3. The domain name [“www.penandpencil.in”] (“Website”) is operated by Pen and Pencil eStore LLP, a Limited Liability Partnership incorporated under the LLP Act, 2008, having its registered office at Shop No 01, Ground Floor, Vikam Stationers, T M Road, Jambli Naka, Thane (W) – 400 601, Maharashtra, India, hereinafter referred to as “LLP” or “we” or “our” or “us” (and shall include its successors and assigns).
5. All materials including images, texts, illustrations, designs, icons, photographs, music clips, video clips, whether written or otherwise and the Products or any information relating to the Products (including but not limited to price and packaging) and all services offered on this Website (“Content”) are solely for your information and for your personal and non-commercial use only, and the same should not be considered as a substitute for professional advice. The LLP and its affiliate companies, each of their respective partners, directors, consultants, contractors, employees, and/ or suppliers assume no responsibility for any consequence relating directly and/or indirectly to any action and/or inaction that you take based on the Content. While we strive to keep the Content accurate, complete and up-to-date, the Pen and Pencil eStore LLP group cannot guarantee, and will not be responsible for any direct or indirect damage and/or loss whatsoever related to, the accuracy, completeness or any other aspect of any Content or the Website. We provide the Content strictly on an “as is” and “as available” basis and disclaim to the fullest extent permissible under applicable law, all warranties, express or implied, as to the accuracy of the Content.
6. We may change, suspend and/or discontinue the Product(s) at any time, including the availability of the Content (or any part thereof); and may also impose limits on and/or restrict your access to parts and/or all of the Content or the Website itself, in each case, without any notice and/or liability whatsoever.
9. Unless otherwise specified, the Products are directed solely at those who access this Website from India and we make no representation that any Product is appropriate for use or available outside India. Those who choose to access this Website from outside India is responsible for compliance with local laws to the extent they are applicable. We will deliver the Products only within India and will not be liable for any claim relating to any Product ordered from outside India.
10. All telephonic conversations between you and the LLP may be recorded and you hereby consent to such monitoring and recordation.
11. In the event that part or all of the ownership of the LLP or any of its services or products are sold or transferred, all lists and data which contain personnel information including demographic information, buying information may be transferred to the new owner.
2. We reserve the right, at our sole discretion, to limit the quantity of Products purchased per User or per order. These restrictions may be applicable to orders placed by the same account or the same payment instrument, or also to orders that use the same billing and/or shipping address. We will endeavour to provide notification to the User should such limits be applied.
1. Pen and Pencil eStore LLP is committed to providing competitive prices every day, on everything offered on its Website. In order to ensure competitiveness as well as take cognizance of any inflation or other market changes, Pen and Pencil eStore LLP reserves the rights to update the prices on “penandpencil.in” from time to time without any advance notice to the Customers. Customer confirms & agrees to the prices displayed on the website before placing the order
2. While we strive to provide accurate Product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of a Product until you place an order and we accept the order. In the event that a Product is listed at an incorrect price or with incorrect information due to an error in pricing or Product information, we retain the right, at our sole discretion, to refuse or cancel any orders placed for that Product.
3. In the event that a Product is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. If your credit/ debit/ cash card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit/ debit/ cash card account for such amount.
2. If you use the Website, you are responsible for maintaining the confidentiality of your password and account and any activity that occur in or through your account. We will not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you know or suspect that someone else knows your password or suspect any unauthorized use of your password you should notify us by contacting us immediately at [email@example.com]. If we have reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account without any liability whatsoever.
3. LLP in order to serve Customers effectively will send alerts, information, updates including shipment updates etc. to users through SMS, Emails, or phone. Users by registering with us agree and authorize LLP to send such alerts, information SMS’s or Emails.
4. You also agree and confirm that you will:
I. provide accurate, current and complete information whenever prompted by the Website or when required by the Website’s registration form (“Registration Data”).
III. indemnify and keep indemnified the Pen and Pencil eStore LLP Group from and against all claims resulting from the use of any detail/ information/ Registration Data that you post and/or supply to the LLP. The LLP shall be entitled to remove any such detail/ information/ Registration Data posted by you without any prior information.
IV. in order to ensure that we are not violating any right that you might have in your Registration Data, grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) that you have in the Registration Data, in any media now or in future known, with respect to your Registration Data solely to enable us to use such Registration Data you have supplied to us.
1. You understand and undertake that you shall be solely responsible for the Registration Data and undertake to not host, display, upload, modify, publish, transmit, update or share any information that:
I. Belongs to another person and to which the User does not have any right to
II. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, seditious, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
III. Harms minors in any way;
IV. Infringes any patent, trademark, copyright or other proprietary rights of any person anywhere in the world;
V. Violates any law for the time being in force;
VI. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature
VII. Impersonates another person;
VIII. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
IX. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation;
X. Creates liability for the LLP or cause the LLP to lose (in whole or in part) the services of the LLP's ISPs or other suppliers;
XI. Is in the nature of
political campaigning, unsolicited or unauthorized advertising, promotional
and/ or commercial solicitation, chain letters, pyramid schemes, mass mailings
and/or any form of 'spam' or solicitation; or is illegal in any other way.
The User agrees and understands that the LLP reserves the right to remove and/or edit such detail / information. Further, the LLP, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information that is contravention of Clause above, shall act within reasonable and statutory timelines and where applicable, work with the User or owner of such information to disable the same. Furthermore, the LLP reserves the right to preserve such information and associated records for at least 90 (ninety) days for investigation purposes.
You shall not, directly or indirectly attempt to gain unauthorized access to the Website, other Users’ account(s), computer systems and/or networks connected to the Website through hacking, phishing, password mining and/or any other means (whether now known or hereafter developed or invented) or obtain any material or information through any means not intentionally made available to User.
Where the User is a Business customer, the User represents and warrants that it holds all licenses, consents and governmental approvals including (i) Goods and Service Tax/sales tax/value added tax/service tax/excise duty registration; or (ii) a trade license; or (iii) relevant licenses and permits for carrying on retail trade; or (iv) certificate of incorporation or registration as a society or registration as a public trust for its self-consumption, and shall promptly provide copies of the same to the LLP, before registration.