Terms and Conditions
TERMS OF SERVICE AGREEMENT LAST REVISION: [23-09-2019]
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement governs your use of this website, https://glimmerlightings.com, Glimmer Lightings by SWAR ENTERPRISE, offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Glimmer Lightings by SWAR ENTERPRISE reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Glimmer Lightings by SWAR ENTERPRISE will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Glimmer Lightings by SWAR ENTERPRISE encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Glimmer Lightings by SWAR ENTERPRISE for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.
User’s use of the Sites, any Content, and a, information provided by the User including user names and passwords, addresses, e-mail addresses, phone number, financial information (such as credit card numbers), information related transmitted in connection with the website is limited to the contemplated functionality of the Site. In no event may the Website be used in a manner that (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of Glimmer Lightings by SWAR ENTERPRISE (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) provides sensitive personal information unless specifically requested by Glimmer Lightings by SWAR ENTERPRISE, (d) includes spam or any unsolicited advertising; (e) uses technology or other means to access Content that is not authorized by Glimmer Lightings by SWAR ENTERPRISE; (f) uses or launches any automated system, including without limitation, “robots,” “spiders:, “offline readers:’ to access the content; (g) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (h) attempts to gain unauthorized access to Glimmer Lightings by SWAR ENTERPRISE’s computer network or user accounts; (i) encourages conduct that would constitute a criminal offense or that gives rise to civil liability; (j) violates these Terms; (k) attempts to damage, disable, overburden, or impair Glimmer Lightings by SWAR ENTERPRISE’s servers or networks; (I) impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; or (m) fails to comply with applicable third party terms (collectively “Acceptable Use”). Glimmer Lightings by SWAR ENTERPRISE reserves the right, in its sole discretion, to terminate any User License, terminate any User’s participation in the Sites, remove Content, or assert legal action with respect to Content or use of the Sites, that Glimmer Lightings by SWAR ENTERPRISE reasonably believes is or might be in violation of these Terms, or Glimmer Lightings by SWAR ENTERPRISE Terms and Conditions. Glimmer Lightings by SWAR ENTERPRISE‘s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
Terms of Sale.
By placing an order with us, you are (1) offering to purchase a product,(2) representing that you are of legal age to form a binding contract, and (3) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation constitute our acceptance of an order. We retain the right to refuse any order request made by you
Prior to our acceptance of an order, verification of information may be required. We reserve the right at any time after receipt of your order to accept, modify or decline your any portion thereof, even after your receipt of an order confirmation from us, for any reason whatsoever. We reserve the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, we shall have the right to refuse or cancel any placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is cancelled, we will credit your account in the amount of the incorrect price.
We do not warrant that product descriptions or other content on this Website is accurate, complete, reliable, current, or error-free. If a product offered on our Website is not as described, your sole remedy is to return it in unused condition as per our Returns & Exchange policy as per Clause IX here of.
Terms of Offer. This Website offers for glimmering lights. By placing an order for the said products through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct Glimmer Lightings by SWAR ENTERPRISE sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations Glimmer Lightings by SWAR ENTERPRISE and its designated in house or third party call team(s).
Opt Out Procedure: We provide 2 easy ways to opt out of from future solicitations. 1. You may use the opt out link found in any email solicitation that you may receive. 2. You may also choose to opt out, via sending your email address to: email@example.com.
Glimmer Lightings by SWAR ENTERPRISE has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Glimmer Lightings by SWAR ENTERPRISE. Glimmer Lightings by SWAR ENTERPRISE also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Social Media COPYRIGHTS. By posting any content like images, videos etc., on any social media website, you hereby grant Glimmer Lightings by SWAR ENTERPRISE 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. Glimmer Lightings by SWAR ENTERPRISE does have the ability to control the nature of the content and can offer it as a method of advertisement throughout the Website and other third party websites. You are solely responsible for your interactions with other users of the Website and any content you post. Glimmer Lightings by SWAR ENTERPRISE is not liable for any damage or harm resulting from any posts by or interactions for the advertisements.
If you purchase any Products, you will be responsible for paying any applicable sales tax.
Content; Intellectual Property; Third Party Links. In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about nutritional and dietary supplements. Glimmer Lightings by SWAR ENTERPRISE does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that Glimmer Lightings by SWAR ENTERPRISE does create the content on this Website, such content is protected by intellectual property laws of India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third party websites are provided solely as a convenience to you. Glimmer Lightings by SWAR ENTERPRISE does not endorse the contents of any such third-party websites. Glimmer Lightings by SWAR ENTERPRISE is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website; Glimmer Lightings by SWAR ENTERPRISE is not responsible for any damages resulting from the use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.
License. By using this Website, you are granted a limited, non-exclusive, nontransferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Glimmer Lightings by SWAR ENTERPRISE or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website, you hereby grant Glimmer Lightings by SWAR ENTERPRISE 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. Glimmer Lightings by SWAR ENTERPRISE does 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. Glimmer Lightings by SWAR ENTERPRISE is not liable for any damage or harm resulting from any posts by or interactions between users. Glimmer Lightings by SWAR ENTERPRISE reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Glimmer Lightings by SWAR ENTERPRISE deems objectionable, in MuscleUP Nutrition ‘s sole discretion.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Glimmer Lightings by SWAR ENTERPRISE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, the IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Glimmer Lightings by SWAR ENTERPRISE MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IV. LIMITATION OF LIABILITY
Glimmer Lightings by SWAR ENTERPRISE ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, 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.
Glimmer Lightings by SWAR ENTERPRISE 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.
You will release, indemnify, defend and hold harmless Glimmer Lightings by SWAR ENTERPRISE, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns 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 Glimmer Lightings by SWAR ENTERPRISE. When Glimmer Lightings by SWAR ENTERPRISE is threatened with suit or sued by a third party, Glimmer Lightings by SWAR ENTERPRISE may seek written assurances from you concerning your promise to indemnify Glimmer Lightings by SWAR ENTERPRISE; your failure to provide such assurances may be considered by Glimmer Lightings by SWAR ENTERPRISE to be a material breach of this Agreement. Glimmer Lightings by SWAR ENTERPRISE will have the right to participate in any defense by you of a third party claims related to your use of any of the Website content or Products, with counsel of Glimmer Lightings by SWAR ENTERPRISE choice at its expense. Glimmer Lightings by SWAR ENTERPRISE 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 Glimmer Lightings by SWAR ENTERPRISE against any claim, but you must receive Glimmer Lightings by SWAR ENTERPRISE 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.
VI. AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Force Majeure. Glimmer Lightings by SWAR ENTERPRISE will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott. If there is any short circuit or power outage caused by the products of Glimmer Lightings by SWAR ENTERPRISE, in that scenario or any scenario related to the harm caused by the products, Glimmer Lightings by SWAR ENTERPRISE will not be deemed in default.
Cessation of Operation. Glimmer Lightings by SWAR ENTERPRISE may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products. Entire Agreement.
This Agreement comprises the entire agreement between you and Glimmer Lightings by SWAR ENTERPRISE and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Glimmer Lightings by SWAR ENTERPRISE to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from the [City, State]. This Agreement will be governed by the laws of the State of [Law State Name] without regard to its conflict of law principles to the contrary. Neither you nor Glimmer Lightings by SWAR ENTERPRISE will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in the State of NEW DELHI. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. 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 one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. Glimmer Lightings by SWAR ENTERPRISE reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Glimmer Lightings by SWAR ENTERPRISE may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Glimmer Lightings by SWAR ENTERPRISE reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Glimmer Lightings by SWAR ENTERPRISE chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. Glimmer Lightings by SWAR ENTERPRISE makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws. Assignment. You may not assign your rights and obligations under this Agreement to anyone. Glimmer Lightings by SWAR ENTERPRISE may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
Accuracy of Information on the Site
We do our best to ensure that information on the Site is complete, accurate and current Despite our efforts, however, information on the Site may occasionally be inaccurate, incomplete or out of date. All specifications, products, descriptions and prices of products on the Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. However, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. We do not warrant the accuracy or completeness of the information, content or materials provided through the Site
The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.
IX. Return Policies
First, if you have a need to consider refunds and returns you likely ordered a product from us. This means we owe you a “thank you”. Nothing makes us happier than a legion of happy customers and as such we promise to do our very best to deliver an amazing product and customer experience and rest assured, to make right any hiccups along the way. That said, here are some things you might want to know…
If you are not entirely satisfied with your purchase, we’re here to help.
You have 7 calendar days to return an item from the date you received it. To be eligible for a return
- Your item must be unused and in the same condition that you received it.
- Your item must be in the original packaging. Your item needs to have the receipt or proof of purchase.
Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you of the status of your refund after inspecting the item.
If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain amount of days, depending on your card issuer’s policies.
Shipping costs are nonrefundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
You will receive a shipping label for the item to be returned, you’ll have to paste it on the top of the box where the previous label was placed.
The following images will help you identify the shipping labels and where to place them.
Contact Us If you have any questions on how to return your item to us.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.