Terms & Conditions
Welcome to the FCH
ENTERPRISES, in using the service of FCH ENTERPRISES you are deemed to
have accepted the terms and conditions listed below-
All products/services and information displayed on FCH ENTERPRISES constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. FCH ENTERPRISES 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 FCH ENTERPRISES prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.
Eligibility for Membership
Use of the Site 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 Site. If you are a minor i.e. under the age of
18 years but at least 13 years of age, you may use this Site only under the
supervision of a parent or legal guardian who agrees to be bound by these Terms
of Use. If your age is below that of 18 years your parents or legal guardians
can transact on behalf of you if they are registered users. You are prohibited
from purchasing any material which is for adult consumption, the sale or
purchase of which to/by minors are strictly prohibited.
FCH ENTERPRISES reserves the right to terminate your membership and refuse to provide you with access to the site if FCH ENTERPRISES discovers that you are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by FCH ENTERPRISES 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.
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 FCH ENTERPRISES you agree to be bound by the Terms and Conditions.
Account and Registration Obligations
Information" is defined as any information you provide to us in the
registration, buying or listing process, in the feedback area or through any
email feature. We will protect Your Information in accordance with our Privacy
Policy. If you use the Site, you are responsible for maintaining the
confidentiality of Your Account and Password and for restricting access to your
computer, and you agree to accept responsibility for all activities that occur
under Your Account or Password. FCH ENTERPRISES 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, you should notify us by contacting us immediately
through the address provided below. If FCH ENTERPRISES has reason to believe
that there is likely to be a breach of security or misuse of the FCH
ENTERPRISES Site, we may require you to change your password or we may
suspend your account without any liability to FCH ENTERPRISES.
You also agree to:
Provide true, accurate, current and complete information about yourself in FCH ENTERPRISES's registration form (such information being the "Registration Data") 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 FCH ENTERPRISES has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, FCH ENTERPRISES has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
While FCH ENTERPRISES strives to provide accurate product and pricing information, pricing or typographical errors may occur.
FCH ENTERPRISES 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, FCH ENTERPRISES 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, FCH ENTERPRISES 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
FCH ENTERPRISES 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 FCH
ENTERPRISES accepts 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 FCH
ENTERPRISES 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 card account.
We strive to provide you with the best prices. However, sometimes a price online does not match the price in a store. In our effort to be the lowest price provider in your particular geographic region, store pricing may sometimes differ from online prices. Prices and availability are subject to change without notice.
Cancellation by FCH ENTERPRISES
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 verification or information before accepting any order. We will contact 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 cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account.
Credit Card Details
You agree, understand and confirm that the credit card details provided by you for availing of services on FCH ENTERPRISES will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details when making payment on FCH ENTERPRISES.
Your credit card information never reaches FCH ENTERPRISES, we just get pass, hold or fail message from our payment gateways. The said information will not be utilized and shared by our payment gateways or FCH ENTERPRISES with any of the third parties unless required for fraud verifications or by law, regulation or court order. FCH ENTERPRISES 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 otherwise' shall be exclusively on you.
Fraudulent /Declined Transactions
ENTERPRISES reserves the right to recover the cost of goods, collection
charges and lawyers fees from persons using the Site fraudulently. FCH
ENTERPRISES reserves the right to initiate legal proceedings against such
persons for fraudulent use of the Site and any other unlawful acts or acts or
omissions in breach of these terms and conditions.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
When you visit the Site 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 Site. 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.
Conditions for Customer Support Chat
FCH ENTERPRISES may
suspend FCH ENTERPRISES live support service at any time without
FCH ENTERPRISES or its executives are not responsible for any delay caused in attending to or replying to the queries via chat.
Any communication through chat may be stored by FCH ENTERPRISES for FCH ENTERPRISES reference; customer would not have the right to access this information at a later date.
While chatting you may not
put on any objectionable information i.e. unlawful, threatening, abusive,
defamatory, obscene information.
The chat room will not be used for selling of any products or advising on business opportunity or any other form of solicitation.
You may proceed further, and chat with our online customer care executive only if you agree to the above terms and conditions.
You Agree and Confirm
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 FCH ENTERPRISES for redelivery shall be claimed from you.
That you will use the services provided by FCH ENTERPRISES, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
You will provide authentic and true information in all instances where such information is requested of you. FCH ENTERPRISES 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), FCH
ENTERPRISES has the right in its sole discretion to reject the
registration and debar you from using the Services of FCH
ENTERPRISES and / or other affiliated websites without prior intimation
That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
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 included in the item's description.
You may not use the Site for any of the following purposes:
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 practice.
Gaining unauthorized access
to other computer systems.
Interfering with any other person's use or enjoyment of the Site.
Breaching any applicable laws;
Interfering or disrupting networks or web sites connected to the Site.
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Modification of Terms & Conditions of Service
FCH ENTERPRISES may at any time modify the Terms & Conditions of Use of the site without any prior notification to you. You can access the latest version of the User Agreement at any given time on FCH ENTERPRISES. You should regularly review the Terms & Conditions on FCH ENTERPRISES.
In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.
Governing Law and Jurisdiction
This User Agreement shall
be construed in accord with the applicable laws of India. The Courts at DELHI
shall have exclusive jurisdiction in any proceedings arising out of this
Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by FCH ENTERPRISES 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 time to time. The arbitration shall be held in DELHI. The High Court of judicature at DELHI alone shall have the jurisdiction and the Laws of India shall apply.
Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to FCH ENTERPRISES on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain FCH ENTERPRISES property. Such disclosure, submission or offer of any Comments shall constitute an assignment to FCH ENTERPRISES of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.
Thus, FCH ENTERPRISES 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. FCH ENTERPRISES 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.
FCH ENTERPRISES 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 Site 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 Site 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
FCH ENTERPRISES 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 Site. You grant FCH ENTERPRISES 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 FCH ENTERPRISES and its affiliates for all claims resulting from any Comments you submit. FCH ENTERPRISES and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Copyright & Trademark
FCH ENTERPRISES 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 Site. Access to this Site does not confer and
shall not be considered as conferring upon anyone any license under any
of FCH ENTERPRISES or any third party's intellectual property rights.
All rights, including copyright, in this website are owned by or licensed
to FCH ENTERPRISES or third party suppliers. 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 FCH ENTERPRISES. You cannot modify, distribute or re-post
anything on this website for any purpose.
The FCH ENTERPRISES names and logos and all related product and service and FCH ENTERPRISES slogans are the trademarks or service marks of FCH ENTERPRISES. 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 Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
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 Site (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 Site 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 Site or any related software. All software used on this Site is the property of FCH ENTERPRISES or its suppliers and protected by Indian and international copyright laws.