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Conditions of Use

Para 1 - Ownership and Operation

 

This web site belongs to EcoWindward LLC company (hereby referred as EcoWindward) based in Freehold, NJ, USA. For more information on the EcoWindward and its brands, click here. (EXTERNAL LINK TO WWW.ECOWINDWARD.COM)EcoWindward may, in its sole discretion and at any time, modify or discontinue this web site or specific portions of it.

 

Para 2 - Binding Agreement

 

Your use of this web site constitutes your agreement with EcoWindward and HomeofPashmina.com to be bound by, and to act in accordance with, these Terms of Use. The Home of Pashmina Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Home of Pashmina Site, you represent and warrant that you are 18 years of age or older.

 

Para 3 - Continuing Agreement

 

We may change or revise these Terms of Use from time to time by updating this posting, so please visit this area each time you visit the web site to keep up to date with the current terms regarding your use of the web site. Your use of the web site reaffirms your continuing agreement to the then-current Terms of Use.

 

Para 4 - �Ownership and Use of Site Materials

 

EcoWindward owns the copyright for all of the material on the web site or has a valid right from a third party to use material on the web site. EcoWindward also owns or has a valid right to use all trademarks, service marks, and trade names used on this web site.No part of the web site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. Any modification of the materials or use of the materials for any other purpose is a violation of EcoWindward LLC's copyright and other proprietary rights.The use of any such material on any other web site or computer network without EcoWindward LLC's written consent is strictly prohibited. Your use of the trademarks, service marks and trade names on this web site in any manner other than as authorized in these terms and conditions, or as authorized in writing by EcoWindward, is strictly prohibited.

 

Para 5 - About EcoWindward

 

EcoWindward LLC's mission is help in maintaining traditions around the world. Everyday we look for traditions around the world that help create eco-friendly products and sustain a heritage. EcoWindward tries to provide a business link to these traditions and thereby helping the people who own these traditions to maintain them and create a heritage. As part of this mission, in year 2010, EcoWindward launched website www.HomeOfPashmina.com to bring the valued Pashmina Cashmere from Kashmir to USA.

 

Para 6 - Downloaded Content

 

If you download content from this website, the content and all files, images and data relating to the content will be licensed to you by EcoWindward. You do not own the downloaded software, and EcoWindward does not transfer ownership of the Content to you. EcoWindward retains full ownership of and title to the downloaded software and all intellectual property rights related to the content. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the content to a human-perceivable form. Content that is downloaded from this web site is subject to United States export control laws.  If you download any content from this web site, you represent and warrant to EcoWindward that you are not acting in violation of those laws.

 

Para 7 - Privacy

 

For information on how EcoWindward uses and protects the personal information you may provide on this web site, click on the Privacy Policy Page (LINK TO PRIVACY POLICY PAGE)

 

Para 8  Monitor Color Variance

 

100% Customer satisfaction is our goal. We have made every effort to display, as accurately as possible, the colors of our products that appear on this Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

 

As a customer, you are responsible for the order you place on this site, EcoWindward only ships the order based on the selected SKU number. If the shipped SKU number matches the SKU number in order placed, EcoWindward and HomeOfPashmina.com will not be responsible for the color variance between what you see on your monitor and what you have received.

 

Para 9 - Return or Exchange Policy

 

All returned or exchanged goods should accompany ORIGINAL receipt. All returned merchandise must be in new condition, unwashed, unworn or defective and must be in original packaging for a refund. The buyer must return the package to us within 30 days from the date the item was purchased. No exceptions. The cost of returning the item to us is your responsibility. The item should be brand new conditions with all tags intact and all original packaging. The parcel can take up to 7 working days to be returned to our Warehouse, unless sent via special delivery. Please make sure you opt for Delivery Tracking in the return shipping service so we can ensure the parcel reaches our location. Home Of Pashmina is not responsible for the lost packages in return mail, thus taking delivery confirmation service is a highly suggested approach. The information that you submitted would be used for refunds or exchange. The cost of shipping will be deducted from the refund. All refunds are processed using the same method as the original payment. Please send e-mail at contact@homeofpashmina.com or call at 1-800-757-2297 for return shipping address.

If the item shows signs of use or any original tags / packaging are not intact, a cleaning fee of upto 25% will be assessed before refund is processed.
 

User is responsible for all to and fro shipping for return and exchange.

Monogrammed Pashminas Cannot be Returned or Exchanged.
 

 Para 10 - User Views

 

Certain portions of the web site permit you to post or upload comments, suggestions, graphics, ideas (including product ideas), and other information, materials, or content created by you, blog responses / comments / updates (collectively, "User Views").

 

In connection with User Views, you agree that: (i) you will not submit User Views that include material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights (including, without limitation, trademark, privacy and publicity rights) unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the rights granted herein; (ii) neither the User Views, nor the use of the User Views as permitted in these Terms of Use, will infringe upon or violate the rights of any person or entity or any applicable laws; and (iii) you will not submit User Views that are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate.

 

 

 

By submitting User Views to EcoWindward through this web site, you agree that your User Views will become and remain the exclusive property of EcoWindward, including any future rights associated with your User Views, even if these Terms of Use are later modified or terminated.

 

 

 

This means that you disclaim any proprietary rights in such User Views, and you acknowledge EcoWindward�s unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means EcoWindward has no obligation to keep your User Views confidential.

 

 

 

Although EcoWindward is under no obligation to review or monitor User Views, EcoWindward reserves the absolute right to do so in its sole discretion. In addition, EcoWindward reserves the right to alter, edit, refuse to post or remove any User Views, in whole or in part, for any reason or for no reason. You agree that EcoWindward does not have any obligation to use or respond to any User Views.

 

Para 11 - Geographic Scope of Site

 

EcoWindward controls and operates this web site from within the United States of America. Unless otherwise specified on or by this web site, this web site is intended to promote only those EcoWindward products that are sold by EcoWindward in the United States and its territories, and EcoWindward makes no representation that material in this web site or the products described thereby are appropriate or available for use in other locations. All visitors to this web site are responsible for compliance with all local laws applicable to them with respect to the content and operation of this web site.

 

Para 12 - Links to Other Sites

 

For your convenience and enjoyment, this web site may provide links to other web sites on the World Wide Web that are not operated by EcoWindward. EcoWindward has no control over these web sites and is not responsible for the availability of such web sites. EcoWindward does not endorse, approve or sponsor, nor is EcoWindward responsible or liable for any information or content available at the linked sites or any products, or other materials on or available from such sites. In addition, EcoWindward is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or services available on or through any such web sites.

 

Para 13 - Contents of the Web Site - Disclaimer

 

The materials in this web site (including any graphics, content, recommendations or other materials) and any materials made available through this web site are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, EcoWindward disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. EcoWindward does not warrant or make any representations regarding the use or the results of the use of the materials in this web site in terms of their correctness, accuracy, reliability, or otherwise. The materials in this web site could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. EcoWindward undertakes no obligation to verify or maintain the currency of such information.

 

In addition, you understand and agree that when using the web site, you will be exposed to User Views posted and/or submitted by users. EcoWindward is not in any manner responsible for the User Views, and EcoWindward does not guarantee the accuracy, integrity, quality, or intellectual property rights of or relating to such User Views. In addition, EcoWindward cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Views will not appear on the web site. You acknowledge that by providing you with the ability to access and view User Views on the web site, EcoWindward is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Views or activities of users on the web site. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Views are not necessarily those of EcoWindward or its affiliated or related entities or content providers.

 

Certain links in this web site may link you to other sites on the worldwide web. The linked sites may not be under the control of EcoWindward and EcoWindward is in any event not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. EcoWindward is not responsible for webcasting or any other form of transmission received from any linked site. EcoWindward is providing these links to you only as a convenience, and the inclusion of any link does not imply a referral by EcoWindward to, or an endorsement by EcoWindward of, the linked site or any products or services which may be offered there.

 

Para 14 - Operation of the Web Site - Disclaimer

 

EcoWindward endeavors to maintain this web site and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the web site or its operation. As to the operation of the web site, EcoWindward expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. EcoWindward makes no warranty that (i) the operation of the web site will meet the user's requirements; (ii) access to the web site will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the web site will be accurate or reliable; or (iv) defects will be corrected. You (and not EcoWindward) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this web site.

 

Para 15 - Limitation of Liability

 

Under no circumstances shall EcoWindward be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, the web site or any materials in this site, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of the website or information available in the web site. EcoWindward shall not be liable even if EcoWindward or a EcoWindward authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.

 

Para 16 - Limitations as to Paragraphs 11, 12 and 13

 

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall EcoWindward total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this site.

 

Para 17 - Postings

 

EcoWindward may from time to time monitor or review discussions, chats, postings, and other transmissions on this web site. However, EcoWindward is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to any such locations on this web site. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. EcoWindward will fully cooperate with any law enforcement authorities or court order requesting or directing EcoWindward to disclose the identity of anyone posting any such information or materials. EcoWindward may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of EcoWindward, its customers or the public.

 

Para 18 - Indemnification

 

You hereby agree to defend, indemnify and hold EcoWindward, its parents, subsidiaries and affiliated companies and each of their respective agents, licensees, successors and assigns, harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including reasonable attorney's fees, relating to or arising out of your use of the web site, any use of your User Views as permitted in these Terms of Use, and/or any breach or alleged breach of any of your warranties, representations or agreements hereunder.

 

Para 19 - Copyright Agent

 

The Digital Millennium Copyright Act of 1998 (the DMCA) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Agent with the following information:

 

a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

 

b. a description of the copyrighted work or other intellectual property that you claim has been infringed

 

c. a description of where the material that you claim is infringing is located, with enough detail that we may find it;

 

d. your address, telephone number, and email address;

 

e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

 

f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

 

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our agent for notice of claims of copyright or other intellectual property infringement can be reached at following e-mail address:

 

contact@homeofpashmina.com

 

Para 20 - Availability of Help

 

This web site may provide a FAQ file or other instructions for the use of this site. However, you understand that EcoWindward is under no obligation to provide any support for the use of the web site.

 

Para 21 - Applicable Law; Jurisdiction

 

These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortuous conduct or otherwise) will be governed by the laws of the State of New Jersey, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms of Use (whether for breach of contract, tortuous conduct or otherwise) will be brought exclusively in the state courts of New, and you hereby accept and submit to the personal jurisdiction of these New Jersey courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use.

 

Para 22 - Severability

 

If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

 

Para 23 - No Waiver

 

No failure on the part of EcoWindward to enforce any part of these Terms of Use shall constitute a waiver of any of EcoWindward  LLC's rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by EcoWindward nor the reliance of any person on EcoWindward LLC's actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of EcoWindward shall have any legal effect whatsoever.

 

Para 24 - No Legal Effect

 

The paragraph titles in these Terms of Use are for convenience only and have no legal or contractual effect.

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