Terms And Conditions
Welcome to the Soulflower.biz (“Website” or “Soulflower.biz”) service provided by Soulflower. This website is owned and operated by Soulflower. ('Soulflower', 'we' or 'us' or 'SF'). In using the Soulflower.biz service, of Soulflower you are deemed to have accepted the Terms and Conditions of the agreement listed below or as may be revised from time to time, which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this website. If you want to ask us anything about these terms & conditions or have any comments or complaints on or about our website, please email us at firstname.lastname@example.org
We reserve the right to change these terms & conditions from time to time
without any obligation to inform you and it is your responsibility to look
through them as often as possible.
Ownership of rights
All rights, including copyright, in this website are owned by or licensed to Soulflower. Any use of this website or its contents,
including copying or storing it or them in whole or part, other than for your
own personal, non-commercial use is prohibited without the permission of Soulflower.
You may not modify, distribute or re-post something on this website for any
Accuracy of content and invitation to offer
Soulflower has taken every care in the preparation of the content of this
website, in particular to ensure that prices quoted are correct at time of
publishing and all products have been fairly described. All prices are
displayed inclusive of VAT. Packaging may vary from that shown. The weights,
dimensions and capacities given are approximate only. We have made every effort
to display as accurately as possible the colours of our products that appear on
the website. However, as the actual colours you see will depend on your
monitor, we cannot guarantee that your monitor's display of any colour will
accurately reflect the colour of the product on delivery. To the extent
permitted by applicable law, Soulflower disclaims all warranties, express or
implied, as to the accuracy of the information contained in any of the
materials on this website. Soulflower shall not be liable to any person for any
loss or damage which may arise from the use of any of the information contained
in any of the materials on this website.
All products/services and
information displayed on Soulflower.biz (“Website” or “Soulflower.biz”)
constitute an invitation to offer. Your order for purchase constitutes your
offer which shall be subject to the terms and conditions as listed herein. Soulflower.biz reserves the right to accept or reject your offer in part or in full. Our
acceptance of your order will take place upon dispatch of the product(s)
ordered. Dispatch of all the product(s) ordered, may or may not happen at the
same time, in such a scenario that portion of the order which has been
dispatched will be deemed to have been accepted by Soulflower.biz and the
balance would continue to be on offer to Soulflower.biz and Soulflower.biz reserves the right to accept or reject such balance order. No act or omission
of Soulflower.biz prior to the actual dispatch of the product (s) ordered will
constitute acceptance of your offer. If you have supplied us with your email
address, we will notify you by email as soon as possible to confirm receipt of
your order and email you again to confirm dispatch and therefore acceptance of
Eligibility to Use
Use of the 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 the Website. If your age is below 18
years you are prohibited to use / purchase / contract from / with this website. Such
persons are also prohibited from purchasing any material which is for adult
consumption the sale or purchase of which to/by minors are strictly prohibited.
Soulflower.biz reserves the right to terminate your membership and refuse to
provide you with access to the website if Soulflower.biz discovers that you are
under the age of 18 years. The website is not available to persons whose
membership has been suspended or terminated by Soulflower.biz for any reason
whatsoever. If you are registering as a business entity, you represent that you
have the authority to bind the entity to this User Agreement. Unless otherwise
specified, the materials on this website are directed solely at those who
access this web from India.
Soulflower.biz makes no representation that any products or services referred
to in the materials on this web are appropriate for use, or available outside India. Those
who choose to access this website from outside India are responsible for
compliance with local laws if and to the extent local laws are applicable. Soulflower.biz will deliver the products only within in India
and will not be liable for any claims relating to any products ordered from
Some Indian states prohibit direct sale of merchandise from other states and
require special documentation to effect such a sale without dual taxation, if Soulflower.biz receives a order from such states or to be delivered to such states (to see a
list please refer our shipping policy) under such circumstances Soulflower.biz retains the right to accept or reject the order.
Those who choose to access this website from Indian states which restrict such
use are responsible for compliance with local laws if and to the extent local
state laws are applicable. Soulflower.biz will deliver the products only within
states having open import policy and will not be liable for any claims relating
to any products ordered from restricted states.
Except where additional terms and conditions are provided 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 Soulflower.biz
you agree to be bound by the Terms and Conditions.
Account and Registration Obligations
Your Information is defined as any information you provide to us in the
registration, buying or listing process, in the feedback area or through any
e-mail feature or a written letter or form mailed or submitted to any of
If you use the Website, you are responsible for maintaining the confidentiality
of your password and account and any activities that occur under your account.
Soulflower shall not be liable to any person for any loss or damage which may
arise as a result of any failure by you to protect your password or account. If
you know or suspect that someone else knows your password or suspect any
unauthorised use of your password you should notify us by contacting us
immediately through the address provided in the beginning of this agreement. If
Soulflower.biz has reason to believe that there is likely to be a breach of
security or misuse of the Soulflower.biz Website, we may require you to change
your password or we may suspend your account without any liability to Soulflower.biz.
Soulflower.biz does not want to receive confidential, proprietary or trade
secret information through this Website (excluding information related to any
order you submit). Please note that any information, materials, suggestions,
ideas or comments sent to Soulflower.biz will be deemed non-confidential. By
submitting any such information, you are granting Soulflower.biz an irrevocable
and unrestricted license to use, modify, reproduce, transmit, display and
distribute such materials, information, suggestions, ideas or comments for any
purpose whatsoever. However, we will not use your name in connection with any
such materials, information, suggestions, and ideas or comments unless we first
obtain your permission or otherwise are required by law to do so.
You also agree and confirm:
- To provide true, accurate,
current and complete information about yourself as prompted by Soulflower
registration form or guest details form (such information being the
- To 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 Soulflower.biz has reasonable grounds to
suspect that such information is untrue, inaccurate, and not current or
not in accordance with the User Agreement, Soulflower.biz has the right to
indefinitely suspend or terminate your membership and refuse to provide
you with access to the Website.
- That in the event that a
non-delivery occurs on account of a mistake by you (i.e. wrong name or
address or any other wrong information) any extra cost incurred by Soulflower.biz
for redelivery shall be claimed from you and you shall pay such cost.
- That you will use the
services provided by Soulflower.biz, its affiliates, consultants and
contracted companies, for lawful purposes only and comply with all
applicable laws and regulations while using the Website and transacting on
- You will provide authentic
and true information in all instances where such information is requested
of you. Soulflower.biz reserves the right to confirm and validate the
information and other details provided by you at any point of time. If
upon confirmation your details are found not to be true (wholly or
partly), Soulflower.biz has the right in its sole discretion to reject the
registration and debar you from using the Services of Soulflower.biz and
or other affiliated websites without prior intimation whatsoever.
- That you are accessing the
services available on this Website and transacting at your sole risk and
are using your best and prudent judgment before entering into any
transaction through this Website
- That the address at which
delivery of the product ordered by you is to be made will be correct and
proper in all respects.
- That before placing an order
you will check the product description carefully. By placing an order for
a product you agree to be bound by the conditions of sale and invitation
of offer included in the item's description.
You shall not use the Website for any of the following purposes:
- Disseminating any unlawful,
harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or
otherwise objectionable material.
- Transmitting material that
encourages conduct that constitutes a criminal offence, results in civil
liability or otherwise breaches any relevant laws, regulations or code of
- Gaining unauthorised access
to other computer systems.
- Interfering with any other
person's use or enjoyment of the Website.
- Breaching any applicable
- Interfering or disrupting
networks or websites connected to the Website.
- Making, transmitting or
storing electronic copies of materials protected by copyright without the
permission of the owner.
Membership Program and its members
Members of Loyalty Program of Soulflower
can accrue reward points for purchases made at Soulflower.biz within the Terms
of Use defined by Program. Soulflower.biz has a detailed
account linking process to enable customers to redeem their reward points
online. Customers have to fill and submit a separate form to activate this
facility and acknowledge that they are solely responsible for risks associated
with activating online reward point redemptions and will not hold Soulflower or
any of its subsidiaries responsible for any loss arising due to such
transactions. For online point redemptions, Soulflower.biz reserves the right
to obtain collateral authorization on members credit / debit card for the full
value of the order, even if the member is redeeming sufficient points to meet
the order value. Such authorization will be subsequently reversed upon
successful capture of the reward points from the members Account.
By choosing to link your Membership with
your Soulflower.biz account and redeem your reward points online you agree that
your credit/debit card will be authorized for the full value of your order,
even if you have chosen to pay partly or fully by Reward Points redemption. If at the time of
shipping your order, the reward point balance which you have chosen to redeem
is available, then only the excess amount, if any, shall be charged to your credit/debit
However, if the reward point balance is insufficient at the time of shipping
your order, your credit / debit card shall be charged for the shortfall in
reward point balance.
Soulflower.biz reserves the right, at our sole discretion, to limit the quantity
of items purchased per person, per household or per order. These restrictions
may be applicable to orders placed by the same account, the same credit / debit
card, and also to orders that use the same billing and/or shipping address. We
will provide notification to the customer should such limits be applied. Soulflower.biz also reserves the right, at our sole discretion, to prohibit sales to any one
as it may deem fit.
While Soulflower.biz strives to provide accurate product and pricing
information, pricing or typographical errors may occur. Soulflower.biz 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, Soulflower.biz 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, Soulflower.biz 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 Soulflower.biz 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 Soulflower.biz accepts your order
the same shall be debited to your credit / debit card account and duly notified
to you by email that the payment has been processed. The payment may be
processed prior to Soulflower.biz 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 credit / debit card account.
We strive to provide you with best value. However, sometimes a price online may
not match the price in a store in your particular geographic region and store
pricing may sometimes differ from online prices. Prices and availability are
subject to change without notice.
Cancellation by Soulflower.biz
Please note that there may be certain orders that we are unable to accept and
must cancel. We reserve the right, at our sole discretion, to refuse or cancel
any order for any reason. Some situations that may result in your order being
canceled 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 require additional
verifications or information before accepting any order. We will inform you if
all or any portion of your order is canceled or if additional information is required
to accept your order. If your order is canceled after your credit / debit card
has been charged, the said amount will be reversed back in your Card Account within 15 days or next billing cycle of your credit card.
We will seek authorization on your Card for the aggregate amount of the order
placed by you, however, we may charge your card (capture) only with the amount
corresponding to the actual portion of the order that we are able/willing to
fulfill, and any associated shipping charges/taxes and levies etc. Any surplus
amount, for which we might have originally sought and received an authorization
on your card from your Card Issuer, if not captured by us in the time period
stipulated by our Merchant Banker, will not be captured / charged. If however
the same is charged to your card / bank account in error, we will refund it as
soon as the same is realized by us or brought to our notice, whichever is
sooner. Soulflower.biz reserves the right to capture / charge your card to the
full or partial authorized amount for the concerned order.
You agree, understand and confirm that the credit / debit card details or other
financial details provided by you for availing of services on Soulflower.biz
will be correct and accurate and you shall not use the credit /debit card or
financial facility which is not lawfully owned / obtained by you. You also
understand that any financial information submitted by you is directly received
by our acquiring bank and not stored by Soulflower.biz. Soulflower.biz will not
be liable for any credit / debit card fraud. The liability for use of a card
fraudulently will be on you and the onus to 'prove otherwise' shall be
exclusively on you. All information collected by us shall be governed as per
Soulflower.biz and its associated acquiring bank or financial institutions
reserve the right to recover the cost of goods, collection charges and lawyers
fees from persons using the Website fraudulently. Soulflower.biz and its
associated acquiring banks or financial institutions reserve the right to
initiate legal proceedings against such persons for fraudulent use of the
Website and any other unlawful acts or acts or omissions in breach of these
terms and conditions.
When you visit the Website or send emails to us, you are communicating with us
electronically. You consent to receive communications from us electronically.
We will communicate with you by email or by posting notices on the Website. You
agree that all agreements, notices, disclosures and other communications that
we provide to you electronically satisfy any legal requirement that such
communications be in writing.
We have made every effort to display the colors of our products that appear on
the Website as accurately as possible. However, as the actual colors you see
will depend on your monitor, we cannot guarantee that your monitor's display of
any color will be accurate.As our Products are Handmade and Natural color varies.
All the sizes of products written on the website is approximate, it is just for customer reference.
All reviews, comments, feedback, postcards, suggestions, ideas, and other
submissions disclosed, submitted or offered to Soulflower.biz on or by this
Website or otherwise disclosed, submitted or offered in connection with your
use of this Website (collectively, the “Comments”) shall be and remain Soulflower.biz
property. Such disclosure, submission or offer of any Comments shall constitute
an assignment to Soulflower.biz of all worldwide rights, titles and interests
in all copyrights and other intellectual properties in the Comments. Thus, Soulflower.biz owns exclusively all such rights, titles and interests and shall not be limited
in any way in its use, commercial or otherwise, of any Comments. Soulflower.biz will be entitled to use, reproduce, disclose, modify, adapt, create derivative
works from, publish, display and distribute any Comments you submit for any
purpose whatsoever, without restriction and without compensating you in any
way. Soulflower.biz is and shall be under no obligation
(1) to maintain any
Comments in confidence;
(2) to pay you any compensation for any Comments; or
(3) to respond to any Comments.
You agree that any Comments submitted by you to
the Website will not violate this policy or any right of any third party,
including copyright, trademark, privacy or other personal or proprietary
right(s), and will not cause injury to any person or entity. You further agree
that no Comments submitted by you to the Website will be or contain libelous or
otherwise unlawful, threatening, abusive or obscene material, or contain
software viruses, political campaigning, commercial solicitation, chain
letters, mass mailings or any form of 'spam'.
Soulflower.biz does not regularly review posted Comments, but does reserve the
right (but not the obligation) to monitor and edit or remove any Comments submitted
to the website. You grant Soulflower.biz the right to use the name that you
submit in connection with any Comments. You agree not to use a false email
address, impersonate any person or entity, or otherwise mislead as to the
origin of any Comments you submit. You are and shall remain solely responsible
for the content of any Comments you make and you agree to indemnify Soulflower.biz and its affiliates for all claims resulting from any Comments you submit. Soulflower.biz and its affiliates take no responsibility and assume no liability for any
Comments submitted by you or any third party.
Copyright & Trademark
Soulflower.biz and its suppliers and licensors expressly reserve all
intellectual property rights in all text, programs, products, processes, technology,
content and other materials, which appear on this Website. Access to this
Website does not confer and shall not be considered as conferring upon anyone
any license under any of Soulflower.biz or any third party's intellectual
property rights. All rights, including copyright, in this website are owned by
or licensed to Soulflower.biz. Any use of this website or its contents,
including copying or storing it or them in whole or part, other than for your
own personal, non-commercial use is prohibited without the permission of Soulflower.biz.
You may not modify, distribute or re-post anything on this website for any
The Soulflower.biz names and logos and all related product and service names,
design marks and slogans are the trademarks or service marks of Soulflower. All other marks are the property of their respective companies. No trademark or
service mark license is granted in connection with the materials contained on
this Website. Access to this Website does not authorize anyone to use any name,
logo or mark in any manner.
References on this Website to any names, marks, products or services of third
parties or hypertext links to third party websites or information are provided
solely as a convenience to you and do not in any way constitute or imply Soulflower.biz endorsement, sponsorship or recommendation of the third party, information,
product or service.
Soulflower.biz is not responsible for the content of any third party websites
and does not make any representations regarding the content or accuracy of
material on such websites. If you decide to link to any such third party
websites, you do so entirely at your own risk.
All materials, including images, text, illustrations, designs, icons,
photographs, programs, music clips or downloads, video clips and written and
other materials that are part of this Website (collectively, the 'Contents')
are intended solely for personal, non-commercial use. You may download or copy
the Contents and other downloadable materials displayed on the Website for your
personal use only. No right, title or interest in any downloaded materials or
software is transferred to you as a result of any such downloading or copying.
You may not reproduce (except as noted above), publish, transmit, distribute,
display, modify, create derivative works from, sell or participate in any sale
of or exploit in any way, in whole or in part, any of the Contents, the Website
or any related software. All software used on this Website is the property of Soulflower.biz or its suppliers and protected by Indian and international copyright laws. The
Contents and software on this Website may be used only as a shopping resource.
Any other use, including the reproduction, modification, distribution,
transmission, republication, display, or performance, of the Contents on this
Website is strictly prohibited. Unless otherwise noted, all Contents are
copyrights, trademarks, trade dress and/or other intellectual property owned,
controlled or licensed by Soulflower.biz ,one of its affiliates or by third
parties who have licensed their materials to Soulflower.biz and are protected
by Indian and international copyright laws. The compilation (meaning the
collection, arrangement, and assembly) of all Contents on this Website is the
exclusive property of Soulflower.biz and is also protected by Indian and
international copyright laws.
You understand that by using this Website or any services provided on the
Website, you may encounter Content that may be deemed by some to be offensive,
indecent, or objectionable, which Content may or may not be identified as such.
You agree to use the Website and any service at your sole risk and that to the
fullest extent permitted under applicable law, Soulflower.biz and its
affiliates shall have no liability to you for Content that may be deemed
offensive, indecent, or objectionable to you.
You agree to defend, indemnify and hold harmless Soulflower.biz, 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 Soulflower.biz 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 this User Agreement or arising out of 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.
This User Agreement is effective unless and until terminated by either you or Soulflower.biz.
You may terminate this User Agreement at any time by informing us in writing
through Indian postal system by registered post, that you no longer wish to be
associated with this website, provided that you discontinue any further use of
Soulflower.biz may terminate this User Agreement at any time and may do so
immediately without notice, and accordingly deny you access to the Website.
Such termination will be without any liability to Soulflower.biz. Upon any
termination of the User Agreement by either you or Soulflower.biz, you must
promptly destroy all materials downloaded or otherwise obtained from this
Website, as well as all copies of such materials, whether made under the User
Agreement or otherwise. Soulflower.biz’s 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 Website or affect any liability that may have arisen under the
Limitation of Liability
The Website is provided without any warranties or guarantees and in an “As Is”
condition. You must bear the risks associated with the use of the Website.
The Website provides content from other Internet websites or resources and
while Soulflower.biz tries 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. Soulflower.biz 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 Website.
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, Soulflower.biz or its
suppliers shall not be liable for any indirect, incidental, special,
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 Website, its services or this User Agreement.
Without prejudice to the generality of the section above, the total liability
of Soulflower.biz to you for all liabilities arising out of this User Agreement
be it in tort or contract is limited to the amount charged to you, against the
value of the products ordered by you.
Soulflower.biz, its associates and technology partners make no representations
or warranties about the accuracy, reliability, completeness, currentness and/or
timeliness of any content, information, software, text, graphics, links or
communications provided on or through the use of the Website or that the
operation of the Website will be error free and/or uninterrupted. Consequently,
Soulflower.biz assumes 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
Website; and/or any interruption or errors in the operation of the Website.
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 TCP/IP packet
header or any part of the header information in any email or newsgroup
Violations of system or network
security may result in civil or criminal liability. Soulflower.biz 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
Website or any activity being conducted on this Website. 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 Website other than the search
engine and search agents available from Soulflower.biz on this Website and
other than generally available third party web browsers (e.g., Netscape Navigator,
Microsoft Internet Explorer).
If any part of this agreement 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 agreement shall continue in effect. Unless otherwise specified
herein, this agreement constitutes the entire agreement between you and Soulflower.biz
with respect to the Soulflower.biz websites/services and it supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral
or written, between you and Soulflower.biz with respect to the Soulflower.biz websites/services. Soulflower.biz's failure to act with respect to a breach by
you or others does not waive its right to act with respect to subsequent or
Representations and Warranties and Limitation of Liability
Soulflower spa products are based on natural and ayurvedic formulations. Though enormous efforts are made and precautions taken to render the products absolutely safe for human use, it is possible that certain ingredients may cause allergic reactions to certain individuals or adversely affect individuals with pre-existing medical conditions. Please make yourself aware of the ingredients and usage instructions accompanying each of our products to make sure that they are safe for you to use. It will be your sole responsibility to take proper precaution/ professional medical/ dermatological advice before using any of our personal care products that you may be allergic to. You agree that Soulflower.biz will not be responsible or liable for any product related issues including without limitation any allergic reactions to you on account of usage of our products. For any purchases made through Soulflower.biz, you will inter alia be governed by the limitation of liability and disclaimer conditions provided in more detail with the product packaging/leaflets.
Further, to the fullest extent permitted by law, we will not 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 Indian Rupees 2000 only.
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 (7) seven days after the cause of action relating to such claim or action arose.