Refunds are provided for cancellation / return of products, subject to the eligible cancellation/ return as per Return Policy or these terms and conditions, initiated in accordance with the Return or Cancellation Policy. Given the same, the refunds would be initiated as under:

Time period for refund – Refunds are normally processed within 1-6 working days after the completion of quality checks of product returned and further depends on various banking and payment channels. Interest charged by the bank providing the EMI Scheme till the time the request for return or cancellation is raised will not be refunded. We are not responsible for any errors or delays in refund due to banks or third party service provider errors or delays.

Time period for refund – The mode of refund of payments cannot be changed at any stage as the refund amount is transferred to the your source account. Refunds are paid back to the source of payment. Refund for payments made by modes other than Cash on Delivery, which fail when processed back to source may be refunded by National Electronic Funds Transfer (“NEFT”) to your bank account. Refund of orders placed using Cash on Delivery as the payment method will be made by cheque or demand draft or to your bank account via NEFT or to your wallet account depending on our discretion. You will be required to update the bank account number and IFSC code to enable us to process a refund to User Account. Refunds cannot be processed to third-party accounts, i.e. the name provided in the User Account should match with the name of the bank account holder provided for refund via NEFT. A refund initiation confirmation by email or SMS at the email address or mobile number provided to us will be sent to you. All refunds by cheque will be in form of “at par” cheques or via online transfer; basis our sole discretion.

Terminated Payment Mode -If the original payment method you used to make the payment (credit or debit card or net banking) is no longer valid, we will issue the refund through a cheque. When we receive a payment failure notice from your bank, we will send you an email asking you to contact us. Basis the communication with you, the cheque may be issued to the address mentioned by you to proceed with the refund.

You explicitly give your consent to receive communications (by SMS, email or other mode of communication) sent to you by us. However, you may withdraw your consent any time at your sole discretion.

LIABILITY –

Unless otherwise indicated expressly in these Conditions, our liability regarding any product purchased or received or acquired on our website shall be limited strictly to the price of the said product.

Due to the open nature of this website and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of this website, unless otherwise indicated expressly on this website.

All product descriptions, information and materials shown on this website are provided “as is”, with no express or implied warranties on the same, except those legally established. In this sense, if the Users are contracting as a consumer or user, we are obliged to deliver goods that are in conformity with the contract, being liable to the User for any lack of conformity which exists at the time of delivery. It is understood that the goods are in conformity with the contract if they: (i) comply with the description given by us and possess the qualities that we have presented on this website; (ii) are fit for the purposes for which goods of this kind are normally used; (iii) show the quality and performance which are normal in goods of the same type and which can reasonably be expected. To the extent permitted by law, we exclude all warranties, except those that may not be excluded legitimately.

FORUSBALA Limited shall not be responsible for any direct, indirect, consequential, actual, monetary, incidental etc. or any other kind of damages or losses to the customer or user of the products purchased or acquired through this Website, except the refund of the amount of purchase price of the goods/ products purchased or acquired through this Website.

INTELLECTUAL PROPERTY –

The User recognises and agrees that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the website belong to FORUSBALA at all times or to those who grant FORUSBALA the license for their use. The User may use said material only to the extent that FORUSBALA or the usage licencers authorise expressly. This does not prevent the User from using this website to the extent necessary to copy the information on the User’s order or contact details.

VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS –

The User must not make undue use of this Website by intentionally introducing viruses, worms, logic bombs or any other software or technologically damaging or harmful material. The User shall not attempt to make unauthorised access to this Website, the server on which the site is hosted or any server, computer or database related to our Website. The User undertakes not to attack this website through any attack of denial of service or an attack of distributed denial of service. Failure to comply with this Clause shall be considered an infraction as defined under the applicable regulations. We will report any failure to comply with this regulation to the corresponding authorities and we will co-operate with them to determine the identity of the attacker. Likewise, in the event of failure to comply with this Clause, authorisation to use this Website shall be suspended immediately. We shall not be held liable for any damage or harm resulting from a denial of service attack, virus or any other software or technologically damaging or harmful material that may affect the User’s computer, IT equipment, data or materials as a result of using this website or downloading content from the same or those to which this site redirects the User.

LINKS FROM OUR WEBSITE –

If our website contains links to other websites and third-party materials, said links are provided for information purposes only and we have no control whatever over the content of those websites or materials. Accordingly, we shall not accept any liability for any damage or harm deriving from their use.

FORCE MAJEURE –

Notwithstanding anything contained in these Conditions or elsewhere, FORUSBALA shall not be held responsible for performance of its obligations or for any loss, damage to User if such loss, damage is attributable to a Force Majeure Event. A “Force Majeure Event” means any event that is beyond FORUSBALA’s  control and anticipation, including, without limitation, fire, flood, explosion, natural calamity, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, terrorist attacks, war, acts of government, lockdowns, pandemic, epidemic, legal or statutory orders, including, orders, notifications, circulars etc. issued by Government/ statutory authorities, court orders, inability to use public or private telecommunication systems, power failure, sabotage, computer hacking, unauthorised access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption encryption or any event which affects the ability of FORUSBALA to fulfil its obligations under these Terms and Conditions.

It shall be understood that our obligations deriving from contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. Notwithstanding anything contained herein, FORUSBALA Limited shall not be responsible or liable to the customer or user for non-delivery or non-refund or for any of its obligations during the Force Majeure Event. However, FORUSBALA would make all reasonable efforts and endeavor to fulfill its obligations or to find a solution that enables us to fulfil its obligations by virtue of the contract despite the situation of Force Majeure.

INDEMNITY –

The User  agrees to indemnify and hold harmless, FORUSBALA including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners from and against all actions, proceedings, claims, losses, damages and costs (including attorney fees) and other expenses suffered or incurred due to or attributable to or arising out of (i) violation of any applicable law (ii) breach of any representations, warranties or covenants of the User (iii) breach of the policies, guidelines and conditions of FORUSBALA’s service or Additional terms or these Conditions or Data Protection Policies (including any modifications or additional notifications or instructions); (iv) infringement of any third party rights. This Clause survives the conclusion or cancellation of transaction on the Website or the removal or termination of these Conditions.

TERMINATION –

FORUSBALA reserves the right to terminate the services provided to any User without prior notice in the event of any default committed by User including but not limited to the breach of any applicable law, policies, guidelines and conditions of FORUSBALA’s service or additional terms or these Conditions or the Data Protection Policy (including any modifications thereto or additional notifications or instructions).  On such termination, the User’s information and other details shall be black listed by the Website and shall be taken into consideration whenever necessary. FORUSBALA will terminate the services provided to any User if it is required under any applicable law.  Without prejudice, FORUSBALA reserves its right to terminate the services if such provision of services to the users is not economically viable for FORUSBALA. Users may choose to discontinue availing services and facilities provided through the Website by closing the User Account with the Website.

On termination of the User Account, the User is not eligible to purchase products through the Website. Once the User’s Account is terminated for any reason whatsoever, the contents, reviews, comments or other material posted on the Website by the User shall be removed by FORUSBALA.

Post conclusion or cancellation of a transaction or termination of the services provided to the User through the Website, the User’s personal information would reside in the Website’s database for a certain period of time. It is also clarified that certain terms and conditions of the policies, guidelines and conditions of FORUSBALA’s service or additional terms or these Conditions and the Privacy Policy continue to be binding on the User and if any User by default or otherwise is found using or dealing with the Website post termination of the service provided through the Website, FORUSBALA shall have the rightto take appropriate actions against the User. The User shall also be liable to compensate FORUSBALA for any unauthorized use of the Website.

MISCELLANEOUS

LOCATION BASED SERVICES – Basis the permission granted by the User in respect of tracking the location, our Website may use the information from Global Positioning System (GPS) networks, cellular, Wi-Fi or Bluetooth to determine the User’s approximate location to provide the User, location based Services.

WAIVING RIGHTS – The lack of requirement on our part for strict compliance on User’s part with any of the obligations assumed by User by virtue of a contract or of these Conditions or a lack of exercising on our part of the rights or actions that correspond to us by virtue of this contract or of the Conditions shall not constitute the waiving or limitation of said rights or actions, nor exonerate the User from fulfilling said obligations. The waiving on our part of a specific right or action shall not constitute the waiving of other rights or actions derived from the contract or from the Conditions. The waiving on our part of any of these Conditions or of the rights or actions derived from the contract shall not take effect unless expressly stipulated that it is a waiving of rights and is formalised and notified to the User. Any delay or waiver of right or remedy by FORUSBALA under these Terms and Conditions shall not constitute a waiver of any other or further rights and remedies and shall not prevent FORUSBALA in exercising those rights and remedies subsequently. Any waiver of rights or remedies by FORUSBALA shall be in writing.

ENTIRE CONTRACT – These Conditions and any document referenced in the same constitute the Entire Contract between the Parties as regards the purpose of the same, replacing any previous pact, agreement or promise made between the Parties verbally or in writing. The Parties acknowledge that we have agreed to enter into the Contract without depending on any declaration or promise made by the other Party or that could have been inferred from any statement or document in the negotiations entered into by the two Parties prior to said Contract, except those expressly mentioned in these Conditions.

Neither Party shall take any action regarding any untrue statement made by the other Party, verbally or in writing, prior to the date of the Contract (unless said untrue statement was made fraudulently). The only action that may be taken by the other Party shall be due to breach of contract in accordance with the provisions of these Conditions.

SEVERABILITY – Each of the provisions in these Conditions are severable and distinct from the others and if at any time one or more such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Conditions shall not in any way be affected or impaired thereby.

PARTIAL INVALIDITY – If any provision of these Conditions is held to be illegal, invalid, or unenforceable under any present or future applicable Indian law, (i) such provision will be fully severable; (ii) these Conditions will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (iii) the remaining provisions of these Conditions will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.

ASSIGNMENT – The User shall not assign its rights or obligations under these Terms and the Privacy Policy to a third party.

FORUSBALA in its discretion has the right to assign and transfer any or all of its rights, benefits and obligations under these Terms and Conditions or a transaction transacted through the Website, to any person.

FORUSBALA including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall have no liability for the non-receipt of the Website’s service messages and notices.

GOVERNING LAW AND JURISDICTION –

For any grievances/ comments / feedback / suggestions / queries, the User may write to us. The coordinates are mentioned below:

Name: ForusBala

Email Address : care@forusbala.com

Contact No:

GRIEVANCE, COMMENTS, FEEDBACK AND SUGGESTIONS –

The Terms and Conditions, usage of the Website and Privacy Policy of this agreement shall be governed by Indian law and the courts in Mumbai shall only have exclusive jurisdiction in the event of any disputes.