Terms Of Service

OVERVIEW   

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

By visiting our site 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 and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.  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. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

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. 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 are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 
You must not transmit any worms or viruses or any code of a destructive nature. 
A breach or violation of any of the Terms will result in an immediate termination of our Services. 

SECTION 2 - GENERAL CONDITIONS  

We reserve the right to refuse service to anyone for any reason at any time. 
You understand that your content (not including credit card information), 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. Credit card information is always encrypted during transfer over networks. 
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 information made available on this site is not accurate, complete or current. The material on this site 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 more timely sources of information. Any reliance on the material on this site is at your own risk. 
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

SECTION 4 CONCLUSION OF CONTRACT 

The following applies to all types of products. All information on our website is an invitation to purchase only. You agree that your order is an offer to purchase the products listed in your order. 

All orders submitted by you are subject to acceptance by us. We are entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties. If we do not confirm acceptance of your order within 6 working days, it is deemed to have been refused. 

We may choose not to accept your order at our own discretion. Examples of when we may not accept your order are as follows: 

1. If Product(s) are shown on the website but are not or no longer available; 
2. If we are unable to obtain authorisation of your payment; 
3. If shipping restrictions apply to a product; 
4. If product(s) shown on our website contain a (manifest) error such as being incorrectly priced or otherwise incorrectly described or shown; 
5. If we are unable to process your order due to technical reasons; 
6. If we know or reasonably suspect an order was fraudulent or made with the assistance or involvement of any software, robot, crawler, spider or other automated means or device. 

In the event that we do not accept (part of) your order, we shall be entitled to cancel (part of) your order without incurring any liability towards you or a third party. Following the cancellation we will of course provide you with a refund for the amount paid to us under the cancelled (part of the) order. 

Please note that we conduct a risk and fraud assessment in accordance with our Privacy Policy.  We reserve the right to cancel your order after the creation of the contract of sale, thereby terminating the contract of sale, for the reasons stipulated in this section. Following the cancellation we will of course provide you with a refund for the amount paid to us under the cancelled (part of the) order. 

After your order has been placed, we will send you an order acknowledgement email with your order number and details of the products you have offered to purchase. Acceptance of your order and the formation of a contract of sale of the products between you and us will not take place unless and until either: 

1. you receive a confirmation from us that the products have been shipped to you from our warehouse; or 
2. you receive a confirmation from the carrier that the products are ready for you to pick up if this option is available on the website and you have chosen to pick up the product(s) at a carrier office  

SECTION 5 – PRICES AND MODIFICATIONS TO THE SERVICE AND PRICES  

Unless otherwise stated in the product description, the prices quoted are total prices that include value added tax.  Any additional delivery and shipping costs are specified separately in the respective product description.  The payment option(s) will be communicated to the customer in our online shop. 

Prices for our products are subject to change without notice.  We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.  We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. 

SECTION 6 – DELIVERY  

We will deliver to the address indicated by you. We can only deliver to a home or office address or a carrier pickup location. We will confirm this to you by an email when informing you that the products are ready for you to pick up. If a delivery attempt is unsuccessful, you agree that the carrier we have engaged for the delivery may also deliver the products to a neighbouring/nearby address or pick-up point, after which we are deemed to have met our obligation to deliver the products.  

Shipment of orders will take place on business days, not being a public holiday. Delivery periods are indicative and are therefore not regarded as strict deadlines. The mere fact that a delivery period is exceeded does not entitle you to compensation.  

We are entitled, insofar as reasonably possible, to make split deliveries so that you receive your products as soon as possible. There are no additional costs associated with such split deliveries. However, in the event that you request that we deliver in parts, we may charge you for extra delivery costs. Each split order shall constitute a separate contract of sale. If we are late delivering a part or one split order is faulty, that will not entitle you to cancel any other part of split order. 

In the unlikely event that after entering into the contract of sale, we cannot, could not or can no longer deliver (part of) your order and are not responsible for this situation, we will be entitled to terminate the contract of sale. We will, of course, inform you as soon as reasonably practicable and reimburse any payments made. 

SECTION 7 - RIGHT OF WITHDRAWAL  

Consumers are generally entitled to a right of withdrawal.  Further information on the right of cancellation can be found in the seller's Refund Policy. 

The right to cancel the contract does not apply to contracts regarding the delivery of goods which were not prefabricated and if personal choices or instructions of the customer were decisive for the production of such goods or if the goods were clearly tailored to the personal needs of the customer. 

SECTION 8 - RETENTION  

We retain the ownership of each product delivered until payment in the amount due for the respective product is made fully and received by us. The risks relating to the products shall be transferred to the customer at the time the products are handed over or of default of acceptance. 

In case of non-payment, we reserve the right to claim the ownership of the respective product. 

SECTION 9 - PRODUCTS OR SERVICES (if applicable) 

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 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. 
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. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site 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 10 - 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 that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

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 needed. 

For more detail, please review our Refund Policy. 

SECTION 11 DISCOUNTS AND DISCOUNT CODES 

On a regular basis, we are running special promotions and temporary discount offers which are activated by making use of discount codes and/or by participating in a specified activity or event.  These discount codes grant a discount amount or a discount percentage.   

 SECTION 12 - 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 site 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 13 - THIRD-PARTY LINKS  

Certain content, products and services available via our Service may include materials from third-parties. 
Third-party links on this site 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 14 - 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 (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) 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 15 - PERSONAL INFORMATION  

Your submission of personal information through the store is governed by our Privacy Policy.  

SECTION 16 - ERRORS, INACCURACIES AND OMISSIONS  

Occasionally there may be information on our site 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 any related 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 any related 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 17 - PROHIBITED USES  

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site 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, federal, provincial 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 any related 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; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

SECTION 18 - 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 periods of time or cancel the service at any time, without notice to you.  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 case shall we, our 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 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. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

SECTION 19 LIABILITY 

We shall be liable without limitation for intent and gross negligence. With regard to slight negligence, our liability shall be limited and restricted to the foreseeable damage that might typically occur under the contract if an obligation is violated, the fulfilment of which is essential for the proper performance of the contract and on the compliance with which the customer may regularly rely (cardinal duty). 

The foregoing liability limitations or exclusions shall not apply to claims resulting from fraudulent concealment of a defect, acceptance of a guarantee and claims pursuant to the Product Liability Act and to damage arising from injuries to life, body or health. 

Insofar as our liability is excluded or limited, such exclusion or limitation shall also apply to the personal liability of its employees, representatives and vicarious agents. 

We shall not be held liable in case of non-performance of the contract due to an unforeseeable event beyond our control, disturbance or full or partial strike, in particular of the transport and/or communication services, fire, flood. 

SECTION 20 - INTELLECTUAL PROPERTY 

Any texts, comments, work, illustrations or pictures on the website are under copyright and intellectual property protection, for the entire world.  The customer must not modify the paper or digital copies of any materials the customer has printed off or downloaded in any way, and the customer must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. The customer must not use any part of the content on the website for commercial purposes without obtaining a licence to do so from us. If the customer prints off, copies or downloads any part of the website in breach of these terms of use, the customer's right to use the website will cease immediately and the customer must return or destroy any copies of the materials he has made. 

 SECTION 21 – INDEMNIFICATION  

You agree to indemnify, defend and hold harmless Cavitak, 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. 

SECTION 22 – 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 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 23 - 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 site 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 24 - 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 laws of Gujarat, India. 

The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. 

SECTION 25 - 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 28 - CONTACT INFORMATION  

Questions about the Terms of Service should be sent to us at services@cavitak.com.