Terms of service
Welcome to itibygoodearth.com (“Website”). The domain name itibygoodearth.com is registered in the name of Ruar Himalaya Private (Pvt) Limited (Ltd), a Company registered under the Companies Act, 2013. Registered office: 3rd Floor, Select City Walk A-3 District Centre, Saket, New Delhi- 110017
Ruar Himalaya Pvt Ltd and/or its affiliates provide website features and other products and services to you when you visit or shop at itibygoodearth.com, use Ruar Himalaya Pvt Ltd products or services, or use software provided by Ruar Himalaya Pvt Ltd in connection with any of the foregoing.
Ruar Himalaya Pvt Ltd provides the Services subject to the following conditions. This user agreement (“Terms and Conditions” or “T&C” or “Terms” or “Agreement”) is between you (“you” or “End User” or “your” or “Buyer” or “Customer” or “Registered User”) and Ruar Himalaya Pvt Ltd (“Company” or “us” or “we” or “itibygoodearth.com”).
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. Notwithstanding anything contained or said in any other document, if there is a conflict between the terms mentioned herein below and any other document, the terms contained in the present T&C shall alone prevail for the purposes of usage of the Site.
WELCOME TO ITI BY GOOD EARTH
Ruar Himalaya Pvt Ltd provides the content and services available on this website to you subject to the following Terms and Conditions, our Privacy Policy, Payment Policy and other terms and conditions and policies which you may find throughout our website in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, “Terms and Conditions”).
RIGHT TO CHANGE
By accessing or using this website, you are acknowledging that you have read, understood, and you agree, without limitation or qualification, to be bound by these Terms and Conditions in this Agreement, so please read this carefully before proceeding.
Ruar Himalaya Pvt Ltd reserves the sole right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions every time you purchase products from us or use our website.
PRIVACY
We view protection of your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. If you object to our current Privacy Policy and your information being transferred or used in this way, please do not use the website.
ELECTRONIC COMMUNICATIONS
When you use any of our Services, or send e-mails to us, you are communicating with us electronically. By using our services, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through other Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The legal requirements would be in conformity with the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Ruar Himalaya Pvt Ltd owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Ruar Himalaya Pvt Ltd without obtaining authorisation from it.
User shall not upload or otherwise make available on the Site for any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Ruar Himalaya Pvt Ltd does not have any express burden or responsibility to provide the Users with indications, markings or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Site, User warrants that the owner of such material has expressly granted Ruar Himalaya Pvt Ltd the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other end user to access, view, store, or reproduce the material for that end user’s personal use. User hereby grants Ruar Himalaya Pvt Ltd the right to edit, copy, publish and distribute any material made available on the Site by the User.
TRADEMARKS
The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of Ruar Himalaya Pvt Ltd protected by copyright as a collective work under the applicable copyright laws. Ruar Himalaya Pvt Ltd owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print / save copyrighted material for the User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Ruar Himalaya Pvt Ltd and the copyright owner is permitted.
If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with Ruar Himalaya Pvt Ltd shall not be deemed to be in the public domain but rather the exclusive property of Ruar Himalaya Pvt Ltd, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Ruar Himalaya Pvt Ltd, unless otherwise stated.
INTELLECTUAL PROPERTY RIGHTS COMPLAINTS
Ruar Himalaya Pvt Ltd respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes any Intellectual Property Right infringement, please address a complaint to the ‘Customer Care’ by way of an email to care@itibygoodearth.com.
USER RESPONSIBILITY AND REGISTRATION OBLIGATIONS
If you use the Website as a Registered User, you agree that you are competent to contract within the meaning of the Indian Contract Act, 1872. Ruar Himalaya Pvt Ltd reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to its notice or if it is discovered that you are under the age of 18 years. You are solely responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter-alia, to provide true, accurate, current, and complete information about yourself as prompted by the Website registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, Ruar Himalaya Pvt Ltd has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
As a condition of purchase, the Site requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. You can opt-out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences. Please see our Privacy Policy for more details.
You undertake not to host, display, upload, modify, publish, transmit, update or share any information that: belongs to another person and to which you do not have any right; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable; harms minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; or threatens the unity, integrity, defence, security or sovereignty of India. In case you are found to be in violation of these conditions, you shall be solely responsible for all legal consequences thereof.
BILLING
The price of our merchandise as mentioned on itibygoodearth.com is the Maximum Retail Price (MRP) for the said product. Such MRP shall be inclusive of all local taxes as are applicable in India. Additional applicable taxes may be charged depending upon the destination where the order has to be shipped. Ruar Himalaya Pvt Ltd reserves the right to collect taxes and/or such other levy/duty/surcharge that it may have to incur. We may also charge Delivery Charges which may include postal/shipment charges as applicable.
CREDIT NOTE POLICY
- Credit Notes are only issued on our website and can be redeemed only on the website.
- To redeem a Credit Note against an online order, please login to the account associated with the customer in whose name and email address the credit note has been issued.
- Credit Note policies are subject to change at any time without prior notice.
ORDER CANCELLATION
Due to unavoidable circumstances, there may be times when certain orders, having been validly placed, may not be processed or capable of being dispatched. Ruar Himalaya Pvt Ltd reserves the exclusive right to refuse or cancel any order for any reason, including but not limited to limitations on quantities available, inaccuracies or errors in product or pricing information, or problems identified by our fraud avoidance department. We will contact you if all or any portion of your order is cancelled or if additional information is required. If your order is cancelled after your payment has been charged, the amount will be reversed to the source of payment within 30 working days. Any voucher used in a cancelled order shall be returned and made available to the user.
SHIPPING & PROCESSING FEE
Our shipping and processing charges are intended to compensate Ruar Himalaya Pvt Ltd for the cost of processing your order, handling and packing the products you purchase and delivering them to you. For further information, please refer to our Shipping & Payment Policy.
PAYMENT
While availing any of the payment methods offered by us, we are not responsible or liable of whatsoever nature in respect of any loss or damage arising directly or indirectly to you including but not limited to: (a) lack of authorisation for any transaction; (b) exceeding the preset limit mutually agreed by you and your Bank; (c) any payment issues arising out of the transaction; or (d) decline of transaction for any other reason.
All payments made against purchases on itibygoodearth.com shall be as against the MRP displayed on the website and shall be in terms of the third-party Online Payment Gateway Services as approved by Ruar Himalaya Pvt Ltd. Before shipping your order, we may request supporting documents (including but not limited to Government-issued ID and address proof) to establish the ownership of the payment instrument used.
Ruar Himalaya Pvt Ltd uses third-party payment gateways such as Razorpay/PayU/PayPal for processing payments. Ruar Himalaya Pvt Ltd does not store your card data on its servers. Our payment partners will only store your data if you have provided explicit consent, as per RBI regulations or as required by applicable law.
Our payment gateways adhere to standards set by PCI-DSS as managed by the PCI Security Standards Council. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more information, you may also read the Terms and Conditions of our payment gateway partners on their respective websites.
DELIVERY
Ruar Himalaya Pvt Ltd endeavors but does not guarantee delivery of products in the stipulated time period as mentioned on purchase of the product. In no manner can the contract be repudiated if Ruar Himalaya Pvt Ltd fails to deliver any one or more products in the stipulated time frame. However, if you fail to take delivery of the goods, Ruar Himalaya Pvt Ltd may at its discretion charge you for additional shipping costs.
RETURNS & EXCHANGES
Ruar Himalaya Pvt Ltd shall make all endeavors to deliver defect-free products to the purchasers. Any item purchased on our website does not qualify for return or exchange unless the product delivered is damaged or has manufacturing defects. The defective and/or damaged goods received shall be communicated to Ruar Himalaya Pvt Ltd within 48 hours of receipt. Any communication received after 48 hours of delivery shall not qualify for return or exchange. Ruar Himalaya Pvt Ltd holds the sole discretion to determine whether a return or exchange can be issued. For further information please read our Returns & Exchanges Policy.
PRODUCTS & DESCRIPTIONS
Products displayed on the Ruar Himalaya Pvt Ltd website are represented as accurately as possible. However, product descriptions, images, and shades shown on the website are for reference only. Ruar Himalaya Pvt Ltd does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product offered by Ruar Himalaya Pvt Ltd is not as described, your sole remedy is to contact Ruar Himalaya Pvt Ltd within 48 hours of receipt, and Ruar Himalaya Pvt Ltd reserves the right to provide a solution at its discretion.
Please note that colour results may vary depending on individual skin tone, lighting conditions, and device screen settings. Packaging may vary from images shown on the website. Ruar Himalaya Pvt Ltd reserves the right to modify or discontinue any product at any time without prior notice.
All products must be stored as directed on their packaging. Expiry dates printed on products must be strictly observed. Ruar Himalaya Pvt Ltd is not liable to issue any refunds or allow exchanges and/or returns arising solely from product description discrepancies.
PRODUCT COMPLIANCE
Products displayed/sold on the Ruar Himalaya Pvt Ltd website are manufactured/procured as per the applicable local laws of India and are in conformity with the required Indian industry standards.
PRODUCT PRICING DISCLAIMER
The prices displayed on our website may differ from prices available in stores. Prices shown on the website are subject to change without prior notice. These prices only reflect the MRP and do not include shipping and taxes which may be extra as applicable.
INACCURACY DISCLAIMER
From time to time there may be information on our website or in our catalog that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Ruar Himalaya Pvt Ltd reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
RESALE RESTRICTION
Products purchased on itibygoodearth.com are for personal use only. Unauthorised resale or commercial redistribution of our products is strictly prohibited. Ruar Himalaya Pvt Ltd reserves the right to cancel orders that it believes are placed for the purpose of resale or grey market distribution, and to take appropriate legal action in such cases.
WARRANTIES & LIABILITY
All information, content, materials, products and other services included on or otherwise made available to you by Ruar Himalaya Pvt Ltd are provided on an AS IS and AS AVAILABLE basis, unless otherwise specified in writing. Ruar Himalaya Pvt Ltd makes no representations or warranties of any kind, express or implied, as to the operation of the services, or the information, content, materials, products or other services included on or otherwise made available to you through Ruar Himalaya Pvt Ltd, unless otherwise specified in writing. You expressly agree that your use of the website is at your sole risk.
Ruar Himalaya Pvt Ltd does not warrant that this Website will be constantly available, or available at all, or that any information on this Website is complete, true, accurate or non-misleading.
Ruar Himalaya Pvt Ltd and ITI personal care products are based on natural and Ayurvedic formulations. Though enormous efforts are made and precautions taken to render the products safe for human use, it is possible that certain ingredients may cause allergic reactions to certain individuals or adversely affect individuals with pre-existing medical conditions. Please make yourself aware of the ingredients and usage instructions accompanying each of our products to make sure that they are safe for you to use. It will be your sole responsibility to take proper precaution or seek professional medical/dermatological advice before using any of our personal care products that you may be allergic to. You agree that Ruar Himalaya Pvt Ltd and ITI by Good Earth will not be responsible or liable for any product-related issues including without limitation any allergic reactions arising from usage of our products.
Ruar Himalaya Pvt Ltd will not be liable for any damages of any kind arising from the use of any service, or from any information, content, materials, products or other services included on or otherwise made available to you through the website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
INDEMNITY
You agree to indemnify and shall not hold Ruar Himalaya Pvt Ltd (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) liable for any claim or demand, including but not limited to reasonable attorneys’ fees, arising out of or related to your breach of this T&C, your violation of any law or the rights of a third party, or any damage to life and/or property caused by the products delivered.
BREACH
In the event you are found to be in breach of the Terms of Use or Privacy Policy, or if we are unable to verify or authenticate any information you provide, or if it is believed that your actions may cause legal liability for you, other users or us, we may without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website. Notwithstanding the foregoing, we reserve the right to recover any amounts due and to take strict legal action including referral to appropriate authorities.
SEVERABILITY
We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
WAIVER
The failure by Ruar Himalaya Pvt Ltd to enforce at any time or for any period any one or more of the terms or conditions of the Agreement shall not be a waiver of them or of the right at any time subsequent to enforce all Terms and Conditions of this agreement.
FORCE MAJEURE
Failure on the part of Ruar Himalaya Pvt Ltd to perform any of its obligations shall not entitle you to raise any claim against Ruar Himalaya Pvt Ltd to the extent that such failure arises from an event of Force Majeure. Force Majeure will include any war, civil commotion, strike, governmental action, lockout, accident, epidemic or any other event of any nature or kind whatsoever beyond the control of Ruar Himalaya Pvt Ltd that directly or indirectly hinders or prevents Ruar Himalaya Pvt Ltd from performing its obligations. You expressly agree that lack of funds shall not constitute an event of Force Majeure.
DISPUTE RESOLUTION
This agreement shall be construed and the legal relations between You and Ruar Himalaya Pvt Ltd shall be determined and governed according to the laws of India. If any dispute arises between You and Ruar Himalaya Pvt Ltd regarding Your use of the Website or Your dealing with Ruar Himalaya Pvt Ltd in relation to any activity on the Website, in connection with the validity, interpretation, implementation or breach of any provision of the Terms & Conditions and/or Privacy Policy, the dispute shall be subject to the exclusive jurisdiction of the Courts of New Delhi.
GRIEVANCE
Any grievances you have by way of use of the website can be addressed to the ‘Customer Care’ by way of email to care@itibygoodearth.com. Our team shall thereafter consider the same and provide a response within 10 days of the date of such complaint/grievance.
GOVERNING LAW
These Terms and Conditions shall be governed and construed in accordance with the laws of India. This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.