Introduction

The website www.espirituecuestre.com (referred to as the “Site”) is provided/operated by Espíritu Ecuestre, a sole proprietorship having PAN AIJPR0342M (referred to as “Espíritu Ecuestre”) as a service to our customers. Please review our Terms of Use and Privacy Policy (the “Terms”) that govern the use of the Site. Please note that the use of this Site constitutes an unconditional agreement to follow and be bound by these Terms. Although you may “bookmark” a particular portion of this Site and thereby bypass these Terms, your use of this Site still binds you to these Terms. Espíritu Ecuestre reserves the right to update or modify these Terms at any time without prior notice. For this reason, we recommend that you review these Terms whenever you use this Site.

Use

This Site is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving Espíritu Ecuestre’s goods and services and/or to otherwise transact business with or contact Espíritu Ecuestre, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). No information concerning the transactional preferences of an individual customer (whether such customer is a person or an entity) can be entered, altered, modified or otherwise affected, by any third party on behalf of such individual customer. Use of the Site is available only to persons who can form legally binding contracts under Indian Contract Act, 1872.

By accepting these Terms through your use of this Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Espíritu Ecuestre does not knowingly collect personal information about children under the age of 13 without prior parental consent. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.

Registration

To use some of the services or features made available to you on this Site, you will need to register. When you register, you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address: support@espirituecuestre.com. We may also change registration requirements from time to time.

The account password you provide should be unique and kept secure, and you must notify Espíritu Ecuestre immediately of any breach of security or unauthorized use of your account.

Please refer to our Privacy Policy for information about how we use your data.

Purchase and Methods of Payment

The prices of products and shipping costs on the Site are indicated in INR. Espíritu Ecuestre reserves the right to modify the prices of products offered on the Site at any time without prior notice. You will be charged the prices displayed on the Site at the time your order was confirmed, provided, the goods ordered were available at that time. However, Espíritu Ecuestre reserves the right not to accept or to cancel your order if the products are not available, are incorrectly priced or are otherwise incorrectly described. Espíritu Ecuestre shall not be liable in case of stock outage or unavailability or delay of products. Espíritu Ecuestre reserves the right to change at any time and without notice the items proposed on the Site.

You are required to pay for any order placed immediately upon confirmation of your order, via the payment gateway Instamojo. We only accept payment by credit card or debit card. Using the payment gateway implies your acceptance of its terms of use provided at https://www.instamojo.com/terms/

Instamojo uses 128-bit SSL Encryption. Payment is processed on PCI-DSS compliant servers.

All orders are payable in INR. We accept all verified Visa and Mastercard debit cards and credit cards. Your order will only be dispatched once we have verified your payment method and received authorization to process your payment.

Purchase Availability

Instructions about the availability of products are provided at the time of the ordering. At times, errors may exist, especially in case of simultaneous orders of the same product by several purchasers. In the case of unavailability of a product after ordering, you will be informed by email or by phone as soon as possible, and it will be proposed to you either to order another item shown on the Site in substitution or to cancel your order.

A lead time of approx 1-3 days for delivery may be kept in mind .We try our best to ship your items at the earliest. Items should reach you within 7 days.

Espíritu Ecuestre shall not be liable in case of stock outage or unavailability or delay of products. Espíritu Ecuestre reserves the right to change at any time and without notice the items proposed on the Site.

Purchase – Order Confirmation

At the end of the ordering procedure, you are invited to click on the Pay button, at which time your order will be transmitted for processing and may not be amended or cancelled by you, except pursuant to the conditions provided in the Terms or as per applicable law. The confirmation of your order means your acceptance of the Terms and conditions of sale.

You will receive an order summary. Notwithstanding anything contained in the Terms or otherwise, Espíritu Ecuestre reserves the right not to accept or to cancel your order if the products are not available, are incorrectly priced or are otherwise incorrectly described.

Return Policy

Should you find a product to be defective or damaged, please write to us at: support@espirituecuestre.com with details, within 2 days from receipt of the product.

You may return any defective product ordered on the Site for an exchange within 10 calendar days from the delivery date. Returned products must be in their original condition and packaging, together with their purchase invoice. The returned product may be exchanged for another available product of the same or lesser value. In case of the latter, there will be no refund or credit of the balance amount.

Espíritu Ecuestre is not responsible for returned items that are lost in the mail. Hence, it is recommended that you avail of the delivery confirmation service at the time of returns.

Espíritu Ecuestre has sole discretion in determining whether the products are in the original condition when returned.

Exactness Not Guaranteed

Products may vary slightly from images shown. There may be marginal differences in size, colour, shape, etc. between two similar products. Exactness is not guaranteed.

Site Security

You are prohibited from violating or attempting to violate the security of this Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, “overloading”, “flooding”, “spamming”, “mailbombing” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/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. Espíritu Ecuestre will investigate occurrences that may involve such violations and may involve, 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 Site or any activity being conducted on this Site. 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 Site other than the search engine and search agents available from Espíritu Ecuestre on this Site and other than generally available third party web browsers (e.g., Netscape Navigator or Microsoft Explorer).

Copyright & Trademark

All content, graphics, code and software used on or incorporated into this Site, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to the Site/ Espíritu Ecuestre, and all rights thereto are specifically reserved. Permission is granted to electronically copy and print hard copies of pages from this Site solely for personal, non-commercial purposes related to the placement of an order or shopping with Espíritu Ecuestre. All software used on this Site is the property of Espíritu Ecuestre or its suppliers and protected by Indian and international copyright laws. The content and software on this Site may be used only as a shopping resource. Any other use of this Site or content or information contained in this Site is strictly prohibited, unless the written permission of Espíritu Ecuestre is first obtained.

The Site, as well as page headers, custom graphics, buttons, images and other content on this Site, are subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by Espíritu Ecuestre. Other trademarks, product names and company names or logos used on this Site are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from this Site is strictly prohibited.

Comments

All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Espíritu Ecuestre on or through this Site, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with the use of this Site (collectively, the “Comments“) are the personal opinions of the authors and do not reflect the views of Espíritu Ecuestre. By posting Comments you grant Espíritu Ecuestre a royalty-free, irrevocable, transferable right and license to use the Comments however Espíritu Ecuestre desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world. You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy 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 malware that could in any way affect the operation of this Site.

Third Party Sites

References on this 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 and do not in any way constitute or imply Espíritu Ecuestre’s endorsement, sponsorship or recommendation of the third party, its information, products or services. Espíritu Ecuestre is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. You need to make your own independent decisions regarding your interactions or communications with any other website.

No Waiver

If you breach the Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms.

Disclaimer

This Site may contain typographical errors or inaccuracies and may not be complete or current. Espíritu Ecuestre therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

This Site, and any information or content on this Site, are provided “as is,” with all faults. Espíritu Ecuestre makes no representations or warranties of any kind, whether express or implied, with respect to this Site or content or information available on or through this Site. Except as otherwise provided under applicable laws, neither Espíritu Ecuestre nor its corporate affiliates, nor the directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable for any damages whatsoever arising out of or related to the use of this Site or any other website linked to this Site. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if Espíritu Ecuestre is notified in advance of the potential for any such damages.

By making a purchase from this Site, you understand and agree that Espíritu Ecuestre may share information about you and your transaction with other companies for the purpose of processing your transaction, including fraud prevention, vendor direct shipping and credit card authorization.

Limitation of Liability

Neither Espíritu Ecuestre nor any of its affiliates, employees, directors, officers, agents, vendors or suppliers shall be liable to you or any other person, whether in Tort, Contract, Strict Liability or otherwise, for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use or inability to use this Site, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of search results, or computer failure or malfunction. In no event will Espíritu Ecuestre be liable for any damages in excess of the price/cost paid by you in connection with your purchase on this Site.

Indemnification

You agree to defend, indemnify and hold harmless Espíritu Ecuestre and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site or any breach by you of these Terms.

Governing Law & Dispute Resolution

The Terms shall be governed by and is to be construed in accordance with the law of India, without giving effect to its conflict of law provisions.

Where a dispute arises, the parties involved shall make all reasonable efforts to resolve the dispute through good faith negotiations. If efforts to amicably resolve any dispute or claim between the parties are unsuccessful, then such dispute or claim arising out of or in connection with the Terms, including any question regarding its existence, validity or termination, shall be referred to arbitration under the Arbitration & Conciliation Act, 1996. Espíritu Ecuestre shall appoint a sole arbitrator within 7 days of the opposite party receiving a notice for arbitration. All proceedings shall be conducted in English and the venue for arbitration shall be Mumbai.