Terms & Conditions
Thank you for visiting the online store offering products manufactured by Tupperware (“Tupperware india”) at newcastlepartysales.com/store (“newcastlepartysales.com/store”). Your visit to this Website is subject to these Terms and Conditions and our Privacy Policy available here on this website.
This Website newcastlepartysales.com/store is independently owned and operated by New Castle Party Sales, an authorised distributor of Tupperware India which is a company incorporated under the Indian Companies Act of 1956. The Website features logos, trade marks, trade names, slogans and other indica of origin that are the registered trademarks of Tupperware (“Tupperware india”)
Your use of this Website confirms your agreement to follow these rules and to be bound by them. New Castle Party Sales reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this Website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as and when they are modified.
By electronically accepting this Agreement, you confirm your acceptance and it would be accepted as would a written agreement with your signature. You accept all the terms and conditions as follows:
“Agreement” means the terms and conditions as detailed herein including all schedules, appendices, annexures, Privacy Policy, and will include the references to this Agreement as amended, supplemented, varied or replaced from time to time.
THIS AGREEMENT is between New Castle Party Sales having its registered office at P-100, 13, Kanungo Park, Garia, Kolkata – 700084 ( hereinafter called “NCPS” ) which expression shall, unless repugnant to or inconsistent with the context, mean and include the successors and permitted assigns, heirs, executors, legal representatives and administrators, as the case may be of the One Part and you, the user of the Website and websites operated by New Castle Party Sales as a website visitor or as a person intending to make a purchase or actually making a purchase through this Website.
New Castle Party Sales is in the business of (i) creating internet retail platforms that enable retailers and internet businesses to sell products & services directly to consumers; and (ii) operating internet retail businesses and online platforms, as an online distributor for various brands and companies operating in India and abroad. In no event shall New Castle Party Sales be liable for any damages whatsoever arising out of, or in connection with, your access of this Website or any information contained at the Website or any linked websites. In particular, New Castle Party Sales shall not be liable for special, indirect, consequential or incidental damages, whether an action alleging such damages is brought in contract, negligence or tort.
New Castle Party Sales will not be responsible for any liability arising out of the conduct of its employees, associates, contractors and suppliers that may cause any financial or other loss to you.
New Castle Party Sales operates the Website and intellectual property rights, and ownership and proprietary rights in the Website and its contents are owned by New Castle Party Sales. No part of the Website, the designs or the terms and references within shall be copied or transmitted for commercial purposes. Nothing contained in this Agreement shall give or be deemed to grant, whether directly or by implication, you any right, title or interest in or to the ownership or use of the trade marks and intellectual property. Purchases of products and services on this site does not transfer any of the intellectual property related to the products and services, their design or concepts to you.
This Website may contain hyperlinks to websites operated by parties other than New Castle Party Sales. Such hyperlinks are provided for your reference only. New Castle Party Sales does not control such websites and is not responsible for their contents. New Castle Party Sales’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
In no event shall New Castle Party Sales be liable for any damages whatsoever arising out of, or in connection with, your access of this Website or any information contained at the Website or any linked websites. In particular, New Castle Party Sales shall not be liable for special, indirect, consequential or incidental damages, whether an action alleging such damages is brought in contract, negligence or tort.
Any fraud, neglect, deliberate omission, wrongful act or default conducted by you will be subject to legal action and New Castle Party Sales will not be responsible for your actions. Furthermore, you agree to defend, indemnify and hold New Castle Party Sales harmless from and against any and all claims, damages, costs and expenses, including advocate’s fees, arising from and related to your access and use of the Website. New Castle Party Sales shall not be liable for any loss or damage arising from its failure to perform any of its obligations under this Agreement if such failure is the result of circumstances outside its control including but not limited to the outbreak of war, any governmental act, act of war, explosion, accident, civil commotion, riot, industrial dispute, strike, lockout, stoppages or restraint of labour from whatever cause, whether partial or general, weather conditions, traffic congestion, mechanical breakdown, obstruction of any public or private road or highway or outbreak of any communicable disease or any other force majeure, fire, flood or any other act of God.
New Castle Party Sales may at any time make changes or modify the website, its contents, the policies and terms and conditions including the privacy policy, shipping policy, return policy without any prior notice and it may do so with no prior permissions from users of the site or service.
New Castle Party Sales is a channel for sales and as such aims to make information about products accurate. However, should there be any unintentional errors relating to the product, pricing, availability, shipping and product supply, New Castle Party Sales will make good by correcting the amount (if incorrectly charged) and will have the right to make changes to the website to correct the errors without any obligation to supply the product or service at the previously published incorrect price or description.
New Castle Party Sales is solely a channel for sale of products that are manufactured by Tupperware India. New Castle Party Sales is not responsible for any consequences that arise from use of these products. The buyer or user of the product needs to make their own judgment of the safety and risks associated with various products that may be sold, and are solely responsible for the consequences of use of these products.
You further acknowledge that New Castle Party Sales will not be responsible or liable to comply with any warranties for the products supplied to the consumer upon placing of the order through this Website, over and above and in addition to the warranties provided under the applicable laws.
Information about the products and services sold by New Castle Party Sales is provided to it by Tupperware India. As such, New Castle Party Sales takes this information at face value and publishes this without any further verification. As such, New Castle Party Sales is not responsible for the accuracy or validity of this information.
The content of this Website and other websites operated by New Castle Party Sales may contain materials that are created by suppliers, vendors and others who sell their products and services. If any of the material is found to be objectionable or is found to have violated any law or copyright, the responsibility of this would be with the producer of the materials and New Castle Party Sales will not be liable or responsible for any of the content. Any issues relating to this would need to be dealt with the original producer of the content and materials. To report any violation or concern.
Shipping of products will be done by the method indicated in the order. If, for any reason the products are sent using an alternate method, other than the one indicated in the order, you will not need to pay any additional charges for this.
The product colour and actual size may vary from the visual representation on the Website.
You will be required to pay for the products ordered through the Website upon delivery of the products. Any order placed with New Castle Party Sales, cannot be cancelled once it has been processed.
By virtue of your acceptance to this Agreement, you further acknowledge that Tupperware India are not parties to this Agreement, and therefore, neither they are privy to this Agreement, nor you are privy to the agreement between New Castle Party Sales and Tupperware India. This Agreement does not accord and in fact you also disclaim any rights to bring any action against Tupperware India and/or Tupperware India, based on or relying on any terms and conditions of this Agreement.
New Castle Party Sales has the right to assign or transfer all or part of its rights or obligations under this Agreement without prior notification.
This Agreement shall be subject to and construed in accordance with the laws of India- and the Parties hereby submit to the exclusive jurisdiction of the courts of Kolkata.
In the event of any disputes, differences or controversies between the Parties hereto, out of or in connection with the provisions of this Agreement, or any action taken hereunder, the Parties hereto shall thoroughly explore all possibilities for an amicable settlement. In case an amicable settlement cannot be reached, such disputes, differences or controversies shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 including any amendment or re-enactment thereof. The proceedings of such arbitration shall be conducted in English language and the venue of such arbitration shall be Kolkata. The award of such arbitration shall be final and binding upon the Parties hereto.
All notices, demands or other communications required or permitted to be given or made under or in connection with this Agreement shall be in writing and shall be sufficiently given or made (i) if delivered by hand, or (ii) sent by pre-paid registered post, addressed to:
New Castle Party Sales, at the following address
P-100, 13, Kanungo Park, Garia,
Kolkata – 700084
India
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