Please read this Agreement carefully. You are advised to regularly check for any amendments or updates to the Agreement from time to time. TCL may add to or change or update the Agreement, from time to time entirely at its own discretion. You are responsible for checking this Agreement periodically to remain in compliance with all the terms. Your use of the Site after any amendment to the Agreement shall constitute your acceptance of the terms and you also agree to be bound by any such changes/revisions.
Any clause of terms and conditions if deemed invalid, void or for any reason unenforceable, shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the terms and conditions.
"Site" means the Tata Swach online shopping platform owned and operated by Tata Chemicals Ltd, which provides a venue to the users to buy the products listed / displayed.
"User/You" means and includes any Customer / Buyer / You (the person or any legal entity) who accept the offer for sale of the TCL products, through 'Tata Swach' online sales platform by placing its order on this Site.
"Product/s" connotes the goods, services promoted / displayed on the Site and offered for any use / sale.
"Service/s" would mean and include shopping services of products offered for sale on the site.
" TCL " means Tata Chemicals Ltd.
This Website is a venue where Users may buy Tata Swach, its variants and spare parts. Therefore, TCL acts as a facilitator for such sale and all commercial / contractual terms are offered by and agreed to between buyers and TCL. The commercial / contractual terms include without limitation price, shipping costs, date, period, mode of delivery, warranties related to products and services including after sales services related to products and services, etc., over which TCL has complete control and the same may be subject to change.
The agreement between you and TCL is subject to the following terms and conditions :-
1. The User certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian.
2. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using these shopping services of TCL you agree to be bound by the Terms and Conditions.
3. All prices, unless indicated otherwise are in Indian Rupees inclusive of all taxes..
4. By indicating User's acceptance to purchase any product or service offered on the Site, user is obligated to complete such transactions. Users shall prohibit from indicating its acceptance to purchase products and services where it does not intend to complete such transactions.
5. User agrees that orders placed for the products on www.tataswach.com are not for resale.
6. Any order placed for a product that is listed at an incorrect price owing to technical reasons or otherwise may be cancelled. This shall be regardless of whether the order has been confirmed and/or payment levied. In the event the payment has been processed, the same shall be credited to your account and duly notified to you by email.
7. In a credit card transaction, you must use your own credit card. TCL will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on the User.
8. TCL is not responsible for non-delivery, unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted period and only for the available supply.
9. In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost towards re-delivery shall be claimed from the User placing the order.
10. Shipment/delivery time of order processing starts from the day of receipt of the payment on Delivery)confirmed against the order placed with TCL.The Shipment /Delivery time is an approximate time mentioned by TCL against each product. TCL shall not be liable for any delay / non-delivery of purchased goods by the flood, fire, wars, acts of God or any cause that is beyond the control of TCL.
11. Presently, the service(s) at the Site are being offered free of cost. However, TCL reserves the right to charge a fee for any or all such facilities.
12. The User agrees to use the services provided by TCL, its affiliates, consultants and contracted companies, for lawful purposes only.
13. The User agrees to provide authentic and true information. TCL reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation, such User details are found not to be true (wholly or partly), TCL would have the right in its sole discretion to reject the registration and debar the User from using the services available at this website, and / or other affiliated websites without prior intimation whatsoever.
14. TCL will not be responsible for any damage suffered by Users from use of the services on this Site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of TCL . This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
15. Intimation of damage, Partial delivery of Product needs to be reported within 3 days of receipt of the Product. Any intimation post 3 days of receipt will not be entertained by TCL.
16. All order/sub orders cancelled will be refunded as per the payment mode selected by User. TCL will bear no responsibility for any time delay in crediting the amount to the User.
17. Delivery of orders would be done address specific not person specific.
18. For reported defects on Products with TCL's warranty the customer needs to contact the relevant service centre of TCL - 18002585858. TCL shall not be held responsible for any refund claim made by the User in such a case .
19. Any loss of data or any such thing having financial implications in the process of placing the order by the user due to downtime of www.tataswach.com or payment gateway website is not the liability of TCL.
20. TCL reserves the right to cancel any order placed using Credit Card which holds an address where delivery is deemed difficult or impossible by the delivery agency.
21. Delivery charges may be levied on some Products displayed on the site .These charges shall are not refundable and shall be borne by the User.
Disclaimer of Warranties/Limitation Of Liability
User acknowledges that through this Site TCL does not warrant that the functions contained in this Site will be uninterrupted or error free, that defects will be corrected, or that this Site or the servers that make it available are free of viruses or other harmful components, but shall endeavour to ensure user fullest satisfaction.
In no event shall TCL be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Products and services; (b) the cost of procurement of substitute products and services; (c) unauthorized access to or alteration of the user's transmissions or data; (d) non-adherence of usage instructions/user manual; (e) 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 website.
TCL shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond TCL's control. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
You shall indemnify and hold harmless TCL and (as applicable) TCL's parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of this Agreement,
The User agrees that TCL may under certain circumstances and without prior notice, immediately terminate the User's user ID and access to the Website/Services. Causes for termination may include, but shall not be limited to requests by enforcement or government agencies, etc.
None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and TCL and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the User authorizes TCL and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed TCL and its agents as their agent for this purpose.
The Terms and Conditions, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.
The headings and sub-headings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Service or the right to use the Website by the User contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
Communication with Users
TCL reserves the right to communicate with Users regarding this site and User's use of this Site or any Product or service purchased by User on this site.
TCL shall have no liability to you for any interruption or delay, to access the Site irrespective of the cause.
If it is discovered what is believe by you to be a product defect for any Tata Swach-branded product, you must contact Tata Swach toll free customer care number at 1800-2585858. If your product would have a defect, the same may be covered under the terms of your product's warranty; which could be authenticated by referring to the warranty information and other supporting documentation that would have come with your product.
Intimation to company for defective product should be given within 3 days of receipt of product by user at place of delivery.
For outright Cancellations by you:
If TCL receives intimation of Product cancellation before the same has shipped, TCL shall refund the entire amount.
Cancellation, on User's request, will not be allowed once the ordered Products are dispatched from the warehouse / place of dispatch.