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Terms and Conditions

Please read these terms and condition carefully before using sde1999.com website operated by sde1999.

 

Terms & Conditions

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 (“IT ACT”) AND RULES ISSUED THEREUNDER, AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE IT ACT AND IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF APPLICABLE LAWS, INCLUDING THE CONSUMER PROTECTION (E-COMMERCE) RULES 2020 AND ANY AMENDMENTS THERETO, THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS AND CONDITIONS FOR ACCESS OR USAGE OF THE WEBSITE. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
PLEASE READ THESE TERMS AND CONDITIONS (“T&C”) CAREFULLY. BY ACCESSING, BROWSING, USING WWW.SDE1999.COM OR AVAILING ANY OF THE PRODUCTS OF SEA DUCK EXIM ( HEREINAFTER REFERRED TO AS (“WEBSITE” “PLATFORM” “COMPANY” OR “US” OR “WE”) YOU INCLUDING THE PERSONS WHO BROWSES OR HAS ACCESS TO THE WEBSITE IN ANY MANNER WHATSOEVER OR THE PERSONS WHO ORDERS THE PRODUCT AGREE TO BE BOUND BY ALL OF THE T&C MENTIONED HEREUNDER.
ACCESSING, BROWSING OR OTHERWISE USING THIS WEBSITE INDICATES YOUR AGREEMENT TO THESE TERMS, SO YOU ARE ADVISED TO READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. If you do not agree to any of the terms enumerated in this T&C or the Policies, please do not use the Platform. You are responsible to ensure that your access to this Platform and material available on or through it are legal in each jurisdiction, in or through which you access or view the platform or such material.
We reserve the right to block any user and permanently disable user account if we believe in our sole discretion that action of such a user has resulted in breach of fair usage policy or T&C.
  1. REVISION OF T&C
We reserve the unilateral right to revise these T&C at any time and will inform you of a revision of the terms, via a medium selected by us, at our sole discretion. We will post the new version of these T&C or any policies on this Website and any change or modification to these T&C shall be effective immediately from the date of such upload of the revised terms on the Website. Your continued use of the Website following the modifications to the T&C and policies constitutes your acceptance of the modified terms and conditions and shall be deemed as that You have read and fully  understood the terms  and same shall be binding on you. For this reason, you are advised to frequently review these Terms, and other policies.
  1. PRIVACY PRACTISES 
We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from these T&C, the Privacy Policy shall also govern your visit and use of the Website. Your continued use of the Website implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the collection, processing, use and sharing of personal information by us in accordance with the terms of and purposes set forth in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of the Company.

PRODUCTS

  1. Terms of Offer: The Website offers for sale certain products (“Products”). The Products shall include trial products and the products offered free of cost. By placing an order for the Products through the Website, you agree to the terms and conditions set forth in this T&C. The Products described on the Website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the Products, or samples thereof, you receive from us unless agreed otherwise. We reserve the right, with or without notice, to cancel or reduce the quantity of any Products to be provided to you that we believe, in our sole discretion, may result in the violation of our T&C.
The Company may change, suspend, or discontinue the availability of any of the Products at any time, without any notice or liability. You acknowledge that the price payable in connection with the Product or any service, may be subject to change, without notice or liability.
While describing our Products on our Website, we endeavour to be as accurate as possible. To the extent implied by applicable law, we do not warrant that the Product descriptions, colours, information or other content available on the Website are accurate, complete, reliable, current, or error-free. The Website may contain typographical errors or inaccuracies and may not be complete or updated. Such errors, inaccuracies or omissions may also relate to pricing and availability of the Product or services. Please note that the Product pictures are indicative and may not exactly match the actual Product.
We reserve the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted ) without prior notice, however, an intimation will be sent to the registered email id and mobile number of the user in this regard . Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the product or services.
  1. Customer Solicitation: By accessing the Website or placing an order or sending any information, you are communicating with the Company electronically and you agree to receive communications (including transactional, promotional and/or commercial messages) from the Company periodically and as and when required. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Website or by any other mode of communication.
     
  2. Proprietary Rights: All the brand names owned and licensed to the Company are exclusive property of the Company, its affiliates, partners or licensors, and is protected by laws of India, including laws governing all applicable forms of intellectual property. The Company has the proprietary rights and trade secrets in the Products. You shall not copy, reproduce, modify, duplicate, re-publish, re-sell or re-distribute any Product manufactured and/or distributed by the Company in whole or in part or in any other form whatsoever. The Company also has rights to all trademarks and trade dress and specific layouts of this webpage, including without limitation calls to action, text placement, images, technology, content, software and other materials, which appear on the Website, including its looks and feel. No trademark is granted in connection with the Products or the materials contained on the Website. The access to the Website does not authorize anyone to use any trademarks in any manner. The trademarks displayed on the Website whether registered or unregistered and all material and content on the Website,  inter alia including images, illustrations, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, are the intellectual property of the Company.
     
  3. Tax: If you purchase any Products, you will be responsible for paying any applicable taxes in relation to such purchase.

ELIGIBILITY

You must be 18 (eighteen) years or older and capable of entering into a legally binding agreement (as per the Indian Contract Act, 1872) in order to use the Website. If you are under 18 (eighteen) years of age, you may use this Website only with the involvement of a parent or guardian. You may not authorize third parties to access any accounts that you have created on the Website. You are responsible for all activity that occurs under the accounts you have created on the Website.

WEBSITE

  1. Your Account: You may create and hold one user account (“Account”) only. You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your Account. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature. Each Account is non-transferrable and may not be sold, traded, combined, or otherwise shared with any other person.
If you are accessing, browsing and using the Website on someone else’s behalf; you represent that you have the authority to bind that person to all the T&C herein. In the event that the person refuses to be bound as the principal to the T&C, you agree to accept liability for any harm caused by any wrongful use of the Website resulting from such access or use of the Website in whatsoever nature.
If you know or have reasons to believe that the security of your Account has been breached, you should contact us immediately at the ‘Contact Information’ provided below. If we have found a breach or suspected breach of the security of your Account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to the Company.
We reserve the right to refuse service and/or terminate accounts without prior notice if the T&C are violated or if we decide, in our sole discretion, that it would be in the Company’s best interests to do so. You are solely responsible for all contents that you upload, post, email or otherwise transmit via the Website. The information provided to us shall be maintained by us in accordance with our Privacy Policy.
Any links to third-party websites are provided solely as a convenience to you. The Company does not endorse, affiliate, sponsor or recommend any such third-party websites. The Company is not responsible or liable for the content of or any damage or loss that may result from your access to or reliance on these third-party websites. You should always read the terms and conditions and privacy policy of a third-party website before using it. If you access or use such third-party websites, you do so at your own risk.
  1. Use of Website: The Company is not responsible for any damages resulting from use of the Website by anyone. You will not use the Website for any illegal purposes. You will (a) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (b) not interfere with or disrupt the use and enjoyment of the Website by other users, (c) not resell material on the Website, (d) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (e) not defame, harass, abuse, or disrupt other users of the Website, (f) not to do or attempt to do any action which is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, trolling, propaganda or otherwise unlawful in any manner whatever,
  2. License: By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your personal, non-commercial use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from the Company or the applicable third party (if third party content is at issue).
  3. Posting: By posting, storing, or transmitting any content on the Website, you hereby grant the Company a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world, subject to the Company’s privacy policy. The Company does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. The Company is not liable for any damage or harm resulting from any posts by or interactions between the users. The Company reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content the Company deems objectionable. Under no circumstances will the Company be liable in any way for any user generated content, including without limitation, for any errors or omissions in such content or for any loss or damage of any kind incurred by you as a result of the use of any such user generated content transmitted, uploaded, posted, e-mailed or otherwise made available via the Website. You hereby waive all rights to any claims against the Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such user generated content.
  4. Website Security: You are prohibited from violating or attempting to violate the security of the Website, including, without limitation,
  accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
  attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”;
  sending unsolicited email, including promotions and/or advertising of products or services; or
  forging any 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
  threatens the unity, integrity, defence, security or sovereignty of India, public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence.

CANCELLATIONS, REFUNDS AND RETURNS POLICY

As a valued customer, you have the flexibility to cancel your order under specific conditions. You may choose to cancel your order before it is dispatched or within three hours of placing it, depending on whichever comes first. It’s important to note that partial cancellations or canceling individual items from an order after it has been placed are not allowed.
To initiate a cancellation, simply contact us at 7262007070 and submit your request. Please remember that we can only process order cancellations within three hours of placing the order. Once this time frame has passed, we won’t be able to accept cancellation requests due to our operational constraints. If you have prepaid for your order and decide to cancel within three hours of placing it on the Website, we’ll initiate a full refund. The refund process typically takes around 24-48 business hours, and it will begin only after our team has duly processed your cancellation request.
For your convenience and hygiene reasons, we cannot accommodate order cancellations after delivery.
 
Damages due to neglect, improper usage or wrong application of Products will not be covered under our Cancellations, Refunds and Returns Policy. Please note that orders for Gift kits are not applicable for exchange or refund. Exchange of Products due to allergic reactions is not applicable. 

SHIPPING AND DELIVERY POLICY

As a customer, You will enjoy speedy deliveries from our multiple warehouses across the country, with a typical delivery period of 5 to 7 working days. In case of damaged products, report within 48 hours for a full refund or replacement. For wrong or incomplete orders, let us know within 48 hours, and we’ll promptly resolve the issue. An unboxing video is recommended for such cases. Your satisfaction is our priority!
  MODE OF PAYMENT
Payments for the products available on the Website may be made in the following ways:
Payments can be made by Credit Cards, Debit Cards, Net Banking, COD & Wallets.
Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.
 
  DISCLAIMER OF WARRANTIES 
Your use of the Website and/or Products are at your sole risk. The Website and the Products are offered on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Products or Website content, or any reliance upon or use of the Website content or Products.
Without limiting the generality of the foregoing, the Company makes no warranty:
  • that the information provided on this Website is accurate, reliable, complete, or timely;
  • that the links to third-party websites are to information that is accurate, reliable, complete, or timely;
  • no advice or information, whether oral or written, obtained by you from this Website will create any warranty not expressly stated herein;
  • regarding any Products purchased or obtained through the Web
  • as to the results that may be obtained from the use of the Products or that defects in the Products will be corrected;
The inclusion of any Products or offers on the Website at a particular time does not imply or warrant that the Products or offers will be available at any time.
The Company shall have the right, at any time, to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Website may discontinue disseminating any portion of information or category of information. The Company does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Website.
Health Disclaimer: The products on the Website are not intended to diagnose, treat, cure or prevent any disease. If you are pregnant, nursing, taking medication, or have a history of heart conditions, we suggest that you should consult with a physician before using any of our products. The results on all products available on the Website are not typical and not everyone will experience these results. The results and efficacy  of the Products vary from person to person, we will not be responsible for the possibility of undesired results or any harm after wrong usage of the product /mixed with other products. Kindly do a patch test on the hand before the Products.  Kindly discontinue use if skin or irritation occurs.

 

  LIMITATION OF LIABILITY
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED.
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE WEBSITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE WEBSITE, TERMINATION OF YOUR USE OF THE WEBSITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
  TERMINATION
These T&C are effective unless and until terminated by either you or the Company. 
  1. You agree that the Company, in its sole discretion, for any or no reason, and without penalty or notice, may suspend or terminate your account (or any part thereof) or your use of the Website at any time.
  2. You agree that any termination of your access to the Website or any account you may have or portion thereof may be without prior notice in case of non-compliance with rules and regulations, Privacy Policy or T&C, and you agree that the Company  will not be liable to you or any third party for any such termination.
  3. Upon termination for any reason of the T&C by either you or the Company, you must promptly destroy all materials downloaded or otherwise obtained from the Website, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of these Terms shall not cancel your obligation to pay for the Products  already ordered from the Website or affect any liability that may have arisen under these T&Cs.

     

  INDEMNITY
You agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, or licensors 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 the Company or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under the T&C, 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 the T&C.
  GOVERNING LAW AND JURISDICTION
The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts at Mumbai shall have exclusive jurisdiction.
Any dispute or difference either in interpretation or otherwise, of the Terms of Use and other Policies on the Website, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be held in Mumbai.
The Company shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
For disputes relating to orders outside India, International arbitration rules of Indian Arbitration and Conciliation Act 1996 shall apply. The seat and venue of international arbitration shall be in Mumbai.
  FORCE MAJEURE
The Company will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott, any acts of nature labour disputes, floods, lightning, severe weather, shortages of materials, rationing, pandemic or epidemic, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Website, utility or communication failures, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause beyond our reasonable control. Further if Force Majeure event takes place that affects the performance of our obligations under these T&C our obligations under these T&C shall be suspended for the duration of Force Majeure event. 
  GENERAL 
Nothing contained in these T&C shall be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
If you have any questions regarding these Terms and Conditions, please email us at seaduck.exim@gmail.com

 

  CESSATION OF OPERATION: 
The Company may at any time, in its sole discretion and without advance notice to You, cease operation of the Website and distribution of the Products.
  ENTIRE AGREEMENT: 
This T&C comprises the entire agreement between you and the Company and supersedes any prior agreements pertaining to the subject matter contained herein.
If any part of these T&C is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the T&C shall continue to be in effect. Unless otherwise specified herein.
The Company’s failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.

CONTACT INFORMATION

Customer Service Desk

SEA DUCK EXIM
B-409 Titanium City Centre, Satellite,Ahmedabad-Gujarat,India-380015
Customer Care No.: +91-9879915077
Email: seaduck.exim@gmail.com
Time: Mon to Fri (9AM to 6:30PM)

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