Terms and conditions of use
Last revision: 13 December 2023
Introduction and Overview
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT
This Terms of Service Agreement (the “Agreement”) governs your (the user of products, services and website can be referred as user, you, your etc) use of this website, www.steamyamours.in (the “Website”), Steamy Amours (can also be referred by we or our or us etc) offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Steamy Amours for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.
Changes to these terms
Steamy Amours reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website.
Steamy Amours will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Steamy Amours encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website.
Products and services (as applicable)
Products and services:
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns and Refund Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Pricing:
We aim to ensure that prices of all the products listed on the Website are correct and up-to-date. However, from time to time, prices for certain products may not be current or may be inaccurate on account of technical issues, typographical errors or incorrect product information. We or the seller reserves the right to modify prices for products without notice. In each such case, notwithstanding anything to the contrary, We reserve the right to cancel the order without any further liability. Subject to the foregoing, the price mentioned at the time of ordering a Product shall be the price charged at the time of delivery, provided that no product listed on the Website will be sold at a price higher than its MRP (Maximum Retail Price).
All the prices are in Indian currency (i.e. Indian Rupee). Unless otherwise specified, the prices cited on the website are exclusive of shipping charges and delivery charges and GST, if applicable. You agree to pay for shipping or delivery charges which shall be added to the quoted price upon placing of the order.
Proprietary Rights:
Steamy Amours has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Steamy Amours. Steamy Amours also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Website
Content, Intellectual Property, Third Party Links:
In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about nutritional and dietary supplements. Steamy Amours does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that Steamy Amours does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
The content of the pages of the Website is for your general information and use only. We may update the Website from time to time, and may change the content, display, form, at any time without prior notice. Further, content on the Website may be out of date at any given time, and We are under no obligation to update it. We do not guarantee that the Website, or any content on it, will be free from errors or omissions.
You acknowledge that your use of the content on this Website is for personal, non-commercial use. Any links to third party websites are provided solely as a convenience to you. Steamy Amours does not endorse the contents on any such third-party websites. Steamy Amours is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website:
Your use of any information or materials on this Website is entirely at your own risk, for which We shall not be liable. It will be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website may be suspended for maintenance, withdrawn, discontinued or may be changed without notice. We shall not be liable for any damage or inconvenience caused to You if, for any reason, the Website is unavailable at any time or for any period. You are responsible for making all arrangements that may necessary for You to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection, are aware of these Terms and other applicable terms and conditions, and that they shall comply with them.
You agree, undertake and confirm that your use of this Website shall be strictly in accordance with applicable law and shall be governed by the following:
- You represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site
- You agree that if you provide any information that is untrue, inaccurate, not current or incomplete, we shall have the right to indefinitely suspend or terminate or block access to the Website by you.
- You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any of the Terms will result in an immediate termination of your services.
- Any order suspected / not meant for personal consumption, the Seller reserves the right to decline the order and refund the money. We reserve the right to block such accounts from where the suspected orders are placed.
- You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Steamy Amours is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.
Account password and security:
You may be required to register and login for placing orders from the website. You should take all the necessary measures for maintaining the privacy of the password created upon registration and shall also remain responsible for all the activities that occur under the your account. You agree to immediately notify us of any unauthorised use of the account or password. In case of any damage or loss arising out of your failure to comply with this provision, we shall not be held liable.
Billing, Accounting and payment related information:
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You agree that the debit/ credit card details provided by You for use of the purchase of Products on the Website is correct and accurate and that You shall not use a debit/ credit card, that is not lawfully owned by You or the use of which is not authorized to You by the lawful owner. You further agree and undertake to provide correct and valid debit/credit card details.
You may pay for Products purchased by You by using a debit/ credit card or through online banking account. Further, You agree and confirm that when you initiate a payment transaction and/ or issue an online payment instruction and provide your card/ bank details:
- You are authorizing debit of the nominated card/ bank account for the payment of fees selected by You along with the applicable fees; and
- You are responsible to ensure sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by You inclusive of the applicable fee for successful completion of the transaction.
For more details, please review our returns and refund policy.
License and Prohibitions:
By using this Website, you are granted a limited, non-exclusive, nontransferable right to use the content and materials on the Website in connection with your normal, 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 Steamy Amours or the applicable third party (if third party content is at issue).
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Posting:
By posting, storing, or transmitting any content on the Website, you hereby grant Steamy Amours 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. Steamy Amours 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. Steamy Amours is not liable for any damage or harm resulting from any posts by or interactions between users. Steamy Amours reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Steamy Amours deems objectionable, in our sole discretion.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Disclaimer of Warranties
Your use of this website and/or products are at your sole risk. The website and products are offered on an “as is” and “as available” basis. Steamy amours 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. (“products” include trial products.)
Without limiting the generality of the foregoing, steamy amours 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.
As to the results that may be obtained from the use of the products or that defects in products will be corrected.
Regarding any products purchased or obtained through the website.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
Limitation of liability
Steamy amours entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for products purchased via the website.
Steamy amours will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from (1) the use or the inability to use the website content or products; (2) the cost of procuring substitute products or content; (3) any products purchased or obtained or transactions entered into through the website; or (4) any lost profits you allege. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
Events beyond our reasonable control:
We shall not be held responsible for any delay, failure to deliver, loss or damage caused to the Products due to force majeure reasons including without limitation to the acts of god, strikes, acts of terrorism, burglary, hijacking, robbery, riots, political disturbances, invasion, fire, floods, tsunami, epidemic, pandemic, road accidents and for reasons beyond the control.
Indemnification
You will release, indemnify, defend and hold harmless Steamy Amours, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Steamy Amours. When Steamy Amours is threatened with suit or sued by a third party, Steamy Amours may seek written assurances from you concerning your promise to indemnify Steamy Amours; your failure to provide such assurances may be considered by Steamy Amours to be a material breach of this Agreement. Steamy Amours will have the right to participate in any defence by you of a third party claim related to your use of any of the Website content or Products, with counsel of Steamy Amours choice at its expense. Steamy Amours will reasonably cooperate in any defence by you of a third-party claim at your request and expense. You will have sole responsibility to defend Steamy Amours against any claim, but you must receive Steamy Amours prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
Agreement to be bound
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Privacy
Steamy Amours believes strongly in protecting user privacy and providing you with notice of our use of data. Please refer to the Terms related to privacy of the user information are prescribed under the Steamy Amours’ privacy policy.
Shipping and Delivery
The Terms related to shipping and delivery of the products are prescribed under the Steamy Amours’ shipping and delivery policy.
Returns and Refund
The Terms related to returns and refund of the products are prescribed under the Steamy Amours’ returns and refund policy.
General
Force Majeure:
Steamy Amours 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, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott.
Cessation of Operation:
Steamy Amours 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 Agreement comprises the entire agreement between you and Steamy Amours and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver:
The failure of Steamy Amours to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law, Jurisdiction:
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India.
This Website originates from Maharashtra, India. This Agreement will be governed by the laws of the State of Maharashtra and India without regard to its conflict of law principles to the contrary. Neither you nor Steamy Amours will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Maharashtra. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation:
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights:
By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.
Severability:
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination:
Steamy Amours reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Steamy Amours may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Steamy Amours reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Steamy Amours chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use:
Steamy Amours makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws. Assignment. You may not assign your rights and obligations under this Agreement to anyone. Steamy Amours may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
Disclaimer:
You acknowledge and undertake that You are placing orders on the Website at your own risk and volition and You are using your best and prudent judgement before entering into any transactions through the Website. The contents of this Website are only for information purpose. Users are advised to rely on information posted herein for any purpose only after verification and confirmation of the same from authentic and authoritative sources.
No contents/ portion of the contents, graphics, picture or presentation in this Website may be used without explicit permission in writing from Us. Usage of contents/ parts thereof without verifiable and expressed permission from Us will attract legal consequences.
We shall not be responsible for any cancelled or failed transactions or payments attempted using credit cards, debit card, net banking or any other means on the Website. You further agree that We shall not be responsible or liable for cancellations or failures which take place on account of You exceeding the existing limit on your credit card.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Contact information:
If you have any questions about our terms and conditions or policies, you can contact us at [email protected]