The following terms and conditions (the "Agreement") govern all use of the topofthesmartfield.com website (we, the "Site") and the services available on or at the Site (taken together with the Site, the "Service"). The Service is offered subject to your (the "User") acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site - including, without limitation, topofthesmartfield‘s Shipping and Return Policy.
Subject to the terms and conditions of this Agreement, the Service is provided solely for User's own personal use, and not for the use or benefit of any third party. We may change, suspend, or discontinue the Services at any time, including the availability of any feature, or content. We may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability.
User certifies to we that if User is an individual (i.e., not a corporation) User is at least 18 years of age. User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
we reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending User a notice via email or postal mail. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by User following such notification constitutes User's acceptance of the terms and conditions of this User Agreement as modified.
Customer is responsible for all sales taxes (as applicable).
SHIPPING AND RETURN.
Purchases are subject to our Shipping and Return Policies. Restocking fees apply. The risk of loss and title for Products ordered by Customer shall pass to Customer upon our delivery of the items to the carrier. There are no returns or exchanges on final sale merchandise.
Customer agrees to receive emails promoting any special offer(s), including third party offers, as well as our newsletters. Customers can opt out of promotional emails from by clicking the unsubscribe link at the bottom of the emails. Transactional and Program emails are required for visitors and customers
ORDER CANCELLATION BY US
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account. Any type of voucher used in these orders shall be pushed back into the user’s account in case of cancellation by damilano.com
FRAUDULENT /DECLINED TRANSACTIONS
Our fraud detection team constantly monitors the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and we reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. we reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, damilano.com reserves the right to immediately delete such account and dishonor all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
SITE CONTENT GENERALLY.
The content on the Service (excepting any and all User Submissions - as defined below), including without limitation: the text, abstracts, metadata, software, scripts, graphics, files, images, photos, sounds, music, videos, interactive features and the like (collectively "Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to we, subject to copyright and other intellectual property rights under India and foreign laws and international conventions. we reserves all rights not expressly granted in and to the Service and the Content. User shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Content or Marks without the express prior written consent of the respective owners.
we grants to User a limited nonexclusive, non-transferable, non-sub licensable right solely to display and view the Content for personal, non-commercial use. If User downloads or prints a copy of the Content for personal use, User must retain all copyright and other proprietary notices contained therein. Copying, using or storing any Content for other than noncommercial use is expressly prohibited without prior written permission from we or from the applicable copyright holder.
User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Site.
the service (including, without limitation, the site and any software) and all products are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability or fitness for a particular purpose (but, for clarity, the products are can be returned/exchanges pursuant to our return policy). this disclaimer of warranties shall be void to the extent prohibited by applicable law.
limitation of liability.
in no event shall we, its officers, directors, employees, agents, third party licensors, or third party suppliers be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the service (or any content or information available through the service): (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages, even if foreseeable or (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination).
we may terminate User's access to all or any part of the Service at any time, with or without cause, effective upon notice thereof to User (provided that, if we determines there may be an immediate threat to we, it may terminate such access without notice). we may also terminate a Customer's account at any time, in its discretion. Upon termination notice from we, User will no longer access (or attempt to access) the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.
All content included on the Site, such as text, graphics, logos, button icons, images, and software is the property of we or we's licensors and other content suppliers - and protected by international copyright laws. All software used in connection with the Site is the property of we or its software suppliers and protected by international copyright laws.