Terms & Conditions
TERMS AND CONDITIONS FOR USE OF "The SHM Store"
Welcome to TheSHMStore!
1. USE OF TheSHMStore
You agree and acknowledge that TheSHMStore is an online platform that enables you to purchase the products listed on TheSHMStore at the indicated price at any time from the serviceable locations . Except where we are the seller of the relevant product on TheSHMStore, you agree and acknowledge that we are only a facilitator and are not and cannot be a party to or control in any manner any transactions on TheSHMStore. Accordingly, such contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on TheSHMStore.
Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e. persons who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use and access TheSHMStore. If you are a minor i.e. under the age of 18 years, you may use TheSHMStore only with the involvement of a parent or guardian.
3. REGISTRATION AND OPERATION OF YOUR ACCOUNT
3.1. In order to use TheSHMStore and avail the Services, you will have to register on TheSHMStore. Registration is a one-time process and is free of cost. You may register in one of the following ways:
3.1.1. By creating a TheSHMStore account: You can register by providing relevant information, such as your name, gender, and such other details relevant for creating an account. Your login ID and password will be created basis the information provided by you, which you can use to access your TheSHMStore account at any time.
3.1.2. By using a third-party account: You may use the login credentials from any third-party accounts maintained by you, as identified by TheSHMStore (for example, Google or Facebook). If you use such third party account, you will also be subject to specific terms and conditions applicable to such account, as may be imposed by the relevant third-party.
Your credentials shared by you at the time of registration and your TheSHMStore login ID and password are referred to as “ Account Information”.
3.2. You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the Account Information and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You will at all times keep your Account Information current and accurate. You can access and update much of the Account Information you provided us with in the ‘Your Account’ area of the website.
4. COMMUNICATION AND UNSUBSCRIPTION
4.1. You understand that once you have shared your Account Information and successfully registered on TheSHMStore, you may receive SMS or email notifications from TheSHMStore relating to your registration and transactions on TheSHMStore.
4.2. You may also receive such notifications regarding any marketing / promotional activities that maybe available on TheSHMStore from time to time. By sharing your Account Information and registering on TheSHMStore and/ or verifying your contact number with us, you explicitly consent to receive marketing/ promotional communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.
4.3. TheSHMStore may also send notifications and reminders with respect to the Services on TheSHMStore. While TheSHMStore endeavors to provide these notifications and reminders to you promptly, TheSHMStore does not provide any guarantee and will not be held liable or responsible for any failure to send such notifications/reminders to you.
4.4. You can unsubscribe / opt-out from receiving marketing/ promotional communications, newsletters and other notifications from TheSHMStore at any time by following the instructions set out in such communications.
5. LICENSE AND ACCESS TO PLATFORM
5.1. Your use of TheSHMStore, the Services, and access to the TheSHMStore Content ( as defined below) is subject to a limited, revocable and non-exclusive license which is granted to you when you register on TheSHMStore. You will use TheSHMStore solely for identifying products, carrying out purchases of products and processing returns and refunds, in accordance with Return and Refund Policy, for your personal use only and not for business purposes.
5.3. You grant to TheSHMStore a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on TheSHMStore without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on TheSHMStore. You agree to perform all further acts necessary to perfect any of the above rights granted by you to TheSHMStore, including the execution of deeds and documents, at its request.
Please note that TheSHMStore at all times reserves the right to refuse your access to TheSHMStore, terminate/deactivate your account, remove or edit content on TheSHMStore, at its discretion.
6. PERSONAL INFORMATION PRIVACY
6.1. During the course of your registration on and usage of TheSHMStore or availing the Services, TheSHMStore may collect and store and/or you may provide us with, personal identifiable and sensitive information about you, including without limitation your name, phone number, email address, address, postal code, occupation, login details etc.
7. CONTENT ON PLATFORM
7.1. All information, content, material, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on TheSHMStore or any of the other Services are the property of TheSHMStore or its affiliates (“TheSHMStore Content”), and are protected under copyright, trademark and other applicable laws. Further, all trademarks, services marks, trade names and trade secrets in relation to TheSHMStore whether or not displayed on TheSHMStore, are proprietary to TheSHMStore.
7.2. TheSHMStore may display on TheSHMStore any third-party logos, trade names, trademarks of other brands, as per the license granted to TheSHMStore by such brands.
8.1. TheSHMStore will try to make access to and use of TheSHMStore error-free and without interruptions. However, your access to TheSHMStore may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services on TheSHMStore. TheSHMStore does not take responsibility for any access or usage problems that arise from internet related issues at your end.
8.2. All information in relation to third parties, including sellers and the products listed by them on TheSHMStore (“ Third Party Information”) are provided only for reference. TheSHMStore, in its capacity of an intermediary under the applicable laws, is not endorsing Third Party Information and is not responsible for any errors and representation nor is it associated with it and you shall access the Third Party Information at your own risk.
8.4. To help you in identifying the products of your choice, description of the products are provided on TheSHMStore by the relevant seller through photographs, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, the appearance/color of the products when delivered may differ for various reasons.
8.5. The Services included on TheSHMStore are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except as otherwise specified in writing. TheSHMStore does not covenant or provide any representations and warranties:
8.5.1. in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including product or pricing information and/or specifications) on TheSHMStore;
8.5.2. that the Services will be made available at all times;
8.5.3. that the operation of TheSHMStore, including the functions contained in any content, information and materials on TheSHMStore or any third-party sites or services linked to TheSHMStore will be uninterrupted, or that the defects will be rectified, or that TheSHMStore or the servers that make such content, information and materials available are free of viruses or other harmful components; and
8.5.4. that the TheSHMStore Content available on TheSHMStore is complete, true, accurate or non-misleading.
8.6. Parties other than TheSHMStore and its affiliates may operate stores, provide services, or list or sell product lines on TheSHMStore. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content made available by them. TheSHMStore does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. The information displayed on TheSHMStore is for informational purpose only, and does not amount to or be deemed to be an endorsement of any product or service under any circumstances.
8.7. To the extent permitted by applicable law, TheSHMStore disclaims any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on TheSHMStore.
8.8. TheSHMStore is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third party platforms, you are doing so entirely at your own risk and expense.
9. USER WARRANTIES AND RESTRICTIONS
9.1. You represent and warrant that: (a) your use of TheSHMStore and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to TheSHMStore in connection with TheSHMStore and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable TheSHMStore policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, TheSHMStore will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify TheSHMStore and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
9.3. The use of the Platform by you is restricted to personal use only, and you will not use any portion of TheSHMStore (including the contents on the Platform) or Services for any resale or commercial purpose.
9.4. You will not do any of the following:
9.4.1. Delete or modify any content on TheSHMStore, such as any information regarding the Services, their performance, sales or pricing;
9.4.2. Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search TheSHMStore;
9.4.3. Make false or malicious statements against the Services, TheSHMStore or TheSHMStore;
9.4.4. Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage TheSHMStore and/or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of TheSHMStore and/or the Services;
9.4.5. Introduce any trojans, viruses, any other malicious software, any bots or scrape TheSHMStore for any information;
9.4.6. Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;
9.4.7. Hack into or introduce malicious software of any kind onto TheSHMStore;
9.4.8. Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or
9.4.9. Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.
9.5. You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through TheSHMStore, any information that:
9.5.1. belongs to another person and to which You do not have any right;
9.5.2. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
9.5.3. harms minors in any way;
9.5.4. infringes any patent, trademark, copyright or other proprietary rights;
9.5.5. violates any law for the time being in force;
9.5.6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
9.5.7. impersonates or defames another person; or
9.5.8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
10. INDEMNIFICATION AND LIMITATION OF LIABILITY
10.2. To the fullest extent permitted by law, in no event shall TheSHMStore or any of its directors, officers, employees, agents or content or service providers (collectively, the “TheSHMStore Representatives”) be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, TheSHMStore or the content, materials and functions related thereto, the Services,provision of information via TheSHMStore, lost business, even if such TheSHMStore Representatives have been advised of the possibility of such damages.
10.3. In no event shall TheSHMStore Representatives be liable for:
10.3.1. the use or inability to use TheSHMStore and/or the Services;
10.3.2. any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through TheSHMStore;
10.3.3. any unauthorized access to or alteration of your transmissions of sensitive personal information or other user data; or
10.3.4. any other matter relating to TheSHMStore or the Services.
10.4. TheSHMStore is neither liable nor responsible for any actions or inactions of the other users of TheSHMStore or any breach of conditions, representations or warranties by them. TheSHMStore is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of TheSHMStore.
10.5. None of the directors, officials or employees of TheSHMStore shall be personally liable for any action in connection with TheSHMStore or the Services.
11. ACCESS OUTSIDE THE REPUBLIC OF INDIA
12. TERM AND TERMINATION
13. FORCE MAJEURE
13.1. TheSHMStore will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond TheSHMStore’s reasonable control.
16. GRIEVANCE REDRESSAL
17. GOVERNING LAW AND DISPUTE RESOLUTION
TERMS AND CONDITIONS OF SALE
Welcome to TheSHMStore!
The terms and conditions of sale as set out herein (“ Terms of Sale”) constitute an agreement between the person/ entity listed as seller (“we”, “us” or “our”) on the portal www.TheSHMStore.com and its corresponding mobile application (collectively, “TheSHMStore”) and you (“ you” or “your”) and govern your purchase of the products (“Product(s)”) from us on or through TheSHMStore. By placing an order for any Product with us or making a purchase of Product, you expressly agree to be bound by these Terms of Sale.
1. Our Contract of Sale
1.1. Listing and display of a Product by us on TheSHMStore is our invitation to you to make an offer for purchase of such Product. Likewise, the placement of an order on TheSHMStore by you is your offer to buy the Product(s) from us.
1.2. Once you have placed an order with us for purchase of a Product, you will receive an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is merely an acknowledgement that we have received your order and does not signify our acceptance of your offer.
1.3. We only accept your offer and conclude the contract of sale for a Product ordered by you, when the Product is shipped or dispatched to you and an e-mail confirmation is sent to you that the Product has been shipped or dispatched to you (the “Shipment Confirmation”). We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to you.
1.4. You acknowledge that there may be certain Products in your order whose actual quantity may not be known at the time of order placement (for example, fruits, vegetables, etc.). Such Products will therefore be invoiced based on the exact weight at the time of packaging and upon dispatch, our Shipment Confirmation will reflect such marginal variance in the quantity of the Product as against your original order and relevant adjustment in the invoice amount.
1.5. If your order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that Shipment Confirmation.
1.6. Your contract is with us and you confirm that the Product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. Please note that we sell Products only in quantities which correspond to the usual requirements of an average household. This applies both to the number of Products ordered within a single order and the placing of several orders for the same Product where the individual orders comprise a quantity typical for a normal household.
1.7. You can cancel your order for a Product at no cost at any time before we send the Shipment Confirmation relating to that Product.
1.8. All orders placed on TheSHMStore are subject to the availability of such Product, our acceptance of your offer as per the above and your continued adherence to these Terms of Sale.
2. Return and Refund
Please review the Returns Policy and Refund Policy of TheSHMStore, which applies to Products sold by us.
3. Product Availability
We list availability information for the Products on the relevant webpage of TheSHMStore. Beyond what we say on that webpage or otherwise on TheSHMStore, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any Products you order turn out to be unavailable or out of stock.
4. Product Pricing
4.1. All prices are listed in Indian Rupees. Price, as displayed, is inclusive of all applicable taxes.
4.2. Products in your shopping cart of TheSHMStore will reflect the most recent price as displayed on the Product’s information webpage on TheSHMStore. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. It is also possible that a Product’s price may decrease between the time you place it in your shopping cart and the time you place the order.
4.3. Subject to paragraph 1.4 above, the prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the Products do not fluctuate on a daily basis but prices of some of the Products (such as fresh food, vegetables, etc.) do change on a daily basis. In case the prices are higher or lower on the date of delivery, no additional charges will be collected or refunded, as the case may be, at the time of the delivery of the order, except as set out in paragraph 1.4 above.
You acknowledge that there may be licenses/permissions required under the applicable laws to use, purchase or otherwise possess certain Product(s). You will be solely responsible for obtaining such licenses/permissions and complying with the terms of such licenses/permissions.
You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products from us and you agree to bear any and all applicable taxes.
Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e. persons who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use TheSHMStore and place an order with us. If you are a minor i.e. under the age of 18 years, you may purchase the Product on TheSHMStore only with the involvement of a parent or guardian.
8. Limitation of Liability
In no event, our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your behalf, shall extend beyond the refund of money charged from you for purchases made pursuant to an order under which such liability has arisen and been established. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of Product by us to you was formed.
We reserve the right to make changes to our policies, and these Terms of Sale at any time. You will be subject to the policies and Terms of Sale in force at the time you order Product from us, unless any change to those policies or these Terms of Sale is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
10. Force Majeure
We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.
No provision in these Terms of Sale will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Our consent to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
12. Governing Law and Dispute Resolution
These Terms of Sale, all transactions consummated between you and us, and our relationship with you is governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction to the courts of Mumbai.
13.2. These Terms of Sale supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the purchase of Product.