This agreement applies as between you, the Purchaser or User of this Webstore, and Ensarc Inc, the owner(s) of this Webstore. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Webstore. If you do not agree to be bound by these Terms and Conditions, you should stop using the Webstore immediately.
No part of this Webstore is intended to constitute a contractual offer capable of acceptance. The Purchaser’s order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to the Purchaser indicating that the order has been fulfilled and has been dispatched.
1. Definitions and Interpretation
In this Agreement the under-mentioned terms shall have the following meanings:
“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Webstore;
“Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Webstore;
“Goods” means any products that Trendsetrz advertises and / or makes available for sale through this Webstore;
“Payment Information” means any details required for the purchase of Goods from this Webstore. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
“Purchaser” means any customer (person or business) that buys Goods from Trendsetrz from this Webstore;
“Premises” means our place(s) of business located at https://www.Trendsetrz.com;
“Service” means collectively any online facilities, tools, services or information that Trendsetrz makes available through the Webstore either now or in the future;
“System” means any online communications infrastructure that Trendsetrz makes available through the Webstore either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“Trendsetrz” denotes https://www.trendsetrz.com;
“User” / “Users” means any third party that accesses the Webstore and is not employed by Trendsetrz and acting in the course of their employment; and
“Webstore” means the Webstore that you are currently using (https://www.trendsetrz.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Business Customers
These Terms and Conditions apply to business customers also.
3. International Customers
If Goods are being ordered and/or needs to be procured from outside Ensarc’s country of residence, import duties and taxes may be incurred once the Goods reach their destination. Ensarc is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If a Purchaser buying internationally, they are advised to contact their local customs authorities for further details on costs and procedures. The Purchaser of the Goods will also be the importer of record and as such should ensure that the purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Ensarc gives no guarantee that the packaging of the Goods will be free of signs of tampering.
4. Intellectual Property
4.1: Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Webstore, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code, and software is the property of Ensarc, our affiliates or other relevant third parties. By continuing to use the Webstore you acknowledge that such material is protected by applicable International intellectual property and other laws.
4.2: Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Webstore unless otherwise indicated on the Webstore or unless given express written permission to do so by Trendsetrz.
5. Third Party Intellectual Property
5.1: Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
5.2: Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Webstore or unless given express written permission to do so by the relevant manufacturer or supplier.
6. Fair Use of Intellectual Property
Material from the Webstore may be re-used without written permission where any of the exceptions detailed in International intellectual property and other laws.
7. Links to Other Webstores
This Webstore may contain links to other sites. Unless expressly stated, these sites are not under the control of Trendsetrz or that of our affiliates. We assume no responsibility for the content of such Webstores and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Webstore does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this Webstore
Those wishing to place a link to this Webstore on other sites may do so only to the home page of the site https://www.trendsetrz.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Ensarc. To find out more please contact us by email at [email protected].
9. Use of Communications Facilities
9.1: When using the enquiry form or any other System on the Webstore you should do so in accordance with the following rules:
9.1.1: Obscene or vulgar language must not be used;
9.1.2: Content that is unlawful or otherwise objectionable must not be submitted. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3: Content that is intended to promote or incite violence must not be submitted;
9.1.4: It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
9.1.5: The means by which Users identify themselves must not violate these Terms and Conditions or any applicable laws;
9.1.6: Users must not impersonate other people, particularly employees and representatives of Trendsetrz or our affiliates; and
9.1.7: Our System must not be used for unauthorized mass-communication such as “spam” or “junk mail”.
9.2: You acknowledge that Trendsetrz reserves the right to monitor any and all communications made to us or using our System.
9.3: You acknowledge that Trendsetrz may retain copies of any and all communications made to us or using our System.
9.4: You acknowledge that any information you send to us through our System or post using the Contact Us form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
10. Optional Tools
10.1: We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
10.2: You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability, whatsoever, arising from or relating to your use of optional third-party tools.
10.3: Any use by you of optional tools offered through the Webstore is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
10.4: We may also, in the future, offer new services and/or features through the Webstore (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
11.1: In order to purchase Goods on this Webstore and to use the enquiry facilities Users are required to create an Account which will contain certain personal details and Payment Information which may vary based upon a User’s use of the Webstore as we may not require payment information until a purchase is to be made. By continuing to use this Webstore you represent and warrant that:
11.1.1: All information you submit is accurate and truthful;
11.1.2: If you are buying on behalf of your employers, you have the authority to submit Payment Information where any such authority is required; and
11.1.3: You will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
11.2: It is recommended that you do not share your Account details, particularly your username and password. Trendsetrz accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
11.3: If you have reason to believe that your Account details have been obtained by another without consent, you should contact Trendsetrz immediately to suspend your Account and cancel any unauthorized purchases that may be pending. Please be aware that purchases can only be canceled until they are dispatched. In the event that an unauthorized purchase is dispatched prior to your notifying us of the unauthorized nature of the purchase, Trendsetrz accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
11.4: When choosing a username Users are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
12. Right to Refuse, Accuracy of Billing and Account Information
12.1: 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.
12.2: 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. For more detail, please review our Return Policy.
13. User Comments, Feedback, and Other Submissions
13.1: If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
13.2: 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.
13.3: 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.
14. Errors, Inaccuracies, and Omissions
14.1: Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
14.2: We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
15. Prohibited Use
In addition to other prohibitions as set forth in these Terms and Conditions, you are prohibited from using the Webstore 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.
You agree to indemnify, defend and hold harmless Trendsetrz and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
17. Termination and Cancellation
17.1: Either Trendsetrz or a User may terminate an Account. If Trendsetrz terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
17.2: Trendsetrz reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
17.3: If purchases are canceled for any reason prior to dispatch Purchasers will be refunded any monies paid in relation to those purchases.
17.4: If a User terminates their Account any non-dispatched purchases will be cancelled and a full refund of any monies paid in relation to those purchases will be paid through the payment method used when the Goods were purchased.
18.1: Any and all invoices are due for payment on the date shown on the invoice, unless alternative arrangements have been agreed between the Purchaser and Trendsetrz.
18.2: Interest will be charged on a daily basis for any overdue payments, commercial interest at 8% above the base rate of the Banks obtaining at the time.
19. Goods, Pricing and Availability
19.1: Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Trendsetrz correspond to the actual Goods, Trendsetrz is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether.
19.2: Where appropriate, you may be required to select the required [size] [model] [color] [number] [shipped from] [other features] of the Goods that you are purchasing.
19.3: Trendsetrz does not represent or warrant that such Goods will be available. Stock indications may not be accurate at all times due to updation or other technical reasons.
19.4: All pricing information on the Webstore is correct at the time of going online. Trendsetrz reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every 30 Days.
19.5: In the event that prices are changed during the period between an order being placed for Goods and Trendsetrz processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
19.6: All prices on the Webstore product page DO NOT include GST.
20. Property, Risk and Account of Profits
20.1: Title in Goods will not pass to the Purchaser until the full purchase price for those Goods has been received by Trendsetrz. Title remains with Trendsetrz until payment is complete.
20.2: If the Purchaser sells the Goods on to its own customers in any form, either as purchased from Trendsetrz or forming a component part of a larger Good, and any amount of the purchase price payable to Trendsetrz remains outstanding, the Purchaser must account to Trendsetrz for the proceeds of such a sale. The Purchaser is then required to hold such proceeds on trust for Trendsetrz until payment has been received in full by Trendsetrz.
21.1: Trendsetrz will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery time in addition to any reasons for a delay in the delivery of the Goods purchased by you.
21.2: If Trendsetrz receives no communication from you, within 14 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
23. Changes to the Service and these Terms and Conditions
Trendsetrz reserves the right to change the Webstore, its Content or these Terms and Conditions at any time. Users and Purchasers will be bound by any changes to the Terms and Conditions from the first time the Webstore is used by them following the changes. If Trendsetrz is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by Purchasers in the future.
24. Availability of the Webstore
24.1: The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
24.2: Trendsetrz accepts no liability for any disruption or non-availability of the Webstore resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
25. Limitation of Liability
25.1: To the maximum extent permitted by law, Trendsetrz accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Webstore or any information contained therein. Users should be aware that they use the Webstore and its Content at their own risk.
25.2: Nothing in these Terms and Conditions excludes or restricts Ensarc’s liability for death or personal injury resulting from any negligence on the part of Ensarc.
25.3: Nothing in these Terms and Conditions excludes or restricts Ensarc’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Webstore.
25.4: Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
26. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
27. Previous Terms and Conditions
These Terms and Conditions and any policies or operating rules posted by us on this Webstore or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
28. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is strictly between you and Trendsetrz.
29.1: All notices / communications shall be given to us either by email to [email protected] Such notice will be deemed received if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
29.2: Trendsetrz may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in the email which you receive from us.
30. Law and Jurisdiction
These Terms and Conditions and the relationship between you and Trendsetrz shall be governed by and construed in accordance with the Law of India and Trendsetrz and you agree to submit to the exclusive jurisdiction of the Courts of India.
31. Force Majeure
Under no circumstances shall Trendsetrz be held liable for any delay or failure or disruption of the content or services delivered through the Webstore resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
32.1: Trendsetrz makes no warranty or representation that the Webstore will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
32.2: No part of this Webstore is intended to constitute advice and the Content of this Webstore should not be relied upon when making any decisions or taking any action of any kind.
32.3: No part of this Webstore is intended to constitute a contractual offer capable of acceptance.
32.4: Whilst Trendsetrz uses reasonable endeavors to ensure that the Webstore is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
32.5: Trendsetrz will not be responsible for the leakage of personal information caused by other sites linked to this site and any legal disputes and consequences resulting from the same.
32.6: Trendsetrz shall announce in advance if it is required to suspend its service for maintenance or upgrade of the system. Trendsetrz is not responsible for any inconvenience and loss during the suspension of service.
32.7: The Users and Purchasers of this Webstore shall be responsible for any consequences of the violation of the provisions of this statement.
32.8: Any issue not covered by this statement shall refer to relevant laws and regulations of India and the international law. When the statement is in conflict with the relevant laws and regulations, the national laws and regulations shall prevail.
Trendsetrz reserves the right to explain this statement in the scope of the law, and has the right to amend this statement at any time.