Terms & Conditions

Fertheal website(s) (our “Site” or “Sites”) and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our Sites (collectively, the “TOS”). Please read the TOS carefully before placing any orders on https://fertheal.com/. We recommend you should keep a copy of the TOS for future reference.

In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. If you are under 18 you must let your parent or guardian know about Fertheal India Pvt Ltd Privacy Policy before you register to use this Site or any of this Site’s services. We reserve the right to only accept orders from those over 18 however.

We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

INTRODUCTION

https://fertheal.com/ is owned and operated by Fertheal India Pvt Ltd. All business-to-consumer and e-commerce activities of Fertheal India Pvt Ltd and its subsidiaries are conducted by Fertheal India Pvt Ltd. Any contract you enter into through the Website will be with Fertheal India Pvt Ltd Responsibility for liability, however arising, in relation to this Website rests solely and exclusively with Fertheal India Pvt Ltd. Access is provided to this Website in accordance with the conditions set out here below. Any use of this Website including orders placed by you will be subject to these Conditions.

DEFINITION

“Conditions” means these terms and conditions of use herein described;

“Content” means all content available on the Website, including, but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof.

“Dispatch Note” means the document enclosed with Your order that lists all of the goods that We have sent to You;

“Force Majeure” shall mean any Act of God, war, riot, civil disturbance, labor disturbance, terrorism, fire, storm or flood; Act, restriction, regulation, bye-law, prohibition or measure of any kind on the part of any governmental, parliamentary or local authority; Import or export regulation or embargo; Strike, industrial dispute, government-imposed regulations, curfews, or lockdowns; Explosion, power outage, breakdown, or unavailability of plant, property, and/or machinery; or; any other cause beyond Our reasonable control;

“Fertheal India Pvt Ltd/We/Us/Our/Ourselves” means (Company Name);

“Order Acceptance Policy” means the terms governing the acknowledgment and acceptance of Your order;

“Return Acceptance Policy” means the terms governing the acknowledgment and acceptance of Your return request

“Personal Information” means the details provided by you;

“Purchaser” means an individual who enters into a contract to purchase goods or services from Us;

“Product” means a product displayed for sale on the Website;

“Product Description” means that part of the Website where certain Qualitative & Quantitative information in respect of the individual Product are provided;

Recipient(s)” means the person or persons to whom the Purchaser stipulates the goods should be shipped;

“Returns Slip” means the document that You should complete and return with any Products that You return to Us;

“Trade Marks” means the trademarks, logos, and service marks displayed on the Website;

“Website” means fertheal.com

“You/Your/Yours/Yourself” means you, a user of the Website.

“Order Booking No.” means the unique, system-generated number that refers to

“Content” means any word, sentence, paragraph, numeric character, picture, video, hyperlink published on https://fertheal.com/

III. USE OF WEBSITE

3.1 ACCESS

You are provided with access to the Website in accordance with these Conditions and any orders placed by You are placed strictly in accordance with these Conditions.

3.2 REGISTRATION

You warrant that the Personal Information which You provide when You register as a customer is true, accurate, current, and complete in all respects and in particular You agree not to impersonate any other person or entity or to use a false name or a name that You are not authorized to use.

You agree to notify us immediately of any changes to Your Personal Information by contacting 0ur web customer services team by e-mail at (info@fertheal.com) or by calling on 9625622077.

3.3. INDEMNITY

You agree to fully indemnify, defend and hold Us, and Our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by You or any other liabilities arising out of Your use of this Website, or the use by any other person accessing the Website using Your shopping account and/or Your Personal Information.

3.4. OUR RIGHTS

We reserve the right to:

Modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to You and confirm that We shall not be liable to You or any third party for any modification to or withdrawal of the Website; and/or Change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then You must immediately stop using the Website.

3.5. PRIVACY

We respect your concerns about privacy. We, therefore, encourage you to refer to the Privacy Policy of the Website on an ongoing basis to stay abreast of our most current Privacy Policy practices.

PAYMENTS

4.1 ORDER ACCEPTANCE

All orders are subject to acceptance in accordance with Our Order Acceptance Policy. If you have provided Us with a valid e-mail address, we will send You an order acknowledgment e-mail detailing the Products You have ordered. This is not an order confirmation or order acceptance from Us. Our acceptance of your order will take place upon dispatch of the Product(s) ordered. On dispatch of your order, we will send You an order confirmation e-mail. Please refer to the Order Cancellations & Amendment section of our Conditions for further information.

Non-acceptance of an order may be a result of one of the following:

The product You ordered is unavailable from stock • Our inability to obtain authorization for payment or a problem receiving Your payment • The identification of a pricing or Product description error • Your failing to meet the eligibility to order criteria as set out in the Conditions

If there are any problems with your order, you will be contacted by Our web customer services team as soon as possible.

We reserve the right to reject any offer to purchase by you at any time.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of Your order and payment secure, but in the absence of negligence on Our part We cannot be held liable for any loss You may suffer if a third party procures unauthorized access to any data You provide.

All Products shown on the Website are subject to availability.

4.2. CONTRACT CREATION AND ELECTRONIC CONTRACTING

The technical steps required creating the contract between you and Us are as follows: You place the order for Your Product(s) on the Website by clicking the Make Payment on the Payment page of the checkout process.

You will be guided through the process of placing an order by a series of simple instructions on the Website.

Your goods will be despatched according to the delivery option you have selected during the checkout process on the Website.

We will send you an order acknowledgment e-mail detailing the Products You have ordered. This is not an order confirmation or order acceptance from us.

If you do require any information regarding orders You have placed with Us, please Contact Us on getaid@fertheal.com

4.3. ORDER CANCELLATION & RETURN

Please see our Return Policy for further details on Cancellation & Return.

4.4. PAYMENT

With regard to any contract for the purchase of Products from Our Website the breakup of all prices and delivery charges are inclusive of GST (where applicable) and shipping charges & Local and International Taxes as set out in the Shipping Details page of the website at the current rates and are correct at the time of entering Your order onto Our system. The total cost of your order is the price of the Products ordered plus local and international taxes as applicable plus delivery charges as set out in the Delivery section of the Website. Payments can be made by any of the methods listed below and payment will be debited and cleared from your account.

“Which methods of payment do you accept online?

We accept the following Credit/Debit cards in payment for purchases made online:

MasterCard, Visa, Visa Delta, Maestro, Solo, Electron and American Express and Net Banking and Cash on Delivery.

You confirm that the credit or debit that is being used is Yours. All credit and debit cards are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorize payment to Us, we will not be liable for any delay or non-deliver. All payment transactions are subject to Risk Management Clearance test performed by our third-party payment gateway provider.

4.5. REFUSAL OF TRANSACTION

With regard to any contract for the purchase of Products from Our Website We reserve the right to withdraw any Products from the Website at any time and/or remove or edit any materials or content on the Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at Our sole and unfettered discretion. We will notify you if we do not accept Your order. We will not be liable to you or any third party by reason of:

Our withdrawing any Product from the Website whether or not that Product has been ordered.

Removing or editing any materials or content on the Website.

Refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

4.6. ELIGIBILITY TO ORDER

To be eligible to purchase Products on this Website and lawfully enter into and form a contract with Us under English law You must:

When creating an order provide Your real name, phone number, e-mail address, payment details and other requested information;

Stipulate a delivery address in India or elsewhere in the world. Please note that PO Box numbers, BFPO addresses, mail forwarding addresses and temporary residence addresses are not acceptable;

Possess a valid credit or debit card issued by a bank acceptable to Us;

By making an offer to buy a Product, you specifically authorize Us to transmit information (including any updated information) or to obtain information about You from third parties from time to time, including but not limited to Your debit or credit card number or credit reports, to authenticate Your identity, to validate Your debit or credit card, to obtain an initial debit or credit card authorization and to authorize individual purchase transactions.

4.7. SHIPPING

Delivery options vary by product and service. Please refer to Our Shipping Policy for details.

4.8. RETURNS POLICY

Please refer to our Returns Policy for details.

DISCLAIMER

5.1. By using this website, you are accepting all the terms of this disclaimer notice. If you do not agree with anything in this notice you should not use this website.

5.2. The material contained on this Website has been prepared solely for the purpose of providing selected information about Fertheal India Pvt Ltd and its services.

5.3. Given the unpredictability of technology and the online environment, we do not warrant (either expressly or impliedly) that the function, operation or accessibility of the Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available will be free of viruses or other harmful elements. As a condition to become a visitor to and a user of the Website, you agree to these Conditions and that access is undertaken at Your own risk. We shall not be liable for damages of any kind related to Your use of or inability to access this site. We will not be responsible or liable to You for any loss of content or material uploaded or transmitted through the Website.

5.4. We have made every effort to display the Products featured on Our Website as accurately as possible. However, the colors We use, as well as the display and colour capabilities of your computer monitor, will greatly affect the colours you see on the screen. We cannot be held responsible for the limitations of technology and cannot guarantee that Your monitor’s display of any colour, texture, or detail of actual merchandise will be accurate.

5.5. We endeavor to present the most recent, most accurate, and most reliable information on Our Website at all times. However, we make no claims to its accuracy, either expressed or implied. There may be occasions when some of the information featured on Our Website may contain incomplete data, typographical errors or inaccuracies. Any errors are wholly unintentional and We apologize for any inconvenience that this might cause. We reserve the right to amend errors, make changes to Our Website or to update Product information at any time without prior notice and without any liability on Our part. To the fullest extent permitted by law, we disclaim all warranties, expressed or implied.

5.6. Certain (hypertext) links in this site may lead to other websites which are not under our control. When you activate any of these, you will leave the Website and we have no control over and will accept no responsibility or liability for the content, accuracy or any other aspects of any website that is not under Our control. The provision of a link is for your information and convenience only and does not imply an endorsement of any kind by Us.

5.7. While We take all reasonable care to ensure the integrity of the Website and the accuracy of the information contained in them We cannot accept any liability to any person for any loss or damage of any kind (whether or not We ought reasonably to have known of or had been advised of the possibility of the same) which may arise from the use of the Website or any of the materials or information contained in them and You use the Website at Your own risk.

5.8. We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on the Website at a particular time may not always reflect the position exactly at the moment You place an order. We cannot confirm the price of a Product until Your order is accepted in accordance with Our Order Acceptance Policy.

5.9. If You ask Us to include a gift message with any Product ordered through the Website, we will do our best to ensure that We accurately record your message and send it with the Product. However, we cannot accept any liability for any errors with the message or any failure to enclose the gift message with the Product. You undertake that any gift message you require Us to send will not be in any way racist, blasphemous, defamatory or otherwise offensive. We reserve the right to remove said messages from our deliveries.

5.10. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and We make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

5.11. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products.

5.12. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract and/or other representations or otherwise out of or in connection with the Conditions for:

any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or

any loss of goodwill or reputation; or

any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

You are advised to check/verify the information by calling our customer care or directly to hotline numbers.

5.13. We do not guarantee that any product sold on-line will be available in any of our stores or that the price quoted on-line will match that at any of our stores. If a product you want is sold out on-line it may be available in store. However, we recommend that you call your nearest store first before making a special journey to avoid disappointment.

5.14. We shall not be under any liability to You in the event of Our failure, delay or default in carrying out all or any of Our obligations under these Conditions due in whole or in part to an event of Force Majeure.

GENERAL

6.1. RESALE OF PRODUCT

You may not sell or re-sell any of the Products or services, and any samples thereof, you receive from Us.

6.2. UNAUTHORIZED USE OF DOMAIN NAME

From time to time, certain cyber squatters or other unauthorized persons may register in bad faith a confusingly similar domain name with the intention of taking unfair advantage of Fertheal India Pvt Ltd’s reputation and goodwill. The Fertheal India Pvt Ltd’s Website address on the Internet is https://fertheal.com/ Any other domain name that appears to represent itself as being a Fertheal India Pvt Ltd Website may not be related to Us and may represent an unlawful infringement of Our rights, reputation and goodwill.

6.3. INTELLECTUAL PROPERTY

The content of the Website is the property of Fertheal India Pvt Ltd, our affiliates, our partners or our licensors, and is protected by Indian copyright laws.

The Trademarks used on the Website are the registered and unregistered marks of Fertheal India Pvt Ltd, our affiliates, our licensors or Our partners, and are protected by Indian trademark laws. All other Trademarks not owned by Us, our affiliates, our partners or Our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Us.

You acknowledge and agree that the material and content contained within the Website is made available for Your personal non-commercial use only and that You may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited.

You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

6.4. COMPLIANCE WITH LAWS

This Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through Our Website.

6.5. SEVERABILITY

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

6.6. THIRD PARTY RIGHTS

It is agreed that any person who is not a party to any Contract between You and Us shall not be allowed to rely on or enforce any term.

6.7. WAIVER

No waiver by Us shall be construed as a waiver of any preceding or succeeding breach of any provision.

6.8. ENTIRE AGREEMENT

You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save in so far as the same has expressly been made a term of these Conditions and You agree that You shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these Conditions.

6.9. LAW

The Conditions shall be deemed to have concluded in Delhi, India and be governed by and construed in accordance with the laws of India and We and You irrevocably submit to the exclusive jurisdiction of the courts of Delhi.

6.10. CONTACT US

Any queries or comments should be directed to:

Fertheal India Pvt Ltd

Tel: 9625622077 E-mail: honestaid@fertheal.com

Working hours are 10 AM to 10 PM Monday – Sunday. We aim to respond promptly to all calls, faxes and e-mails received outside of these working hours on the following working day.

6.11. QUESTIONS

Questions regarding this Policy should be directed to the Head Office of Fertheal India Pvt Ltd as follows:

Fertheal India Pvt Ltd

Tel: 9625622077 E-mail: honestaid@fertheal.com