Terms of service

🇺🇸 KERAM USA — Terms of Service

OVERVIEW
Welcome to KERAM! The terms "we", "us" and "our" refer to KERAM India, the operator of this store. KERAM India operates this store and website at keramstore.com, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). The store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service ("Terms"), together with any policies referenced herein, describe your rights and responsibilities when you use the Services. Please read these Terms carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability. By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you should not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and you consent to allow any minor dependents to use the Services on devices you own or manage. To use the Services, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current and complete. You are solely responsible for maintaining the security of your account credentials and for all account activity, and may not transfer, sell, assign, or license your account to any other person.

SECTION 2 — OUR PRODUCTS
We have made every effort to accurately represent our products. However, colors or product appearance may differ from how they appear on your screen due to your device settings and configuration. We do not warrant that the appearance or quality of any product purchased will meet your expectations or be the same as depicted in our online store. All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product and to limit the quantities of any products we offer to any person, region or jurisdiction.

SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase. We reserve the right to accept or decline your order for any reason at our discretion. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before acceptance. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number provided at the time of the order. Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 — PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed, as set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges. We may offer promotions that affect pricing and are governed by separate terms; if there is a conflict, the promotion terms govern. You agree to provide current, complete and accurate payment and account information for all purchases, and to promptly update it so we can complete your transactions. You represent and warrant that (i) the payment information you provide is true and complete, (ii) you are authorized to use such payment method, (iii) charges incurred will be honored by your card company, and (iv) you will pay all charges at the posted prices, including shipping, handling and applicable taxes.

SECTION 5 — SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 — INTELLECTUAL PROPERTY AND BRAND
Our Services, including all text, displays, images, graphics, product reviews, video, audio, and the design, selection and arrangement thereof, are owned by KERAM India, its affiliates or licensors, and are protected by applicable copyright and other intellectual property laws.

"KERAM" is a brand owned by KERAM India and is a registered trademark in India. The KERAM brand, name, logo and product designs are used internationally under the ownership of KERAM India, and our brand and listings are protected through the Amazon Brand Registry and the Amazon Transparency Program. You must not use the KERAM name, logo, trademarks or product designs without our prior written permission.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, republish, download, store, or transmit any material on the Services without our prior written consent. All rights not expressly granted are reserved by KERAM India. Shopify's name, logo and trademarks are the property of Shopify. All other trademarks on the Services are the property of their respective owners.

SECTION 7 — OPTIONAL TOOLS
You may be provided with access to third-party tools, which we neither monitor nor control. We provide access to such tools "as is" and "as available" without warranties of any kind and without endorsement, and shall have no liability arising from your use of them. Any use of such tools is entirely at your own risk. New features offered in the future shall also be subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites operated by third parties, including Amazon.com. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites, and we are not liable for any harm related to your access of them or your purchase of any products on them. Complaints regarding third-party products and services should be directed to the third-party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY
The store is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with KERAM India. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and KERAM India, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with KERAM India.

SECTION 10 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your use of the Services. Information you submit may be transmitted to and shared with Shopify and third parties that may be located in countries other than where you reside, in order to provide services to you.

SECTION 11 — FEEDBACK
If you submit any ideas, suggestions, feedback, reviews, proposals, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. You represent and warrant that you own or have all necessary rights to all Feedback, that you have disclosed any compensation received in connection with it, and that it will comply with these Terms. We are under no obligation to maintain Feedback in confidence, pay compensation for it, or respond to it. We may, but have no obligation to, monitor, edit or remove Feedback we determine to be objectionable. You are solely responsible for any Feedback you make and its accuracy.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.

SECTION 13 — PROHIBITED USES
You may use the Services for lawful purposes only. You may not use the Services: (a) for any unlawful or malicious purpose; (b) to violate any regulations, rules or laws; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, harm, defame or intimidate any person; (e) to transmit false or misleading information; (f) to use any non-compliant material; (g) to send junk mail, spam or similar solicitations; (h) to impersonate any person or entity; or (i) to engage in any conduct that restricts anyone's use of the Services or may harm KERAM India, Shopify or users. You also agree not to upload viruses or malicious code; reproduce, duplicate, copy, sell or exploit any portion of the Services; collect or track the personal information of others; spam, phish, pharm or pretext the Services; use any robot, spider, scraper, data-gathering tools, AI tools (such as agentic AI) or automated means to access the Services; or interfere with or circumvent the security features of the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, for any violation of these Terms.

SECTION 14 — AGENTS
This section applies if you use, allow, enable, or cause the deployment of an Agent to interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity without direct supervision. No Agent may access the Services unless it identifies itself and operates in strict accordance with the requirements below, and no Agent may access the Services if we have requested it refrain. We may limit, including by technical measures, whether and how any Agent accesses the Services. Agents must: (i) identify in all HTTP/HTTPS requests that the request is from an Agent by including "Agent/[agent name]" in the user agent string; (ii) not conceal that interactions are from an Agent, including by mimicking human behavior or circumventing CAPTCHAs; (iii) respond truthfully to any prompt seeking to determine if interactions are from a human or computer; and (iv) not circumvent any measure intended to control how Agents access the Services.

SECTION 15 — TERMINATION
We may terminate this agreement or your access to the Services in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections survive termination: Intellectual Property and Brand, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive.

SECTION 16 — DISCLAIMER OF WARRANTIES
The information presented through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, and any reliance you place on it is strictly at your own risk. EXCEPT AS EXPRESSLY STATED BY KERAM INDIA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.

SECTION 17 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL KERAM INDIA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 — INDEMNIFICATION
You agree to indemnify, defend and hold harmless KERAM India, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

SECTION 19 — SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be severed without affecting the validity of the remaining provisions.

SECTION 20 — WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver. These Terms and any policies posted by us constitute the entire agreement between you and us, superseding any prior agreements. Any ambiguities shall not be construed against the drafting party.

SECTION 21 — ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 — GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the courts in Maharashtra, India. This reflects that the store is operated by KERAM India.

SECTION 23 — HEADINGS
The headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 — CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 25 — CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@keramstore.com
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