TERMS OF USE, PRIVACY POLICY AND DISCLAIMER

INDEX:

1. TERMS OF USE

2. PRIVACY POLICY & PERSONAL DATA

3. YOUR ACCOUNT

4. COOKIES

5. PRODUCT AND SERVICE INFORMATION

6. PERSONAL USE OF PRODUCTS

7. SALE IN INDIA ONLY

8. PRICING INFORMATION

9. TAXES

11. CANCELLATION, REFUNDS, RETURNS

12. MODE OF PAYMENT

13. SHIPPING AND DELIVERY

14. RISK OF LOSS

15. INTELLECTUAL PROPERTY RIGHTS

16. LIMITED LICENSE

17. REPRESENTATIONS AND WARRANTIES

18. LIMITATION OF LIABILITY

19. LINKING AND THIRD PARTY SITES

20. INDEMNITY

21. GOVERNING LAW

22. WEBSITE / PLATFORM SECURITY

23. ENTIRE AGREEMENT

24. FORCE MAJEURE

25. GENERAL PROVISION

26. DISCLAIMER

1. TERMS OF USE

Welcome to www.colognist.com (“Site” or “Colognist”). Colognist  is a registered brand wherein the trademark is owned by by Mr.Rajat Deepak PatankarBlacklotus Fragrances LLP (hereinafter referred to as “Firm” for brevity) has got exclusive licensed rights towards the use of the said brand in accordance with the terms of the license agreement. This website namely www.colognist .com is owned by the Firm, namely Blacklotus Fragrances LLP whereas the brand “Colognist” is managed as licensed owner by Blacklotus Fragrances LLP. The Firm, Blacklotus Fragrances LLP, is a firm formed under the provisions of the Limited Liability Partnership Act, 2008  having its registered office at Cypress Terraces, Uday Baug, Pune – 411013.  In the website the terms “we”, “us” and “our” refer to The “Colognist” brand which is managed and operated as licensed owner by Blacklotus Fragrances LLP. The Terms of Use govern your use of the website irrespective of the means of accessing our Platform / Website from any electronic device (mobile phone, laptop, tab etc.) and or software application (eg an iOS or Android application) including but not limited to all the products offered on the website / Platform but limited to the “Colognist”.
The Website/ Platform is only to be used for your personal non-commercial use and information. The Terms of Use are inclusive of the Terms and Conditions and all Policies which individually or jointly govern your use of the website / platform and any or all of the products and or features notwithstanding your omission, ignorance or negligence to read and or understand regardless of the medium of communication. ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING . If you do not agree to any of the terms enumerated in the Terms of Use or the Policies, please do not use the Platform.
The Firm (Blacklotus Fragrances LLP) reserves the unilateral right to add, amend, alter, modify, change, remove, delete any or whole of the particulars contained in the Terms of Use and or any of the Policies periodically or as necessitated, without notice to its users and in its sole discretion. Any changes to the existing Terms of Use or Policies, will be posted by the firm on its website with the new version of the Terms of Use or the Policies along with the updated date specified above wherein such changes shall be immediately effective from such posted date. Your continued use of the Platform following the modifications to the Terms of Use and Policies constitutes your acceptance of the modified Terms of Use and Policies whether you have read them. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site. The product, services and other policies, rules and regulations alongwith the Terms of Use form the complete contract and shall be a binding digital contract between you, the platform user and Colognist, within the meaning of the IT Act 2000 and the Indian Contract Act.

2. PRIVACY POLICY & PERSONAL DATA

This Privacy Policy outlines our approach to Data Protection and Privacy to fulfill its obligation under the applicable laws. We are committed to treating data privacy seriously and protecting your personal data and have accordingly formulated a Privacy Policy, to ensure that your personal information is sufficiently and well protected. We collect only essential data such as eg. your name, email id, address, date of birth, contact number, shipping address, bank accounts, credit card number and information, your general data from open source (other websites or platforms), including but not limited to technical data such as your IP address, location details etc. which may be used and stored by us. We keep the personal data we collect about you on our systems or with third parties for as long as it is required for the purposes as set out in the privacy policy and for legal or regulatory reasons. Your data will be used for specified purpose and we assure you that your privacy will be protected. In certain cases we may be required to share your data being legally bound or otherwise for completing a transaction or for operative purpose for you which you have provided your complete, total free consent with full knowledge and understanding.

Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Site. It is presumed from your use of the platform that you have read and accepted the Privacy Policy and agree to be bound by it and the Terms of Use. While using the platform you shall be responsible for maintaining confidentiality of your user name and password and activity that occur under it. If your information is found to be faulty, defective, in accurate, incomplete or of such nature then the Firm reserves it right to terminate your account, membership or any such suitable action it deems appropriate. This Privacy Policy shall be regularly reviewed and periodically updated on this platform. It’s your responsibility to re-visit this page and check for any changes or updates.

3. YOUR ACCOUNT

This Site is directed to be used by adults only. We assume that any minor, if at all, accessing our Site is under the supervision of their guardians. The Firm does not collect information from minors. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature

If you are accessing, browsing, and using the Site on someone else’s behalf; you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Site resulting from such access or use of the Site in whatsoever nature

We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in the Firm’s best interests to do so. You are solely responsible for all contents that you upload, post, email or otherwise transmit via the Site. The information provided to us shall be maintained by us in accordance with our Privacy Policy.

4.COOKIES

We use cookies for better user experience and facilitating quick and friendly interaction of the website / Platform. Below is the detailed Cookies Policy:

a. What are Cookies

Cookies are small pieces of data, stored in text files, that are stored on your computer or other device when websites are loaded in a browser. They are widely used to “remember” you and your preferences, either for a single visit (through a “session cookie”) or for multiple repeat visits (using a “persistent cookie”). They ensure a consistent and efficient experience for visitors, and perform essential functions such as allowing users to register and remain logged in. Cookies may be set by the site that you are visiting (known as “first party cookies”), or by third parties, such as those who serve content or provide advertising or analytics services on the website (“third party cookies”).Both websites and HTML emails may also contain other tracking technologies such as “web beacons” or “pixels.” These are typically small transparent images that provide us with statistics, for similar purposes as cookies. They are often used in conjunction with cookies, though they are not stored on your computer in the same way. As a result, if you disable cookies, web beacons may still load, but their functionality will be restricted.

b. How we use cookies

We use cookies for several different purposes. Some cookies are necessary for technical reasons; some enable a personalized experience for both visitors and registered users; and some allow the display of advertising from selected third party networks. Some of these cookies may be set when a page is loaded, or when a visitor takes a particular action (clicking the “like” or “follow” button on a post, for example).

Many of the cookies we use are only set if you are a registered user (so you don’t have to log in every time, for example), while others are set whenever you visit our website, irrespective of whether you have an account.

c. Social Media Third Party Cookies

To enrich our website content, sometimes we may embed video content from other social media websites such as YouTube or Facebook.   As a result, when you visit a page with content embedded, you may be presented with cookies from these websites.  The Firm  has no control or liability over these cookies set, so you should check the relevant third party’s cookie policy for more information.

d. Controlling Cookies

Visitors may wish to restrict the use of cookies or completely prevent them from being set. Most browsers provide for ways to control cookie behavior such as the length of time they are stored – either through built-in functionality or by utilizing third party plugins. If you disable cookies, please be aware that some of the features of our service may not function correctly.

To find out more on how to manage and delete cookies, visit www.allaboutcookies.org.

5. PRODUCT & SERVICES INFORMATION

The Firm attempts to be as accurate as possible in the description of the product on the Website. However, we at Blacklotus Fragrances LLP  do not warrant that the product description, color, information or other content of the Website is accurate, complete, reliable, current or error-free. The Site may contain typographical errors or inaccuracies and may not be complete. The product pictures are indicative and may not match the actual product.

The Firm endeavors to ensure the accuracy of the information accessed via our Site, however the content of our Site is provided for general information only. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, about the accuracy, timeliness or completeness of any information or material on our Site.

The Firm reserves the right to correct, change or update information, errors, inaccuracies, or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies, or omissions may also relate to pricing and availability of the product or services.

6. PERSONAL USE OF PRODUCTS

The products and services available on the Platform, and the samples, if any, that Platform may provide you, are for your personal use only. The products or services, or samples thereof, which you may receive from us, shall not be sold or resold for any/commercial reasons.

In case any products purchased / received / availed causes side effects or doesn’t suit you, please note that the Firm (Blacklotus Fragrances LLP) is in no manner responsible for any manufactural side-effects and the manufacturer of the product shall be solely responsible for such side effects and consumer complaints. You should carefully read the individual terms and conditions in relation to the products and consult a specialist before the use of the same.

7. SALE IN INDIA ONLY

Unless otherwise specified, the material on the Website/Platform is presented solely for the purpose of sale in India. Blacklotus Fragrances LLP makes no representation that materials on the Website/Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access Website/Platform from other locations/Countries other than India may do so on their own initiative and we at Blacklotus Fragrances LLP are not liable and responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

8. PRICING INFORMATION

All Prices quoted on our website are in Indian Rupees and inclusive of all the taxes at appropriate rates.
We cannot confirm the price of the product until you make the order. There maybe a difference in product prices when/while you had visited the site and at the time of actual purchase / making of order. The Prices of products displayed are subject to change, i.e. increase or decrease and you agree to be bound by the price that shall be displayed at the actual time of making the order.
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES PROVIDED OR OFFERED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF THE FIRM (BLACKLOTUS FRAGRANCES LLP). In the event, the firm is unable to deliver the product to you on time or at all, you will be notified by an e-mail and your order will be automatically canceled due to unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. Colognist shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.

9. TAXES

Product prices shall ideally be inclusive of taxes however the prices and pricing policy may be revised at any time as required and necessitated unilaterally by the firm (Blacklotus Fragrances LLP) without any intimation and communication to you which you specifically agreed and confirm. Change in tax rates shall affect prices of products and your orders are subject to revised prices on account of change in taxes.

10. TERMS OF PURCHASE

We maintain sufficient stock of all our products. However, in certain cases we may run out of stock and products may not be available as displayed on our website portal. All orders shall be subject to the availability of products. In case the products are unavailable or cannot be made available the orders shall be canceled and a refund shall be initiated in accordance with our refund policy.

Note that under normal circumstances ORDERS ONCE PLACED CANNOT BE CANCELED BY YOU. CANCELLATION OF ORDERS SHALL BE PERMITTED IN CERTAIN CASES ONLY WHERE PRODUCT DELIVERY / DISPATCH HAS NOT BEEN EFFECTUATED AT THE SOLE DISCRETION OF THE FIRM. NOTWITHSTANDING ANY ASSURANCE / GUARANTEE BY THE FIRM ALL CANCELLATIONS AND REFUNDS SHALL BE VALID ONLY IF THEY ARE IN TOTAL COMPLIANCE WITH THE CANCELLATION AND REFUNDS POLICY. BLACK LOTUS FRAGRANCE LLP EXCLUSIVELY RESERVES THE RIGHT OF CANCELLATION OF ANY ORDER FOR WHATEVER REASON TO ISELF ONLY AND NONE ELSE.a

11. CANCELLATIONS, REFUNDS AND RETURNS

a. The Firm specifically states that if for any reason order placed needs to be canceled then it may be done so by sending a written mail to [email protected] within 24 hours of such order or before the order being executed for delivery / dispatch by the firm. The mail shall be address to the aforesaid mail id with Subject stating “Cancel Request – Order Number…”. Upon receiving of mail the firm may or may not accept the request for cancellation depending upon the order status. In case the firm is able to accept your request then a confirmation mail shall be sent your mail id and refund shall be processed accordingly. Save as provided hereinabove, No Order shall be canceled in any other manner and for any other reason and refunds processed, at the sole and exclusive discretion of Blacklotus Fragrances

b. Our products are delivered through professional delivery agencies with very good packing. It shall be your responsibility to verify that the product delivered to you is in good condition and not damaged or broken in any manner at the time of delivery. You may reject the product if its damaged or broken only before accepting delivery. Once delivery is accepted we at Blacklotus Fragrances LLP shall not be liable or responsible in any manner for broken and or damaged products and we shall not accept cancellation of orders and refund requests. To ensure safety of your products you may opt for a delivery insurance on your products which shall be additionally charged and is not a part of product price displayed.

c. Where orders are not placed or confirmed and due to technical defects or reasons the payments are processed, such amounts shall be refunded after verifying within 12 working days to the same account from whom payment was tendered and no other account but subject to deduction of transaction charges/bank charges via NEFT only.

d. Where orders cannot be delivered or shipped / courier is not possible for any reason, refunds shall be made after verifying within 12 working days to the same account from whom payment was tendered subject to deduction of transaction charges / bank charges via NEFT only.

e. Where orders are canceled due to non-availability of the product by the firm, refunds shall be made after verifying within 12 working days to the same account from which payment was tendered subject to deduction of transaction charges / bank charges

f. Products once shipped/couriered and or delivered cannot be returned. Cancellation requests must be by written mail as per clause a above and receiving of mail after goods are shipped or couriered shall not be permitted. Good shall be deemed to be shipped / couriered once intimation is send by the firm to its concerned partner.

g. For goods received in any damaged / broken condition the client must immediately before accepting delivery inform / intimate to the firm or may reject / refuse to accept delivery. You must immediately intimate the firm by sending a mail to [email protected]tus.co.in. Such damaged or broken product shall be inspected by our firm’s team. If we are satisfied that the product has been damaged / tampered / broken during transportation / delivery only then we shall consider firstly to replace the product. In certain cases we may require you to re-send the damaged / broken product to our office by courier for inspection and such return delivery / courier cost shall be borne by you. Upon satisfaction of product being genuinely damaged / broken / tampered during transit / delivery / transportation we shall consider replacing the product and where replacement may not be possible / feasible then refund such amount without any interest for any period. Refund shall be only of the product cost and non-inclusive of delivery, shipping cost, insurance cost and taxes.

h. Where goods are purchased as cash on delivery and for reason are subsequently approved for replacement then, first replacement maybe made and in case of refund, the same shall be made by NEFT transfer only. We don’t make cash refunds even if products are purchased by you with “Cash” delivery option.

i. All refunds shall be made after reasonable inspection and satisfaction for fault location and as a last resort with first priority being replacement of product and refund a last option. Refund is a option and not a binding obligation upon Blacklotus Fragrances

j. It is declared that if the products received upon shipment / courier are damaged / broken then only we may be intimated in manner set forth above. Taking picture / videos of damaged / broken products and posting them on any social media sight or newspaper or publicizing it in any manner electronically, print media or verbally is strictly prohibited. Any one indulging in such action shall be liable for appropriate legal action and in such cases no refund / replacement shall be processed.

k. All refunds shall ideally be processed within 12 days via NEFT only but we don’t guarantee or assure of the same and there may be delays in certain cases for which we shall not be liable in any manner.

12. MODE OF PAYMENTNS

Payments for the products available on the Site may be made in the following ways:

  • Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, and reward points.
  • Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.
  • Cash On Delivery option is available, however rejection of orders shall not be permitted for any reason except if products are broken / damaged.

13. SHIPPING AND DELIVERY

We at Blacklotus Fragrances LLP strive to deliver products purchased from our platform in an excellent condition and in the quickest time possible. Once our system processes your order, your products are inspected thoroughly to ensure they are in a perfect condition. We package our products in good quality boxes, which ensure adequate protection. After they pass through the quality check, they are packed and handed over to our trusted delivery partner.

Our delivery partners then bring the package to you within the quickest time possible. Delivery time depends upon place of product delivery and may vary. In case, they are unable to reach your provided address or at a suitable time, they will contact you to resolve the issue. Delivery of the products is done by a professional third party and thus you shall be bound to follow the rules and regulations of such  third party. Once the order is finalized and the goods are dispatched you will receive an automated email confirming the dispatch of your goods. The goods should be delivered to you within three (3) to six (6) working days under normal circumstances and under special circumstances may take more time for which we shall not be responsbile. The shipping cost is not included in the price of goods and shall be charged additionally depending upon the place of delivery. However the cost shall be displayed in each case prior to finalizing and closing of the order.

Currently we are catering only to our Indian Clients and we do not offer delivery of any of our products / services out of India.

In case of force majeure situation where we are unable to deliver for any period of time, the firm reserves its exclusive right to deliver upon cessation of such situation or to terminate the order and or refund the amount within such reasonable time as we deem appropriate.

14. RISK OF LOSS

All items purchased from the website are made pursuant to a shipment contract. This means that with risk of loss and title for such items pass to you upon our delivery to the carrier. Black lotus Fragrances LLP shall not be liable or accountable for the risk of loss or any breakage/damage during transit and delivery.

15. INTELLECTUAL PROPERTY RIGHTS

COLOGNIST IS A REGISTERED TRADEMARK UNDER THE TRADEMARKS ACT IN INDIA. BLACKLOTUS FRAGRANCE LLP BY VIRTUE OF REGISTERED LICENSED AGREEMENT IS THE LICENSED OWNER OPERATING THE BRAND COLOGNIST. ALL INTELLECTUAL PROPRIETARY RIGHTS ARE OWNED BY COLOGNIST AND ASSIGNED TO BLACKLOTUS FRAGRANCE LLP.

The “Colognist” name and logo and all related product and service names, design marks and slogans are the trademarks, logos, or service marks (hereinafter referred to as “Marks”) of Colognist licensed to Blacklotus Fragrances LLP. No trademark or service mark license is granted to you or anyone except Blacklotus Fragrances LLP, in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of COLOGNIST or others, are the intellectual property of their respective owners, and neither COLOGNIST nor BLACKLOTUS FRAGRANCES LLP shall be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.

The Firm and its suppliers and licensors expressly and exclusively reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Site, including its looks and feel. The compilation (meaning the collection, arrangement and assembly) of the content on the Site is the exclusive property of COLOGNIST and are protected by the Indian Trademarks and Copyright laws. Consequently, the materials on this Site shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial 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, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, 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. We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. The Contents and software on this Site are to be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on this Site is strictly prohibited. Unless the firm and or COLOGNIST explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed and/or other intellectual property owned, controlled or licensed by COLOGNIST and none else.

16. LIMITED LICENSE

BLACKLOTUS FRAGRANCE LLP grants you limited, non-exclusive, nontransferable, non-sublicensable license to access, and make personal and non-commercial use of the Site. All rights not expressly granted to you in these Terms of Use and our other policies are reserved and retained by the Colognist and Blacklotus Fragrance LLP.

BLACKLOTUS FRAGRANCE LLP reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Site and to block and prevent your future access to the Site.

17. REPRESENTATIONS AND WARRANTIES

The Website is provided without any guarantees or warranties and in an “As In” condition. Neither we nor our holding, subsidiaries, affiliates, partners, or licensors make any representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site or any of the content, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose.

We make no representations regarding the use of or the result of the use/depiction of the Contents on the Site in terms of their correctness, accuracy, reliability, or otherwise. The Website may provide content from other website or internet sources, while we try to ensure the material or content provided is reputable and of high quality, we do not assure you that such content will be correct and accurate and we do not accept responsibility for any such information directly or indirectly. We at Blacklotus Fragrance LLP shall not be liable for any loss suffered in any manner by the user as a result of depending directly or indirectly on the depiction of the Content on this Site.

You acknowledge that this Site is provided only on the basis set out in the Terms of Use. Your uninterrupted access or use of this Site on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability, or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Site. Notwithstanding anything to the contrary, the firm shall have the absolute right with respect to the website, regarding change, amendment, alteration and or discontinuation or any other related action, of any aspect or feature of the website.

The postings on the Site or on social networking sites, including the Site’s like Facebook page, or any information provided over chat or e-mails exchanged with the firm, its employees or representatives (collectively referred to as “Information “) is not intended to constitute a personal medical suggestion or be used for any medical diagnosis or treatment. For any specific medical conditions or issues, users are advised to seek opinions from a certified medical practitioner. In the event, any user relies on the Information provided by us directly or indirectly we shall not be responsible, and users shall be personally liable for use of our products at their own risk. We assure users our products are tested and adhere to safety standards unless used irresponsibly for which we are not liable in any manner. We at Blacklotus Fragrance LLP are not responsible for an incident, accident, or event which may cause harm or injury to the health or property of any person or living being, which may be caused directly or indirectly due to our product/s usage or storage.
For any general information posted on the Site, users must not infer or assume that such information necessarily applies to them.

18. LIMITATION OF LIABILITY:

In no event shall Blacklotus Fragrances LLP be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

a. the use or the inability to use the Services or Products

b. unauthorized access to or alteration of the user’s transmissions or data

c. breach of condition, representations, or warranties by the manufacturer of the Products

any other matter relating to the services including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Platform or Service. The firm shall not be held responsible for non-availability of the website/platform during periodic maintenance operations or any unplanned suspension of access to the website/platform. The User understands and agrees that any material and/or data downloaded at or form our website / platform (Blacklotus Fragrances LLP) is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile, any electronic device and or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, the firms liability shall be limited to an amount equal to the Products purchase value bought by You. The firm (Blacklotus Fragrances LLP) shall not be liable for any dispute or disagreement between Users.

19. LINKING AND THIRD PARTY SITES

References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you. This does not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between the firm and those third parties.

The Firm (Blacklotus Fragrances LLP) 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 link to any such third party websites, you do so entirely at your own risk. The firm does not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Site. We shall not be responsible for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit via the Site.

20. INDIMITY

You shall agree to defend, indemnify and hold harmless the firm (Blacklotus Fragrances LLP), its employees, owner/s, directors, licensors, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim, damages, liabilities, losses, costs and or expenses and demand, or actions including any attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms of Use, Privacy Policy and or any other Policies, or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party directly or indirectly.

21. GOVERNING LAW AND JURISDICTION

The Terms of Use and all other Policies shall be construed in accordance with the applicable laws of India and in particular laws of Maharashtra State. All disputes shall be expressly resolved by Arbitration except where the Act Prohibits or where the subject matter cannot be arbitrated upon as per laws of India.

Any dispute or difference either in interpretation or otherwise, of the Terms of Use and or any other Policies on the Site/Platform, between the parties (Firm and Users) hereto, shall be referred for Arbitration. Sole Arbitrator shall be appointed by the firm (Blacklotus Fragrances LLP) and in case of dispute the parties shall adopt and follow the procedure as given in the Arbitration and Conciliation Act 2019.

Notwithstanding anything contrary to the above and without prejudice to generality of the above provisions the firm shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential data and or information or to preserve the status quo pending the arbitration proceedings. The Injunction relief shall be binding until the matter is finally decided by Arbitration. The seat and venue of Arbitration shall be Pune, and the applicable law shall be the Indian Arbitration and Concilaition Act 2019.

For disputes relating to orders outside India, International arbitration rules of Indian Arbitration and Conciliation Act 2019 shall apply. The seat and venue of international arbitration shall be Pune.

22. WEBSITE / PLATFORM SECURITY

You are prohibited from violating or attempting to violate the security of the Website/Platform, including, without limitation:

  • Accessing data not intended for you or logging onto a server or an account which you are not authorized to access ;
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  • Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website/Platform, overloading, ‘flooding,’ ‘spamming’, ‘mail bombing’ or ‘crashing;’
  • Sending unsolicited email, including promotions and/or advertising of products or services; or Forging any IP packet header or any part of the header information in any email or newsgroup posting.

 

 

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website/Platform or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from the firm (Blacklotus Fragrance LLP) on this Website/Platform and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer, Chrome).

23. ENTIRE AGREEMENT

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Blacklotus Fragrances LLP with respect to the www.colognist.com website/platform services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and www.colognist.com with respect to our website maintained by Blacklotus Fragrances LLP. A failure to act on our part, the firm (Blacklotus Fragrances LLP), with respect to a breach by you or others does not constitute a waiver of our right and we shall have a right to act with respect to subsequent or similar breaches at any time.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty, disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Notwithstanding anything to the contrary in the Terms of Use and Policy, this shall constitute the entire agreement and except that part of the provision which may become unenforceable, the remainder shall be valid binding legal agreement enforceable in its entirety.

24. FORCE MAJEURE

In no event shall the firm i.e. Blacklotus Fragrances LLP and or Colognist be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; lockouts; labor unrest, epidemics; pandemics; riots; power failures; computer failure; shortage of material supply; breakdowns or malfunctions; and any such circumstances beyond the reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; acts of civil or military authority; governmental actions; and any such circumstances shall be construed as force majeure. The firm (Blacklotus Fragrances LLP) shall intimate you at the earliest possible time in case of the force majeure clause being operative. During the operation of the force majeure, the clause of Arbitration shall stand terminated. If for any reason the firm (Blacklotus Fragrances LLP) cannot full its obligation on account of force majeure then they shall try to find a way to refund you within a reasonable time but it shall not be binding and we shall not be liable for any claim of compensation, damages, loss of profit or use, or any claim of whatsoever nature to which you (User) expressly unconditionally consent..

25. GENERAL

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, affiliation, joint venture, or another form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation. If you have any questions regarding these Terms and Conditions, please email us @ [email protected]

26. DISCLAIMER

Please read this disclaimer carefully before using the website/platform operated by Blacklotus Fragrances LLP. All the intellectual property rights of this website/platform, including its contents, belong to Blacklotus Fragrances LLP, and the right to operate and sell for the brand Colognist is exclusively owned by Blacklotus Fragrances LLP. While all our products are quality tested, we do not provide any quality certificate and assurance and no complaints on account of quality shall be entertained. We do not certify that our products are fit for you or your body type and you must consult a physician or qualified professional before use of our products for your personal safety. You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering any transactions through our website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services, and related graphics are provided as is, without warranty or guarantee of any kind, and policies are subject to change without notice. Orders once placed cannot be canceled except at the sole discretion of Blacklotus Fragrances LLP. We are not bound and do not assure to provide an exchange for products damaged during transit/shipping/delivery and we take no responsibility for the same.