Terms & Conditions
GENERAL
hmsofficial.com (our "Website", or "Site") is owned by Haridas Madhavdas Sugandhi (‘HMS’,"we", "us," and
"our"). The following Terms and Conditions ("Terms") apply to all visitors or users ("you", "you're", or
"yours") of our Website and of our web pages (collectively, our "services"). By using our Website, you
agree to be bound by these Terms.
We reserve the right to modify the Terms at any time. Changes and clarifications will take
effect immediately upon their posting on the Website. If you do not agree to any of these changes, you
must discontinue using the Website.
By accessing this web site, you are agreeing to be bound by these web site Terms and
Conditions, all its applicable laws and regulations, and agree that you are responsible for compliance
with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using
or accessing this site. The materials contained in this web site are protected by applicable copyright and
trademark law.
HMS is the sole intended beneficiary of this Agreement. If there is any inconsistency between
this Agreement and any other agreement included with or relating to the Goods, this Agreement shall
govern. This Agreement may not be modified, altered or amended without the written agreement of HMS. These
terms and conditions are governed by and construed in accordance with the laws of India. HMS agrees to
submit to the exclusive jurisdiction of the courts at Pune, India.
INTELLECTUAL PROPERTY RIGHTS
- The Website and all of its content, including but not limited to, its software or HTML code,
scripts, text, artwork, photographs, images, video, and audio are the intellectual property of HMS.
- All content is provided by HMS as a service to its current and prospective customers and may be
used for personal use and for purchasing purposes.
- You are authorised to print a copy of any information contained on this Website for personal use
unless such printing is expressly prohibited. Without limiting the foregoing, you may not, without our
written permission, sell information obtained from this Website.
- You may not copy, alter, reproduce, publish, transmit, distribute, perform, display, post,
modify, create derivative works from, sell, license, or otherwise exploit this Site or any of its content
without our prior written permission.
- You may not use this Website, or any of its content, for any commercial purposes, including any
advertising or advertising revenue generation activity on your own Website.
- Any unauthorised copying, alteration, distribution, transmission, performance, display, or other
use of these materials is prohibited.
TRADEMARKS
Reproduction or misuse of any trademarks and logos on the Website is strictly prohibited.
HMS retains all rights regarding the Trademarks, trade names and brand name. These marks, names and
all associated logos or images, are registered and/or common-law trademarks protected by local and
international laws and treaties. No license to the use of such marks or names is granted to you under
these Terms.
ACCEPTABLE USE OF THE WEBSITE
You agree that:
- You will not misuse our Services (e.g., you will not use our Website in any way which is
unlawful, illegal, fraudulent or harmful).
- You will not make any speculative or fraudulent orders.
- You will not conduct systematic or automated data collection activities (including without
limitation scraping, data mining, and data harvesting).
- You will not alter another website so as to falsely imply that it is affiliated or associated
with HMS. You may only use the Website to make legitimate orders and inquiries.
- You are responsible for all use of your account (under any user name or password) and for
ensuring that all use of your account complies fully with the provisions of these Terms.
TERMINATION OF ACCESS
We may terminate access to this Website at any time without notice. Our disclaimer will nevertheless
survive any such termination.
TERMINATION OF SERVICES
HMS may terminate the Services or any portion thereof, or any products or services offered through
the Website.
TERMS OF SALE
By placing an order for any goods on our website you are subject to the following terms and
conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made
as to delivery times are estimates only. HMS we will not be responsible for any delays resulting from
postal delays or force majeure.
When placing an order you undertake that all details you provide to us are true and accurate, that you are
an authorised user of the credit or debit card used to place your order and that there are sufficient
funds to cover the cost of the goods.
The cost of the products may fluctuate with economic conditions. All prices advertised are
subject to such changes.
a) Our Contract
A contract between us for the purchase of the goods will not be formed until your payment has been
approved and our billing agent has debited your credit or debit card.
Please note that items in your shopping cart are not reserved and may be purchased by other
customers. After you place your order, you will be sent an email to confirm that your credit/debit card
has been charged.
Your card account is debited at the same time you submit your order on our Website. If your
order has not been approved, you will be notified immediately via our Website. In the rare instance that
your order is approved but any of the items you have ordered are not available, we will contact you
immediately by email to arrange for a full refund or a product exchange, if preferred.
Unless you cancel your order, acceptance of your order and completion of the contract between
you and HMS will be completed when we e-mail you to confirm that your order is in process
The Website and communication are always conducted in English; therefore, the final sale
contract will also be in English.
We reserve the right to not accept your order in the event, for example, that we are unable to
obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item
ordered is out of stock or does not satisfy our quality control standards.
b) Pricing and Availability
i. Purchase Price
You agree to pay the Purchase Price of the Goods as posted on this website attached hereto.
ii. Price Disclaimer
While HMS makes every effort to ensure that the products are described and priced accurately,
in the event that an item is deemed to be priced incorrectly, HMS reserves the right to refuse the sale of
that item. Please note customers ordering outside of India will be charged import taxes and related fees
at their home country. These costs are not included in the Delivery costs. Such additional charges are
clearly displayed where applicable and included in the 'Total Cost'.
The issuer of your credit or debit card may charge currency conversion or other fees in
relation to your order. You should check with the issuer of your credit or debit card for details of any
such fees.
iii. Allergic reaction Disclaimer
At HMS, we try to make sure that our products are 100% safe to use. HMS reserves the right to refuse
the sale to sensitive buyer or buyer who is allergic to smoke or buyer who is asthmatic/has intolerant to
fragrances. HMS requests to not buy our goods if you fall under this category, we do not accept any kind
of liability to resolve the above-mentioned issues.
iv. Payment
The total amount of the Purchase Price shall be payable in full by you according to the payment due date
stated at Checkout. In addition, we shall have the right to pursue any remedies available at law or as
provided herein and shall be entitled to reimbursement from you for our costs of collection, including
attorney fees, legal fees and costs and disbursements, if any.