Terms & Conditions


The Website Owner, including subsidiaries and affiliates (“www.theoryofeden.com” or “Theory of Eden” or “we” or “us” or “our”) provides the information contained on the website or any of the pages comprising the website (“website”) to visitors (“visitors”) (cumulatively referred to as “you” or “your” or “user” hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of the website.

Terms & Conditions 

Welcome to www.theoryofeden.com. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern www.theoryofeden.com's relationship with you in relation to this website.

The domain name www.theoryofeden.com (hereinafter referred to as "Website") is owned by CerulEden Retail LLP, an LLP incorporated under the laws of India with its registered office in Alipore, Kolkata, West Bengal (hereinafter referred to as “Theory of Eden, "Us" "Our” or “We”).

The use of this website is subject to the following terms of use:

GENERAL

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • You may not create a link to this website from another website or document without CerulEden Retail LLP's prior written consent.
  • You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within thirty (30) days after such claim or cause of action arose or be forever barred and no complaints will be entertained after the expiry of above mentioned time period.
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of India or other regulatory authority.
  • When placing an order or creating an account, you agree to be contacted by way of phone calls, e-mails, text messages and/or whatsapp messages. These messages will be limited to promotions and/or updates about your orders. We will never reveal your personal information to any third party (other than the courier delivering your order).
 

PRODUCT

  • This Website offers for sale certain products (the "Products"). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
  • You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by us.
  • All Products listed on this website are inclusive of taxes for delivery in India.
  • Products offering customization will take longer to be dispatched and delivered. You may not upload any text for customization that is offensive.
 

MEMBERSHIP

  • Use of this Website is available for persons over the age of 18. If you are under the age of 18 but over the age of 13, you may use this Website only under the supervision of a parent or legal guardian.
  • You also agree to the following conditions when you register an account on this Website or use this Website - 
  1. To provide true, accurate, current and complete information about yourself as prompted by our registration form or guest details form (Registration Data).
  2. To maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if we have reasonable grounds to suspect that such information is untrue, inaccurate, and not current or not in accordance with this agreement, we have the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Website.
  3. That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost reasonably incurred by us for return or redelivery shall be claimed from you and you shall be liable to pay such costs.
  4. That you will use the services and products provided by us, our affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the website.
  5. You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using this portal and or other affiliated websites without prior intimation whatsoever.
  6. That you are accessing the services and products available on this portal and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this portal that the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
  7. That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale and invitation of offer included in the item's description.
  8. That by signing up on this website you give us your explicit permission to contact you using your e-mail address or phone number via call, text or whatsapp. 

 

PAYMENT

  • Orders: Please note that completion of the online checkout process does not constitute our acceptance of your order. Our acceptance of your order will take place only when we dispatch the product(s) or commencement of the services that you ordered from us. If you supplied us with your email address when entering your payment details (or if you have a registered account with us), we will notify you by email within two working days to confirm that we have received your order, and confirm tentative shipping or delivery dates. All products that you order through the portal will remain the property of Theory of Eden until we have received payment in full from you for those products. During the checkout process, you will be asked to complete your payment details. All fields indicated as compulsory must be completed. Please note that we will collect and store your information, using an encrypted secure technology and will only use your information in accordance with our Privacy Policy and Terms of Use.
  • Payment: We offer the following methods of payment for your order: credit or debit card, net banking and cash-on-delivery (COD. All card payments are through an encrypted secure mechanism subject to authorisation by your card issuer and we take payment when we accept your order shortly before dispatch. If your payment is not received and you have already received the products you ordered from us, you must pay for the products or return those products to us in accordance with reasonable return instructions that we provide to you and in the same condition that you received them at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect or arrange for collection of the products at your expense.
  • Financial: You agree, understand and confirm that the card details or other financial details provided by you for availing of our services and Products are correct and accurate and you shall not use any card or financial facility which is not lawfully owned / obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank and not stored by us; hence we are not liable for any card frauds. The liability for the fraudulent use of a card will be on you and the onus to 'prove otherwise' shall also be exclusively on you. All information collected by us shall be governed as per our Privacy Policy and Terms of Use.
  • Cash-on-delivery: Cash on Delivery (COD) is accepted as mode of payment on orders under Rs. 5,000. COD shipments can be delivered to certain pin codes in India at an extra charge of Rs. 60 and is irrespective of order value. Where payment is by way of COD, your order, once verified and confirmed, will be processed for shipment within the time specified from the date of confirmation. You will be required to make a cash payment to our Courier Partner only at the time of delivery of your order but without opening the package. Please note that payment by way of cheque, demand draft, e-gift vouchers or the like will not be entertained or accepted. We may contact you in case of COD payments to confirm the order and address by way of e-mail and/or phone.
 

SHIPMENT AND DELIVERY

  • All first time orders, we will only deliver to the address which is the same as the billing address.
  • Please refer to the “Shipment and Delivery” page on this Website for more terms and conditions on the same.
 

RETURNS, REFUNDS AND CANCELLATIONS

  •  Please refer to the “Returns, Refunds and Cancellations” page on this Website for our terms and conditions on the same.
 

INTELLECTUAL PROPERTY

  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the images, logos, design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
  • By posting, storing, or transmitting any content on the Website and it’s social media affliates (including but not limited to any Blog, Facebook, Twitter, Instagram, Pinterest), you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. We do not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. We are not liable for any damage or harm resulting from any posts by or interactions between users. We reserve the right, but have no obligation, to monitor interactions between and among users of the Website and to remove any content we deem objectionable, in our sole discretion. 
 

LIABILITY

  • OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
  • WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
  • SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
 

INDEMINIFICATION

  • You will release, indemnify, defend and hold harmless CerulEden Retail LLP and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assignees from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to us. When we are threatened with suit or sued by a third party, We may seek written assurances from you concerning your promise to indemnify us; your failure to provide such assurances may be considered by us to be a material breach of this Agreement. We will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of our choice at its expense. We will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend us against any claim, but you must receive our prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.