TERMS AND CONDITIONS OF SALE

This page provides you information about the Shop at TERRAPORTIER (“TERRAPORTIER”, “we”, “our” and/or “us”), and the terms and conditions (the "Terms") on which we sell products in accordance with Section 2.1 below ("Products") through our website ("our site") to you.

These Terms will apply to any contract between us for the sale of Products to you ("Contract"). Before using our site, please read these Terms carefully and make sure that you understand them.

Please note that before placing an order or making a payment you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our Website or make any payments related thereto.

You should view, read and print a copy of these Terms or save them to your computer/ device for future reference. We may amend these Terms from time to time as set out below. Every time you wish to order Products or use our site, please check these Terms to ensure you understand the terms which will apply at that time.

If there is any discrepancy between the terms of this document in any other language and the English translated version of this document, the terms of the English version shall prevail.

If the Terms contain special provisions that only apply to consumers in certain countries, the applicability of the respective provision depends on where the consumer has his habitual residence.

If you wish to contact us for any other reason, including because you have a complaint, please do so by e-mailing us at hello@terraportier.com. If we have to contact you or give you notice in writing, we will do so by e-mail or by post to the address you provide to us in your order.

1. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

• By placing an order with us through our site, you acknowledge that your transaction will be with us. You further acknowledge that upon successful verification by us of the authenticity and sufficiency of the information you provide, we will start the process to dispatch the said Product/s. We will be responsible for fulfilling the order to you.
• Our Website will guide you through the steps you need to take to place an order and make a payment with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
• After you place an order, you will receive an e-mail from us acknowledging that we have received your order. The Contract between us will only be formed when you receive your order confirmation email.
• We will send you an e-mail that confirms that the Products have been dispatched ("Dispatch Confirmation").
• If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible and will incur no further liability to you.
• You acknowledge that we shall be permitted to verify the authenticity and sufficiency of the information you provide, and if we are unable to verify the information automatically, our representatives may contact you and/or your debit or credit card issuing bank to confirm your identity and/or your intent to place the order.
• Please note that any Products made available through our site are intended for non-commercial use, and purchase of any Products for resale purposes is strictly prohibited.
• By placing an order or making a payment through our site, you warrant that you are legally capable of entering into binding contracts. Your credit/debit card or other payment method will be billed by us and charges on your statement will be accompanied by the description "__________", or similar. You warrant that all the information provided to us for the purpose of processing payments is correct and you are authorized to utilize the proffered payment method. You acknowledge that we will be entitled to verify the authenticity and sufficiency of the payment information you provide. TERRAPORTIER reserves the right to cancel your order at any stage, in the event that we are unable to verify the information you provide, or the payment method that you have selected. In the event of a cancellation by TERRAPORTIER, we will refund you the full amount that you have paid.
• We provide the service of determining the appropriate taxes and duties to be applied to the importation of the Product by you, and to collect, report and remit these taxes and duties, as applicable, on your behalf, to the appropriate tax authority. For imports into the European Union and the United Kingdom, the resulting taxes and duties are included in your payment and are paid by TERRAPORTIER and there are no additional costs. By accepting these Terms, you authorise TERRAPORTIER to accept any additional claims for levies (additional assessment) from the relevant customs authorities. All Products purchased from us are made pursuant to a shipment contract. Title subsequently transfers from TERRAPORTIER to you prior to importation of the Product and you shall be the importer of record. Risk of loss in the Product passes to you when the Product is delivered to you.
• By ordering Products from us, you hereby authorize a licensed customs broker chosen by us to act as your agent and transact business with foreign revenue authorities to clear your Products, account for duties and taxes on your behalf, if applicable return your Products and if applicable, prepare and submit refund claims on your behalf for any merchandise that you return.

2. TERMS OF USE OF OUR SITE

• Please read these Terms of Use carefully before you start to use this Website. By using our site, you indicate that you accept these Terms of Use and that you accept and agree to abide by them. If you do not agree to the Terms of Use, please immediately cease all usage of this site.
• We do not guarantee that our site or any content on it will always be available or be uninterrupted. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw, discontinue or change all or any part of the site without notice. We will not be liable to you if for any reason all or any of our sites are unavailable at any time or for any period.
• You are responsible for making all the necessary arrangements for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms, and that they comply with them.

• We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. We may update our site from time to time and may change the content at any time.

• Access to certain areas of our site is restricted. We reserve the right to restrict access to other areas of our site, or indeed the whole site, at our discretion. The use of our sites by a minor (an individual under 18 years of age) is subject to the consent of their parent or guardian and our Contract is with the parent or guardian, who is responsible for the minor's compliance. We advise parents or guardians who permit minors to use the site that it is important that they communicate with minors about their safety online, as moderation or vetting of advertisements is not guaranteed or fool-proof. Minors who are using any interactive service should be made aware of the potential risks to them.

• You must not use our site in any way that causes, or may cause, damage to the site or impairment of the availability or accessibility of the site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity including but not limited to using our site to copy, store, host, transmit, send, use, publish or distribute any material; gaining unauthorized access to our site; collecting data from our site; sending unsolicited commercial communications via our site; and/or without limitation performing any act that is inconsistent with the purpose of this site: to take in and fulfil consumer orders.

• Where necessary we will report any breach of these Terms to the relevant law enforcement authorities and if and to the extent allowed under applicable data protection law, we will co-operate with those authorities by disclosing your identity and/or your personal information to them. In the event of such a breach, your right to use our site will cease immediately.

• We reserve all rights, title and interests in our and our affiliates' intellectual property rights including without limitation, any patents, trademarks, service marks, copyright, database rights, design rights, know-how, confidential information and any other similar protected rights in any country.

3. SHIPPING AND DELIVERY

• Your Dispatch Confirmation will contain delivery information which will allow you to track the delivery of your Products (where such service is made available). Occasionally our delivery to you may be affected by an event outside our control.
• If no one is available at your address to take delivery, the carrier may leave a delivery attempt notice to advise that the merchandise has been returned to their local depot. If this occurs, please contact the carrier at the number listed on the delivery attempt notice. If you have further issues, please contact TERRAPORTIER on hello@terraportier.com.
• Delivery of an order shall be completed when we deliver the Products to the address you gave us, or you collect such Products from us.
• Occasionally, part of an order may be out of stock. If not agreed otherwise in these Terms (stated hereinbelow), we are not responsible for delays in your order due to backorder situations or delays.
• Products are shipped to you based on the information which you provide to us and you are responsible for the accuracy of such information. If any regulations are breached (including but not exclusively export/import regulations) due to inaccurate information provided by you then you are responsible for such breach.
• Our carrier may contact you to arrange deliveries, confirm delivery details and rearrange deliveries (where applicable) from time to time.
• The delivery period of each product would differ. TERRAPORTIER will ensure that products are delivered within the time frame suggested on the respective product page on the Website. However, TERRAPORTIER will not be responsible in case of event outside its control (see Clause 6)

4. REFUND/ RETURN/ EXCHANGE POLICY

• In the event the Product shipped is damaged or wrongly shipped, TERRAPORTIER will refund the sums paid by You and accept return. Under no other circumstances, will refund be processed by TERRAPORTIER. TERRAPORTIER does not offer exchange of any Product at any stage.
• In the event of Returns, it is your duty to ship the Product at the address stated within five (5) working days. TERRAPORTIER, at the first instance, will not bear any costs for shipping, These details will be provided with the delivery package containing your order or in the Dispatch Confirmation email or you can reach out to us at hello@terraportier.com.
• Returned Products must be in new condition with tags attached and must be accompanied by the original receipt or invoice. All returned Products are sent at your own risk.

• All refunds are subject to inspection and verification within our return centres. If the returned Products are not fully resaleable, whether through a damage of the product or the packaging, we reserve the right to refuse a refund partly or in total.

• Only in cases where the details of the returned Products have been provided within the Portal will we reimburse you. You will be refunded by us to the credit/debit card or other payment method provided by you when the order was originally placed. The refund will be processed as soon as practicable but within fourteen (14) working days of the Product arriving to the return centre in a perfect resalable condition.

• Deductions may be made from refunds where such returned Products are returned in an unacceptable condition. We acknowledge that any Products returned on the basis of being faulty shall not be subject to this section and no provisions within these Terms shall affect your statutory consumer rights. All returns of faulty Products will be governed under the Sale of Goods Act 1930 (as amended).

• Certain goods may not be suitable for return. In the event that a Product is not suitable for returning, please refer to your order confirmation email and you will be advised as to how your refund may be processed in accordance with the policies and procedures set out therein.

• With respect to cancellation of any Order, TERRAPORTIER starts preparing for the Order shortly after it has been placed. This being so, we cannot guarantee that a change or cancellation can be made once your order is confirmed. To find out if a change or cancellation is possible, please contact us at hello@terraportier.

5. PRODUCT WARRANTIES AND OUR LIABILITY

• We will endeavour to ensure the accuracy, reliability, or completeness of the description or specification of the said Product. We provide no warranties, guarantees or covenants of any kind relating to the fitness, quality, safety, or inability to use, or inability to have repaired or serviced, any product purchased by you. To the maximum extent allowed by law, we disclaim all warranties, express or implied, relating to fitness, quality, or safety of the product, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. To the fullest extent permitted at law, we will not be liable (whether in contract, tort (including, but not limited to negligence), or under any statutory implied term) for any damages of any kind including without limitation direct, indirect, incidental, punitive, special and consequential damages (including, without limitation, loss of profits, loss of revenue or loss of data) arising out of or in connection with any products purchased or obtained, whether or not we have been advised of the possibility of such damage. Our maximum liability to you is the amount charged to your credit card or other form of payment. Despite anything else contained in these terms.
• Neither party excludes any liability for death or personal injury to the extent only that it arises as a result of the negligence of that party, its employees, agents or authorised representatives.
• To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
• We will not be liable to any user for any loss or damage arising under or in connection with:
  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

• We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our sites or to your downloading of any content on it, or on any website linked to it.
• We assume no responsibility for the content of websites linked on our sites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

6. EVENTS OUTSIDE OUR CONTROL

• We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.
• An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, health crisis or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
• If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
  • you will be contacted as soon as reasonably possible to notify you; and
  • our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
  • you may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days from the date of order. To cancel please contact us. If you opt to cancel, you will have to return any relevant Products you have already received (where appliable in accordance with these terms and conditions), and we will refund the price you have paid, including any delivery charges (where applicable).

7. BREACHES OF THESE TERMS OF USE

• Without prejudice to our other rights under these Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to our site, prohibiting you from accessing our site, blocking computers using your IP address from accessing our site, contacting your internet service provider to request that they block your access to our site if and to the extend allowed under applicable data protection law and/or bringing court proceedings against you.

8. DISPUTE RESOLUTION

• TERRAPORTIER will attempt in good faith promptly to resolve any dispute arising hereunder by negotiations. If unsuccessful, TERRAPORTIER will attempt in good faith to settle the dispute by non-binding third-party mediation, with mediator fees and expenses apportioned equally to each side. Any dispute not so resolved by negotiation or mediation may then be submitted to the sole Arbitrator to be appointed by the TERRAPORTIER and the Act and Rules of The Arbitration and Conciliation Act, 1996 (as amended) shall apply and the award made in pursuance thereof shall be binding on the Parties. The venue of the Arbitration shall be Mumbai only and the proceedings of the Arbitration shall be conducted in English. These procedures are the exclusive procedures for the resolution of all disputes between the Parties.

9. GOVERNING LAW AND JURISDICTION:

All disputes arising under this agreement will be governed by and interpreted in accordance with the Laws of India and the User agree that all the disputes will be subject to the exclusive jurisdiction of the Courts at Mumbai.