
Further, You undertake not to:
- Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
- Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the ETNA e-Commerce portal or another’s computer;
- Engage in any activity that interferes with or disrupts access to the ETNA e-Commerce portal (or the servers and networks which are connected to the ETNA e-Commerce portal);
- Attempt to gain unauthorized access to any portion or feature of the ETNA e-Commerce portal, any other systems or networks connected to the ETNA e-Commerce portal, to any of Our server, or to any of the services offered on or through the ETNA e-Commerce portal, by hacking, password mining or any other illegitimate means;
- Probe, scan or test the vulnerability of the ETNA e-Commerce portal or any network connected to the ETNA e-Commerce portal, nor breach the security or authentication measures on the ETNA e-Commerce portal or any network connected to the ETNA e-Commerce portal;
- Disrupt or interfere with the security of, or otherwise cause harm to, the ETNA e-Commerce portal, systems resources, accounts, passwords, servers or networks connected to or accessible through the ETNA e-Commerce or any affiliated or linked sites;
- Collect or store data about other users in connection with the prohibited conduct and activities set forth in these T&Cs.
- Use any device or software to interfere or attempt to interfere with the proper working of the ETNA e-Commerce portal or any transaction being conducted on the ETNA e-Commerce portal, or with any other person’s use of the ETNA e-Commerce portal;
- Use the ETNA e-Commerce portal or any material or content for any purpose that is unlawful or prohibited by these T&Cs, or to solicit the performance of any illegal activity or other activity which infringes Our rights or other rights of third parties;
- Conduct or forward surveys, contests, pyramid schemes or chain letters;
Making Payments through ETNA e-Commerce portal
The information collected for the purpose of placing purchase orders through ETNAe-Commerce portal will be stored securely using a 1024 bit Secure Socket Layer (“SSL”) technology.
You agree to provide correct and accurate credit/ debit card/net banking details to the approved payment gateway for placing purchase orders through ETNA e-Commerce portal. You shall not use the credit/ debit card/net banking which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card/net banking. You will be solely responsible for the security and confidentiality of Your credit/ debit card/net banking details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card/net banking.
We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing, Weshall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
Order once placed shall not be cancelled. Once products are delivered to you, there is no exchange or refund policy available to you except as expressly stated in Returns, Replacements, Exchanges and Refunds Policy available at https://etna.in/?page_id=22&v=56b5fbba0fe8.
In the event the product delivered to you are damaged, expired or not as per your original order, Return would be permissible to the delivery person along with a remark on the delivery receipt, the same should be communicated to the customer care executive along with the details of the product returned including Order Number and the date of delivery vide the email Id provided on the contact us link on www.etna.in
All items must be returned within 48 hours of delivery and should be accompanied by a copy of the original receipt, please note the product should be in a unopened and sealable condition.
Please note ETNA does not have any return or exchange policy on goods purchased on any sale or if the goods being returned have been opened or are unsealed.
Please allow 1 – 3 weeks for your refund/ exchange request to be processed from the date of the product being returned by You. You would be contacted by us on completion of the return process.
We reserve the right to accept or cancel orders for any reason. The customer agrees not to dispute the decision made by Us and accept Our decision regarding the cancellation. We also reserve the right to cancel your order in case of:
- Problems identified by our credit and fraud avoidance department;
- Inaccuracies or errors in product or pricing information;
- Limitations on quantities available for purchase;
- Any other reasons beyond Our reasonable control.
We may also require additional verifications or information before accepting any order. We will contact You if all or any portion of Your order is cancelled or if additional information is required to accept your order. If your order is cancelled after Your payment account has been charged, the said amount will be returned back in Your same payment account from which the payment was made.
Orders received on ETNA e-Commerce portal will be fulfilled by the national distributor engaged by EMERGENCE GOURMET SERVICES PVT.LTD. All such orders placed on ETNA e-Commerce portal shall be eligible for limited ETNA product warranty in India, as applicable.
The orders will be shipped to address entered in the shipping address field at the time of placing the order. We will not be responsible for any delay caused out of incorrect shipping address entered at the time of placing the order.
The courier entities engaged by us shall make three attempts to deliver the ordered product to You at the address provided by You. After three unsuccessful attempts, the courier company shall leave a “We Missed You” card at Your premises for non- delivery.
You can place Orders for any of the Products listed in the ETNA e-Commerce portal. Acceptance of the Order is subject to both payment and stock availability. We however reserve our right to refuse to execute any transaction/s without assigning any reason/s whatsoever.
Product Receipt and Acceptance Confirmation Process
Please ensure that You inspect the shipment as soon as you accept it from the courier. In case of any physical damage to the outer or inner packaging, either refuse to accept delivery or accept delivery only after putting a suitable remark on the proof of delivery receipt document. We retain the right to withhold refund/replacement of the damaged product if you fail to put a note about the nature of damage on the courier receipt confirmation slip.
In case of any damage to the actual product, you are required to inform the Our customer care at number +91 11 43575209 or +91 8510021222 within 24 hours of receipt of the product.
Cash-on-Delivery (“COD”) is an alternate method of purchasing from us, other than online payment (by credit/debit card and net banking). At the time of delivery, you need to pay the cash before the package is handed over.
When you choose COD as a method of payment, it is mandatory for you to provide a landline number/ Mobile Number and an alternative number. Customers will receive a confirmatory call by customer care on the phone number provided. COD order will be processed only after the customer has confirmed the order on this call by Customer Care.
We will make three attempts to establish contact with You on the Phone number provided by you at the time of placing the order. In case of failure of confirmation of order after 3 (three) attempts, the order will be cancelled and email notifying cancellation will be sent to You. Order will not be processed till successfully confirmed.
We will communicate with you about your order and the purchased product through any of the mode using email, SMS and telephone or all of them or any other mode
Please note that We will not be able to contact You on Your mobile number in case Your mobile number is part of DNC (Do Not Call) list as generated by TRAI (Telecom Regulatory Authority of India). In this case we request customers to call us on Our call center number +91 43575209 or +91 8510021222.
You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
Amendment of these Terms and Conditions
EGS is entitled, at its sole discretion or as may be required by law, to amend these T&Cs anytime without any prior intimation to anybody. You shall be responsible for reviewing and becoming familiar with any such modifications/amendments from time to time and shall be bound by such amended T&Cs from time to time. Use of the ETNA e-Commerce portal by You following such amendment constitutes Your acceptance of the T&Cs herein as modified.
Limitation of Liability
Subject to the limited warranty, in no event shall EGS and/or ETNA their subsidiaries, affiliates, associate companies, accountants, advisors, agents, consultants, contractors, partners and/ or suppliers and their respective officers, agents, directors be liable with respect to the ETNA e-Commerce portal, products and/ or any services provided therein:
- for any amount in the aggregate in excess of the price paid by You; or for any indirect, incidental, punitive, or consequential damages of any kind whatsoever including but not limited to loss of use, revenue or profit, good will and/ or other intangible losses arising out of or in any way connected with the use of this ETNA e-Commerce portal, products and/ or the services and/ or the T&Cs or with the delay or inability to use the ETNA e-Commerce portal, or for any information, materials and/ or products uploaded, posted, emailed, transmitted, whether based on contract, tort, negligence, strict liability or otherwise, even if ETNA, EGS their parent company, subsidiaries, affiliates, associate companies, accountants, advisors, agents, consultants, contractors, partners and/ or suppliers had been advised of the possibility of damages. If You are dissatisfied with any portion of the ETNA e-Commerce portal, available or with any of these T&Cs, Your sole and exclusive remedy is to discontinue using the ETNA e-Commerce portal and the ETNA e-Commerce portal.
Personal, Non-Commercial & Non assignable Use
By registering on the ETNA e-Commerce portal, You confirm that use of the ETNA e-Commerce portal shall be for Your personal purpose and not for any commercial purpose. You confirm that Your right to access, use, deal with or transact at the ETNA e-Commerce portal cannot be assigned to any other person and custody of User Id and Password to access, deal with or transact at the ETNA e-Commerce portal shall be Your sole responsibility and You shall be responsible and liable for any misuse of User Id and Password.
You shall at all times fully indemnify and hold harmless ETNA, EGS their officers, directors, agents, and employees, associate companies from any and all costs, losses, claims, demands, damages and liabilities ,actions including costs and reasonable attorneys’ fees, made by any third party and/or penalty imposed due to and/or arising out of Your breach of the T&Cs and/or Your violation of any law, rules or regulations and/or the rights of a third party and/or the infringement by You including, without limitation, copyright and trademark infringement, obscene and/or indecent postings, and on-line defamation, and/or any third party using the Your account, of any intellectual property and/or other right of any person and/or entity.
Governing Law and Jurisdiction
The transactions on this ETNA e-Commerce portal shall be governed by, construed interpreted, and enforced in accordance with the laws of India. Specific performance and damages any other disputes arising in respect hereto shall be subject to exclusive jurisdiction of the courts of New Delhi.
ETNA and EGS shall not be liable for any failure and/or delay on their part in performing any of its obligation under these T&Cs and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by the You by reason there of if such failure and/or delay shall be result of or arising out of Force Majeure Event set out herein.
Explanation: “Force Majeure Event” means any event due to any cause beyond the reasonable control of ETNA and/or EGS , including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake , explosion, acts of God, civil commotion, strikes, bunds, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions breakdown and/or hacking of the ETNA e-Commerce portal and/or contents provided for availing the products and/or services under the ETNA e-Commerce portal, such that it is impossible to perform the obligations under these T&Cs, or any other cause or circumstances beyond the control of ETNA and/or EGS hereto which prevents timely fulfilment of obligation of ETNA and/or EGS.
Use of the ETNA e-Commerce portal is governed by:
In case of inconsistency between Terms and Conditions and other policies, the terms contained in the T&Cs shall prevail.