TERMS & CONDITIONS
INTRODUCTION
Please read these terms and conditions carefully before using this Website. By accessing or using our Website, you agree to be legally bound by these terms and conditions as they may be modified and posted on our Website from time to time. If you have any other queries on how to use this site, please email us at support@enlightenedoutfitters.com with a brief outline of your enquiry. Details of procedures, products, services, prices, payment and delivery are displayed on our Website. If you choose to place an order, you will be given clear instructions on how to navigate our simple online order process and you will be required to provide us with your accurate personal details. Please: 1. Read through these terms and conditions carefully before using this Website. 2. Print a copy for future reference. 3. Read our Privacy Policy section regarding your personal information. If you have a comment, concern or complaint about a product or service you have purchased from us, please contact us via email at support@enlightenedoutfitters.com.
GENERAL
We reserve the right to change any services, product prices, product specifications and availability at any time. All prices and descriptions supersede all previous publications. All product descriptions are approximate. Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions of business and the remainder of the provision in question will not be affected. This Website, any content contained herein and any contract brought into being as a result of usage of this Website are governed by and constructed in accordance with law of the jurisdiction specified in the clause below and the parties to any such contract agree to submit to the exclusive jurisdiction of the courts as specified. All contracts are concluded in English. These terms and conditions do not affect your statutory rights.
DEFINITIONS
‘Conditions’ means these terms and conditions. ‘We/us/our’ means Dusty SRL ‘Website’ means the Website located at www.enlightenedoutfitters.com or any subsequent URL which may replace it or sit alongside it.
ORDER PROCESS
Orders may be accepted from persons resident outside of India. All orders are subject to acceptance and availability. If any goods ordered are not available, you will be notified by email and you will have the option either to wait until the item is available from stock or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary. Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time prior to acceptance. You shall be responsible for ensuring the accuracy of the details provided on the order form and we will not accept an order unless all details requested on the order form have been entered correctly. You acknowledge that any automated acknowledgment of your order that you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we accept your order by (i) debiting your credit or debit card, or (ii) despatching goods to you/making goods available for download by you or commencing the services, whichever is the earlier. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website. Each item or service purchased is sold subject to additional specific terms and conditions relating to that item or service including, without limitation, terms and conditions concerning estimated delivery times and any warranties. Please ensure that you read such additional terms. We are entitled to refuse any order placed by you and will not be required to provide an explanation.
Orders can be cancelled without charge as long as instructions are received at least 5 hours before the cutoff for post. No cancellation can be accepted after this deadline.
DELIVERY
Customers are offered one or more shipping options.
Fulfilment is from Monday to Friday (inclusive) via different courier service, some goods will require a signature upon delivery. Where customers specifically request to be able to select for parcels to be delivered without a signature, the customer accepts full responsibility in case the parcel/product is damaged, lost or stolen.
Please contact us by email to support@enlightenedoutfitters.com if your delivery does not arrive within the expected time period.
Where courier parcels cannot be delivered because of incorrect address or failed delivery due to customer not present or any other reason that delivery cannot be made, the courier will charge fee from customer to return the product to base. If customer wishes to have the parcel re-sent, the return cost as well as the new postage cost will become payable. If customer requests a refund instead of re-delivery, a refund is issued minus the cost of delivery and the cost of return.
Deliveries are subject to some delays sometimes (especially the international parcels can be held up in customs) and cannot guarantee their advertised services.
PAYMENT
All prices are inclusive of GST (at checkout) at the current rates and are correct at the time of entering the information onto the system. Prices quoted are for delivery (in the case of goods) unless otherwise specified. Delivery charges vary and are added to the order cost at checkout.
In the unlikely event that the price or description of an item or service has been incorrectly advertised, we may contact you by email to ask whether you wish to proceed with your order with the correct price or description. If you are not happy to proceed, or we are unable to obtain your instructions, we may cancel the order. Unless we have already despatched or commenced performance of your order, we will not be obliged to supply products or provide services at the incorrect price or based on an incorrect description. Payment can be made by any major credit or debit card or through bank transfer as explained on the checkout page. Payment will be debited and cleared from your account before the despatch of your goods. By placing an order, you, the buyer, consent to payment being charged to your debit/credit card account or electronic payment transaction deposited from your bank. Title to the goods will pass to you, the buyer, on delivery of the goods. We will issue you with an electronic receipt to your email address once the goods have been despatched. When you pay for your order by credit or debit card, we use a payment gateway who carry out checks or ‘authorisations’ with the card issuer for security reasons.
ELIGIBILITY
To be eligible to purchase goods or services on this Website and lawfully enter into and form contracts on this Website, you must, if an individual, be 18 years of age or over; and register your real name, address, phone number, email address and any other details requested. If you are under 18, please ask an adult to contract on your behalf. By offering to purchase goods and services, you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
RETURNS POLICY
Please check that your order is correct upon receipt.
You have up to 7 days from the day you receive your goods to return and cancel your purchase. If you wish to cancel, you must inform us of this decision by email to support@enlightenedoutfitters.com with your order reference number and intention to cancel. We can only accept returned items that are in resalable condition i.e. unopened, sealed and in their original packaging. You are responsible for the cost of returning the items. We will then provide a refund (minus any postage costs we have incurred but have not charged you) to your original method of payment within 14 days of receiving the item(s). We advise that you obtain a proof of postage when you return the item.
In the unlikely event that you receive a product with a manufacturing fault, or a damaged or incorrect product, please contact us as soon as possible on support@enlightenedoutfitters.com attaching photos of the items where possible, and letting us know your order reference number. We aim to respond to messages within 48 hours. Please note that some investigations can take longer.
In case an incorrect product has been received, the customer must refrain from opening the packaging and should contact Enlightened Outfitters via email as soon as possible to arrange a replacement or alternative compensation. Enlightened Outfitters has the right to request the incorrect item back and any item that is opened is deemed to be acceptance of that product.
Where a manufacturing fault has been confirmed we will provide a replacement, store credit or refund within 10 days and postage costs will also be refunded on submission of proof of cost of postage. This excludes certain devices which are covered by the manufacturer warranty.
All returns items must be sent to us using tracked (and we recommend insured) mail.
Where the product has had to be shipped from overseas, we cannot offer refund on import duties.
If a returned item is found not to be faulty under testing, then you will be required to pay the cost of return postage.
INTELLECTUAL PROPERTY
The content of the Website is protected by copyright, trademarks, database and other intellectual property rights and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors. You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website. You further acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. No licence is granted to you in these Conditions to use any trademark of www.Enlightenedoutfitters.com or its affiliated companies and businesses. Goods and services sold by us may be subject to copyright, trademark or other intellectual property rights in favour of third parties. We acknowledge those rights. We may at times invite you to write testimonials about us, either on Enlightenedoutfitters.com or other third-party sites. You acknowledge that any testimonial or review that you write about Enlightenedoutfitters.com on any platform can be used by Enlightenedoutfitters.com, including but not limited to displaying and highlighting those testimonials and reviews. While we reserve the right to make references to any testimonial that you write, we acknowledge that we may not modify or amend your testimonial and will always display and highlight the testimonial in its entirety.
WEBSITE
We attempt to ensure that the information available on the Website at any time is accurate. However, we will not be held liable for any errors or omissions. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of these. Products, services, prices and offers are only valid at the time they are published on our Website. All images should be used only as a guide or representation of the item. All drawings, descriptive matter and specifications of goods and services on the Website are for the sole purpose of giving an approximate description of the goods and services. We may also change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts or all of the Website without notice or liability. We reserve the right to:
- modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
- change the Terms and Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms and Conditions have been changed. You may not use the Website for any of the following purposes:
- disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
- transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise;
- breaches any relevant laws, regulations or code of practice;
- gaining unauthorised access to other computer systems;
- interfering with any other person’s use or enjoyment of the Website;
- breaching any laws concerning the use of public telecommunications networks;
- interfering or disrupting networks or websites connected to the Website; and
- making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. We reserve the right to refuse to post material on the Website or to remove material already posted on the Website.
LIABILITY AND INDEMNITY
Notwithstanding any other provision in the Terms and Conditions, nothing in these Terms and Conditions will affect or limit your statutory rights; or will exclude or limit our liability for death or personal injury resulting from our negligence. The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet. We will use reasonable endeavours to verify the accuracy of any information on the Website but make no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website. We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you, the buyer, for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of its obligations in relation to these Terms and Conditions, if the delay or failure was due to any cause beyond our reasonable control. We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for: 11.1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or 11.2. any loss of goodwill or reputation; or 11.3. any special or indirect losses suffered or incurred arising out of or in connection with the provision of any matter under the Terms and Conditions. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your Personal Information with your authority. This clause does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
FORCE MAJEURE
We shall have no liability for delays or failures in delivery or performance resulting from force majeure, including but not limited to, war, demands or requests of Government authorities, strikes, shortages of labour, fuel, power, raw materials, late or defective performance or non-performance by suppliers, transportation disruptions, inability to ship or other causes, beyond our reasonable control.
REGISTRATION
You warrant that: 13.1. the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; 13.2. you are not impersonating any other person or entity and 13.3. you will notify us immediately of any changes to your personal information by emailing or telephoning our customer service representatives.
PRIVACY POLICY
In order to monitor and improve customer service, we sometimes record telephone calls. You can find full details of our Privacy Policy on the Website.
THIRD PARTY RIGHTS
Except for our affiliates, directors, employees or representatives, a person who is not a party to these Terms and Conditions has no right under the Consumer Protection Act, 2019 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
EXTERNAL LINKS
To provide increased value to our users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for: 16.1. the privacy practices of such websites; 16.2. the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources; or 16.3. the use which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
OVERSEAS ORDERS
We can ship overseas subject to extra shipping or postage costs, as well as any additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will have an opportunity to cancel your order in case these costs are not satisfactory.
GOVERNING LAW AND JURISDICTION
The Website is controlled and operated in India. These Terms and Conditions will be governed by the laws of India you irrevocably agree to submit to the exclusive jurisdiction of the courts of India.
Customers Privacy
Privacy policy
Whether we have your details because you subscribe to our newsletter, have requested a catalogue, or have bought products on this site, they will be kept confidential and will not be passed on to third parties. Under Data Protection legislation, we follow strict security procedures in the storage & disclosure of information that is passed to us by our customers, to prevent unauthorised access. We do not run or participate in any junk email marketing campaigns.
Enlightened Outfitters is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy policy.
Enlightened Outfitters may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
Data We collect
We may collect the following information:
- information (such as your name, email and postal address, telephone number, height, weight, age, sex, dietary needs, exercise programs, Body Mass Index (BMI), and PAR Q forms that you provide by completing forms on the Site or Application, including if you register as a user of the Site or Application, subscribe to our newsletter, upload or submit any material via the Site or Application, or request any information;
- in connection with an account sign-in facility, your log-in and password details;
- details of any transactions made by you through the Site or Application;
- communications you send to us, for example to report a problem or to submit queries, concerns or comments regarding the Site or Application;
- information from surveys, promotions and competitions that we may, from time to time, run on the Site or Application, if you choose to respond to, or participate in, them;
- technical information from your mobile device relating to the service you receive;
- information relating to your real time location; and
- information that you post in the form of comments or contributions to discussions.
You are under no obligation to provide any such information. However, if you should choose to withhold requested information, we may not be able to provide you with certain services.
How we use customer information
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- We may use the information to improve our products and services.
- We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
Please note – we do share customer data with courier companies in order to complete orders.
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online, to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
Cookies
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
The table below lists the cookies we collect and what information they store.
|
COOKIE name |
COOKIE Description |
|
CART |
The association with your shopping cart. |
|
CATEGORY_INFO |
Stores the category info on the page, that allows to display pages more quickly. |
|
COMPARE |
The items that you have in the Compare Products list. |
|
CURRENCY |
Your preferred currency |
|
CUSTOMER |
An encrypted version of your customer id with the store. |
|
CUSTOMER_AUTH |
An indicator if you are currently logged into the store. |
|
CUSTOMER_INFO |
An encrypted version of the customer group you belong to. |
|
CUSTOMER_SEGMENT_IDS |
Stores the Customer Segment ID |
|
EXTERNAL_NO_CACHE |
A flag, which indicates whether caching is disabled or not. |
|
FRONTEND |
You sesssion ID on the server. |
|
GUEST-VIEW |
Allows guests to edit their orders. |
|
LAST_CATEGORY |
The last category you visited. |
|
LAST_PRODUCT |
The most recent product you have viewed. |
|
NEWMESSAGE |
Indicates whether a new message has been received. |
|
NO_CACHE |
Indicates whether it is allowed to use cache. |
|
PERSISTENT_SHOPPING_CART |
A link to information about your cart and viewing history if you have asked the site. |
|
POLL |
The ID of any polls you have recently voted in. |
|
POLLN |
Information on what polls you have voted on. |
|
RECENTLYCOMPARED |
The items that you have recently compared. |
|
STF |
Information on products you have emailed to friends. |
|
STORE |
The store view or language you have selected. |
|
USER_ALLOWED_SAVE_COOKIE |
Indicates whether a customer allowed to use cookies. |
|
VIEWED_PRODUCT_IDS |
The products that you have recently viewed. |
|
WISHLIST |
An encrypted list of products added to your Wishlist. |
|
WISHLIST_CNT |
The number of items in your Wishlist. |
Affiliate Cookies
We have a number of partners who promote our service on a success-only basis (i.e. instead of paying for advertising, we pay them commissions on sales). Cookies are required to allow us to reward these partners and these cookies are usually provided by specialist companies (known as affiliate networks). Neither us, the networks, or the partner advertising or recommending our services are able to identify you personally. We ask you to support us by allowing these cookies which ultimately help us to offer you the service we do at the price we do. Our affiliate cookies are provided by Affiliate Traction.
Turning Cookies Off
You can usually switch cookies off by adjusting your browser settings to stop it from accepting cookies. Doing so however will likely limit the functionality of ours and a large proportion of the world’s websites as cookies are a standard part of most modern websites
It may be that you concerns around cookies relate to so called “spyware”. Rather than switching off cookies in your browser you may find that anti-spyware software achieves the same objective by automatically deleting cookies considered to be invasive.
Additional information
When you visit the Site or access or use any Application, we may automatically collect additional information about you, such as the type of internet browser or mobile device you use, any website from which you have come to the Site or Application and your IP address (the unique address which identifies your device on the internet) and your operating system, which are automatically recognised by our web server. You cannot be identified from this information and it is only used to assist us in providing an effective service on the Site or Application and to collect broad demographic information for aggregate use.
In addition to cookies we may use the following similar technologies in respect of your use of the Site or Applications:
- Web beacons – these are small image files that may be placed by us or third parties in respect of your use of the Site or within the body of our newsletters so we or third parties can understand which parts of the Site are visited or whether particular content is of interest.
- Application specific tracking
If you have a comment, concern or complaint about a product or service you have purchased from us, please contact us via email at support@enlightenedoutfitters.com.
Information sharing
We may disclose aggregate statistics about visitors to the Site and users of the Application (customers and sales) in order to describe our services to prospective partners, advertisers, sponsors and other reputable third parties and for other lawful purposes, but these statistics will include no personally identifiable information.
We may disclose your personal information to any of our affiliates, or to our agents or contractors who assist us in providing the services we offer through the Site or the Application, processing transactions, fulfilling requests for information, receiving and sending communications, updating marketing lists, analysing data, providing support services or in other tasks from time to time. Our agents and contractors will only use your information to the extent necessary to perform their functions.
In the event that we undergo re-organisation or are sold to a third party, you agree that any personal information we hold about you may be transferred to that re-organised entity or third party.
We may disclose your personal information if legally entitled or required to do so (for example if required by law or by a Court order or if we believe that such action is necessary to prevent fraud or cyber crime or to protect the Site or Applications or the rights, property or personal safety of any person).
Public forums
The Site and Applications may, from time to time, make chat rooms, message boards, news groups and/or other public forums available to its users. Any information that is disclosed in these areas becomes public information and you should exercise caution when using these and never disclose your personal information.
Child safety
We do not offer website services to minors. Our website is for customers above 18 years of age.
External links
The Site and Applications may, from time to time, contain links to external sites. We are not responsible for the privacy policies or the content of such sites.
Payment processing
We offer different payment options:
- Netbanking; and
- Credit/debit card payment
New payment methods will be added too. For customers paying with a debit or credit card, their payments are captured through payment solution providers. Customers credit or debit card information is not captured by Enlightened Outfitters and entered directly into the payment portal, who operate a secure server for processing payment details. Information supplied to the payment provider is not within the control of Enlightened Outfitters and is subject to the privacy policies, terms and conditions of the payment provider.
Security
We place great importance on the security of all personally identifiable information associated with our users. We have security measures in place to attempt to protect against the loss, misuse and alteration of personal information under our control. For example, our security and privacy policies are periodically reviewed and enhanced as necessary and only authorised personnel have access to personal information. Whilst we cannot ensure or guarantee that loss, misuse or alteration of information will never occur, we use all reasonable efforts to prevent it.
You should bear in mind that submission of information over the internet is never entirely secure. We cannot guarantee the security of information you submit via the Site or Application whilst it is in transit over the internet and any such submission is at your own risk.
It is advisable to close your browser or the Application when you have finished your user session to help ensure others do not access your personal information.
Data storage and international transfers
Information that you submit via the Site or Application is sent to and stored on secure servers operated by Bigcommerce. By submitting information via the Site or Application, you agree to this storing, processing and/or transfer.
In addition, if you use our services while you are outside India, your information may be transferred outside India in order to provide you with those services.