Terms and Conditions
These Terms and Conditions govern the supply of goods to consumers online and are aligned with the applicable Indian laws, including the Consumer Protection Act, 2019, and the rules framed thereunder.
These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information.
General terms and conditions
This site is owned and operated by Evimera Enterprise Ltd (Office No. 36/888, 3rd Floor AKL heights, Seaport Airport Road, Kakkanad, Kochi, Kerala, India 682021). If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at info@evimeriaenterprise.com or by calling +91 7034555989.
1. Our contract with you
Acceptance of your order
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
If we cannot accept your order
If we are unable to accept your order, we will inform you of this by email and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, confirmation of payment for whatever reason has been withheld, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
Your order number
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order
2. Ownership of rights
All rights, including copyright, in this website are owned by or licensed to Evimeria Enterprise Pvt Ltd. 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 our permission. You may not modify, distribute or repost anything on this website for any purpose without our written permission.
3. Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been fairly described. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only. Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. The packaging of the product may vary from that shown on images on our website.
4. If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can email us at info@evimeriaenterprise.com.
5. Damage to your computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
6. Availability
All orders are subject to acceptance and availability. If the Goods you have ordered are not available from stock, we will notify you during the online order process, giving you an anticipated delivery date. You will have the option either to accept the anticipated delivery date or to cancel your order.
7. Ordering errors
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process
8. Price
The prices payable for goods that you order are as set out in our website. All prices are inclusive of GST at the current rates and are correct at the time of entering information. Wherever it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, offer to sell you the goods of the specification and description at the price stated in the email and will state the period for which the offer or the price remains valid.
9. Payment terms
Full payment is required with your online order unless delivery cannot be fulfilled within 30 days. We accept no liability if a delivery is delayed because you did not give us the correct address details. If it is not possible to obtain full payment for the goods from your account then we can cancel the contract and or suspend any further deliveries to you. This does not affect any other rights we may have.
10. Delivery charges
Delivery charges vary according to the type and quantity of goods ordered and the location of the delivery address. Delivery charges will be shown on your order prior to order payment.
11. Delivery
11.1 During the order process we will let you know when we will dispatch the products to you, together with an expected delivery date. If the products are on a regular delivery schedule, we will also tell you during the order process the current state
11.2 We will make every effort to arrange delivery to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. In the case of any difficulties, we will contact you with an explanation and to agree a delivery date.
11.3 We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
11.4 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
12. Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you, or if you fail to take delivery at the agreed time, the time when we tried to deliver. You will only own the goods once they have been successfully delivered and when we have received cleared payment in full. Goods supplied are not for resale unless previously agreed by Evimeria Enterprise Pvt Ltd. in writing.
13. Acknowledgement and acceptance of your order
You will need to provide us with your e-mail address and we will notify you by e-mail as soon as possible to confirm receipt of your order and e-mail you again to confirm details. An acceptance of your order will take place on dispatch of the good(s) ordered.
14. Our right to end the contract
14.1 We may end the contract if you break the contract terms. We may end the contract for a product at any time by writing to you if:
a. you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is now due;
b. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, a correct delivery address;
c. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
d. you do not, within a reasonable time, allow us access to your premises to supply the services; or
e. you are reselling the products without first obtaining our written permission.
14.2 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 30 days in advance of our stopping. the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
16. Liability
16.1 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we will have no liability to you unless you notify us in writing at our contact address of the problem within 60 days of the date on which you ordered the goods (unless this is not reasonably practicable). If you notify a problem to us under this condition, our only obligation will be, at your option:
16.1.1 to make good any shortage or non-delivery;
16.1.2 to replace or repair any goods that are damaged or defective.
16.2 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
17. Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Evimera Enterprise Ltd., Office No. 36/888, 3rd Floor AKL heights, Seaport Airport Road, Kakkanad, Kochi, Kerala, India 682021 and all notices from us to you will be emailed to you and/or displayed on our website from to time.
18. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
19. Our right to make changes
19.1 Minor changes to the products. We may change the product:
a. to reflect changes in relevant laws and regulatory requirements and
b. to implement minor technical adjustments and performance improvements. Such changes will not affect your use of the product.
20. Law, jurisdiction and language
This website, the content contained herein, and any contract arising out of the use of this website shall be governed by and construed in accordance with the laws of India. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts at Kochi, and, where applicable, the High Court of Kerala at Ernakulam.
21. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not .
22. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
23. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
