Terms of Service

OVERVIEW

This Website is operated by Everything Man Store. Throughout the Website, the terms “we”, “us” and “our” refer to Everything Man Store. Everything Man Store offers this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Website www.everythingmanstore.com (hereinafter referred to as “Website”, “Store”)and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions like privacy policy, and other policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, Website visitors, merchants, and/ or contributors of content (hereinafter referred to as “User”).

These Terms governs the provision of access to Users of the Website or any services provided through the Website. Please read the terms and conditions carefully before using the Website or accessing any material, information or services through the Website. Your access or use of the Website or the services provided by the Website shall signify your acceptance of the terms and conditions. You will be deemed to have accepted this Agreement when you use the Website or the services provided by the Website. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website at any time without any prior written notice to you. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you have completed 18 years of age as on the date of this agreement, and you have given us your consent to allow any of your minor dependents to use this Website.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to suspend or refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information which is always encrypted during transfer over networks), may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if any information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this Website is at your own risk.

This Website may contain certain historical information, which necessarily, is not current and is provided for your reference only.

SECTION 4 - MODIFICATIONS TO THE PRODUCTS OR SERVICES AND PRICES

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

Prices for our products are subject to change without any prior notice.

We reserve the right to modify or discontinue the products or Services (or any part or content thereof) at any time without prior notice. Also, We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the products or Services.

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. Any offer for any product or service made on this Website is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we may attempt to notify you by contacting you at the e-mail and/or billing address/ phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

For more detail, please review our Returns Policy.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as and when needed. You agree that all information provided by you is true, accurate and genuine. You agree that in case it is found that any information provided by you is not true or accurate or genuine or complete, or we have has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, then we shall have the right to indefinitely suspend or terminate or block access of your account on the Website and refuse to provide you with access to the Website or Services.

You will be required to enter a valid phone number and e-mail address while entering your contact details. By registering the phone number and e-mail address with us, you consent to be contacted by us via phone calls, emails and/or SMS notifications or by any other mode of communication.

For making the payment, you will be directed to the portal of a third party, who has been outsourced to receive payments. Any of the payment method opted by you for making payment on the portal of the outsourced party, and thereafter inserting banking information and details on that portal while making payment, we shall not be responsible or assume any liability and we have no access or control on the information and details, inserted by you at the time of making the payment.

SECTION 6 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 7 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this Website may direct you to third-party Websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or Websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation: (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 9 - PERSONAL INFORMATION

Your submission of personal information through the Website or Store is governed by our Privacy Policy. Our Privacy Policy is accessible at www.everythingmanstore.com/pages/privacy-policy.

SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on Website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Website, should be taken to indicate that all information in the Service or on any related Website has been modified or updated.

SECTION 11 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, central or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of Website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape;  (k) to flame, hack or otherwise obtaining unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network; (l) to monitor data or traffic on any network or system without express authorization of the owner of the system or network; or (m) to interfere with any User, host or network, including mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; (n) to interfere with use and enjoyment of the Website or Service, or any user’s use and enjoyment of s Website or Service; (o) to place on the Website or Service, any misleading, defamatory, obscene, offensive or indecent material; or (p) to interfere with or circumvent the system or network security features of the Service or Website, other websites, or the Internet. We reserve the right to terminate your use of the Service or Website for violating any of the prohibited uses.

SECTION 12 - ADVERTISEMENTS

Part of the Website contains advertising information or promotion material or other material submitted to us by third parties. Your dealings with, or participation in promotions of, advertisers other than Everything Man Store found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.

Further, we shall not be responsible or liable for any consequential damages arising on account of your relying on the contents of the advertisement. Before relying on the material, users should independently verify its relevance for their purposes, and should obtain any appropriate professional advice.

SECTION 13 - DISCLAIMER OF WARRANTIES LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite period of time or cancel the Service at any time, without notice to you.

We make no representation or warranty regarding the standing, creditworthiness or otherwise of any person, firm, group or company mentioned on the Website, neither the information, nor the suitability of the information for any purpose. We further make no representation or give any warranty or condition either express or implied with regard to any information or service available on the Website.

We do not warrant that this Website, information, content, materials, or services included on or otherwise made available to you through the Website, their servers or electronic communication sent from us are free of virus’s or other harmful components.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no circumstances, shall Everything Man Store or its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or inability to gain the access to Website or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, in any way relating to or arising out of the use of the Website or Service.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Everything Man Store and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party or in any way relating to, or arising out of any conduct of the User.

SECTION 15 - TRADEMARK, COPYRIGHT AND RESTRICTION

This Website is controlled and operated by Everything Man Store and copyright in the Website and Service belongs to Everything Man Store. All material on this site, including images, illustrations, audio clips, and video clips, are the intellectual property of Everything Man Store. The User shall assume that standard copyright protection and other intellectual property rights, applies to all materials and contents displayed on the Website. Any redistribution, modification or reproduction of part or all of the contents featured in the Website or Service in any form is prohibited. You are not permitted to distribute or commercially exploit the contents of this Website. You are also prohibited from transmitting the contents or storing it in any other Website or in other form of electronic retrieval system. Nothing in these Terms of Use grants the User any right in respect of intellectual property rights of Everything Man Store.

SECTION 16 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate or suspend access to our Service (or any part thereof) at any time without prior notice and you will remain liable for all amounts due up to and including the date of termination.

SECTION 18 – WAIVER & ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this Website or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 19 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the Indian laws. The User hereby agrees that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the Kolkata, India courts. You hereby consent and submit to the exclusive jurisdiction of Kolkata, India courts.

SECTION 20 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 21 - CONTACT INFORMATION

If you have any questions about these Terms, please contact us at customerservice@everythingmanstore.com.