Terms and Conditions
ACCESSING, BROWSING OR OTHERWISE USING THIS WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions.
All products/services and information displayed on drshahs.co.in/shop constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below. Drshahs.co.in/shop reserves the right to accept or reject your offer. If you have supplied us with your valid email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of Drshahs.co.in/shop prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.
Use of this Website is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use this Website. You may use this Website only if your age is over 18 years. Drshahs.co.in/shop reserves the right to terminate your membership and refuse to provide you with access to this Website if PANAYU discovers that you are under the age of 18 years. In case of a business entity, you represent that you have the necessary authority to bind the entity to this User Agreement.
Access of website
Unless otherwise specified, the materials on this website are directed solely at those who access this website from India. This Website makes no representation that any products or services referred to in the materials on this website are appropriate for use, or available outside India. Those who choose to access this Site from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. drshahs.co.in/shop will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India.
Unless otherwise stated as additional terms and conditions which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of this Website, you agree to be bound by the Terms and Conditions.
Account and Registration
It is the user’s responsibility to keep the details of the account and password confidential and you agree to accept responsibility for all activities that occur under Your Account or Password. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by the user to protect the account details or the password. In case of any suspected breach please contact us immediately. If we have reason to believe that there is likely to be a breach of security or misuse of this website, we may require you to change your password or we may suspend your account without any liability to us.
You also agree to:
1. Provide true, accurate, current and complete information about yourself as prompted by this website during the registration process (such information being the “Registration Data”)
2. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if Dr Shahs has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, We will have the right to indefinitely suspend or terminate your membership and refuse to provide you with access to this Website.
While we shall endeavor to provide accurate product and pricing information, yet typographical errors might occur. We cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, we may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and we will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that we accept your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your account.
For any returned or undelivered orders, partial or whole, the user will not be eligible to avail of the offer used to purchase the original order. The benefit of the offer would also not be included in the refund provided. If the product(s) returned are part of any free offer, Ex: Buy 3 get 1 free or Buy 1 get 1 free, all the products related to the offer would have to be returned by you, as they have been purchased as part of a group offer. The refund/replacement process would only be initiated once all the products have been returned.
From time to time, we may provide a free sample or gift along with our orders which are eligible for the offer. These samples/gifts will not be eligible for return/replacement/refund under any circumstances.
Coupon Codes & Cart Offers
To offer special discounts to our users from time to time, we share coupon codes based discounts. To prevent any possible misuses we have put in place a few checks on the ways in which these coupon codes can be used.
To make the best use of the coupon code offers, please go through the following terms and conditions applicable on all coupon codes
1. Coupon Codes & Cart Offers based offer will be valid upon application of the coupon code at the time of placing order.
2. Coupon Codes & Cart Offers will be valid till the date communicated or till stocks last on the applicable products, whichever happens earlier.
- A Coupon Codes & Cart Offers cannot be clubbed with any other coupon code or with any other offer including offers running on the site without using coupons.
4. A coupon will provide the stated discount of the coupon code or the discount already stated on the product whichever is higher unless otherwise mentioned.
5. Coupon codes shared individually with a user will be applicable on purchase made by that particular user only.
6. The website reserves the right to change the terms and conditions of any coupon code any time without prior intimation.
7. Shipping / Cash on delivery rules and charges apply on the net amount payable upon application of the coupon code unless otherwise mentioned.
8. Cashback coupons are valid for next purchase as per the conditions mentioned with the Cashback offer.
9. The Cash Coupons added to an account can be changed/updated at any point of time by Dr Shahs. without any prior intimation. These changes could be made from time to time even before the valid expiry date of the existing Cash Coupons.
Transactions & Cancellations
Credit Card Details
You hereby agree, understand and confirm that the credit card details provided by you for availing of services on website will be correct, accurate and current. Under no circumstances you shall use a credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to us. The card details will not be utilized and shared by us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove it otherwise’ shall be exclusively on you.
Fraudulent /Declined Transactions
In case of fraudulent use of the site, we reserve the right to recover the cost of goods, collection charges and lawyers fees from person(s) concerned. We reserve the right to initiate legal proceedings against such person(s) for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
Cancellations by the Customer
In case we receive a cancellation notice and the order has not been shipped by us, we shall cancel the order and refund the entire amount. The orders that have already been shipped out by us will not be cancelled and you will have to check our return policy on those orders.
Cancellation by us
Under certain circumstances it might not be possible for us to accept an order and we may be compelled to cancel the same. We reserve the right to refuse or cancel any order for any reason at our sole discretion. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also ask for 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 card has been charged, the said amount will be reversed back in your Card Account. The customer agrees not to dispute the decision made by us and accept our decision regarding the cancellation.
While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:
1. lack of authorization for any transaction/s,
2. or exceeding the preset limit mutually agreed by you and between your “Bank/s”,
3. or any payment issues arising out of the transaction,
4. or decline of transaction for any other reason/s.
All payments made against the purchases/services on this website by you shall be compulsorily in Indian Rupees acceptable by the Union of India. We do not accept any other form of currency with respect to the purchases.
Before shipping your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users
No Compensation Policy:
If the quality of any products, services, information, or other material purchased or obtained by you through this Website did not meet your expectations, no compensation will be given other than the Return and refund or Exchange of the product. The customer cannot request compensation for any reason, including but not limited to: any variation in the finish or appearance of the final product; any delay in delivery caused by unforeseen circumstances; any special, incidental, indirect or consequential damage of any kind caused by a product; missed opportunities to avail certain discounts; any issue with our Delivery partners or their personnel; any voucher which got deactivated due to the end of expiry date; unavailability of items which the customer tried to purchase etc. Unreasonable and unlawful requests for compensation, over and above the entitled refund, will be treated as loss to business cases. We hold the rights to cancel orders and block accounts of such customers without any prior notice.
Guidelines for Writing Product Reviews
Dr Shahs reserves the right to not include the product review that include any one or more of the following –
- Inappropriate content – like promotional information or phone numbers.
2. Information not related to product – Shipment/Delivery Experience, availability, ordering etc
3. Inaccuracies in product information & product catalogue.
4. References – to other retailers, pricing, personal information etc.
5. Copying and pasting text from other reviews, guides, or sources.
6. Comments on other reviews posted on the product page.
7. Foreign language content.
8. Off-topic information or obscene content.
9. Irrelevant user IDs or email ids used for posting reviews.
User Conduct and Rules:
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- upload files that contain software or other material protected by 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 Website or another’s computer;
- conduct or forward surveys, contests, pyramid schemes or chain letters;
- download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- violate any applicable laws or regulations for the time being in force in or outside India; and
- violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
- exploit any of the services. We reserve the right to deprive individual customers of our Cash on Delivery payment option. Moreover, we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that customer conduct violates applicable law or is harmful to our interests.
- You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about us, its associates and partners on any property owned by us..
Copyright & Trademark
Everything located on or in this Website, including the Microsites, is our exclusive property and can be used with express permission of the copyright and/or trademark owner.
ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT OUR EXPRESS WRITTEN PERMISSION OF Dr Shahs Panchakarma Ayurveda IS STRICTLY PROHIBITED.
Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and / or criminal penalties.
This Site and Microsites contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of website protected by copyright. We own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. End User may download / print / save copyrighted material for End User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without our express permission of Dr shahs and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Web site otherwise owned or operated in conjunction with Drshahs shall not be deemed to be in the public domain but rather the exclusive property of owners, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of Dr Shahs, unless otherwise stated.
End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. We do not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, End User warrants that the owner of such material has expressly granted us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that end user’s personal use. End User hereby grants us the right to edit, copy, publish and distribute any material made available on this Site by End User. We hereby reserve the right to terminate its agreement with any End User who repeatedly infringes on copyright rights upon notification to us by the copyright owner.
The foregoing provisions of this clause apply equally to and are for the benefit of Dr Shahs, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
You agree to defend, indemnify and hold harmless Dr Shahs or Dr Shahs Panchakarma Ayurveda, Clinic or Shop, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to us or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
We may terminate this Agreement at any time. Without limiting the foregoing, we shall have the right to terminate any passwords or accounts of End User in the event of any conduct by End User which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by End User of this Agreement. Our right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.
Limitation of Liability and Disclaimers
This Site is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Site.
The Site provides content from other Internet sites or resources and while we try to ensure that material included on the website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site.
This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, we or our suppliers shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement.
Without prejudice to the generality of the section above, the total liability of Dr Shahs to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by you. Dr Shahs or Dr Shahs Panchakarma Ayurveda, PANAYU or Shop, their associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, we assume no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Dr Shahs will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Dr Shahs on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
- We may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms.
- If you or Drshahs.co.in/shop terminates your use of the Website or any Service, Drshahs.co.in/shop may delete any content or other materials relating to your use of the Service and Drshahs.co.in/shop will have no liability to you or any third party for doing so.
- You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Indore.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
Interpretation of Number and Genders:
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to the Terms as a whole.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.