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Terms and conditions
INFORMATION ABOUT US
www.heliumformen.com is a site operated by Quixotic Options Pvt. Ltd. a company incorporated under the Companies Act, 1956 with its registered office at A-401 Mainframe, Royal Palms, Aarey Colony, Goregaon (E), Mumbai - 400065.
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
CONDITIONS OF SALE (“CONDITIONS”)
These Conditions apply where the Buyer wishes to order certain of the Company's Goods and the Buyer and the Company wish to regulate the sale and purchase of such Goods ("the order"). These Conditions have been brought to the attention of the Buyer.
- INTERPRETATION AND DEFINITIONS "the Buyer" means the person who purchases Goods from the Company; “Company” means Quixotic Options Private Limited; "Goods" means any goods agreed in the contract to be supplied to the Buyer by the Company (including any part or parts of them).
- 2.1 By placing an order through our site, you warrant that:
- (a) You are legally capable of entering into binding contracts; and
- (b) You are at least 18 years old.
- 2.1 By placing an order through our site, you warrant that:
- APPLICATION OF TERMS
- 3.1 Subject to any variation under condition
- 3.2 the supply of Goods will be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document) and no terms or conditions endorsed upon, delivered with or contained in the Buyer's purchase order, confirmation of order, specification or other document will form part of the Conditions.
- 3.2 These Conditions apply to all the Company's sales and any variation to these Conditions and any representations about the Goods shall have no effect unless expressly agreed in writing by the Company. The Buyer acknowledges that no reliance has been placed on any such representations for which provision has not been made expressly in writing.
- 3.3 Each order for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to purchase Goods subject to these Conditions and the Buyer acknowledges that prior to any such order he has notice of and such order is made on the basis of these Conditions.
- 3.4 No order placed by the Buyer shall be accepted or deemed to be accepted by the Company until a written acceptance of order is issued by the Company or (if earlier) the Company delivers the Goods to the Buyer. For the avoidance of doubt an order confirmation or acknowledgement issued by the Company is not an acceptance of the Buyer's offer but merely confirmation of the contents of such offer and the Company reserves the right to decide whether to accept such offer in accordance with this clause.
- 3.5 The Buyer must ensure that the contents of its order are complete and accurate.
- 3.6 The Company reserves the right to treat each order accepted by the Company as a separate contract and the Company reserves the right to deliver the Goods by instalments. Where Goods are delivered by instalments the Company reserves the right to treat each instalment as a separate contract.
- DESCRIPTION the Company’s marketing materials (“the Marketing Materials") are issued or published for the sole purpose of giving an approximate idea of the Goods described in them and such Marketing Materials do not and will not form part of the contract.
- 5.1 The Goods will be at your risk from the time of delivery.
- 5.2 Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges.
- PRICE Unless otherwise agreed by the Company in writing the price for the Goods shall be:
- (a) the price set out in the Company's price list published on the date of acceptance by the Company as defined in these Conditions; and
- (b) inclusive of any value added tax which is due for the Goods.
- 7.1 Payment of the price for the Goods is due in full before delivery and failure to make payment on the due date shall without prejudice to the Company's other rights, entitle the Company to refuse delivery and/or cancel any contract between the Buyer and the Company. For the purposes of this condition only, the due date shall be the date of actual delivery or such date as the Company has communicated to the Buyer whether in writing or orally that it has the Goods in stock.
- 7.2 Time for payment shall be of the essence and no payment shall be deemed to have been received until the Company has received cleared funds.
- 7.3 All payments payable to the Company under the contract shall become due immediately upon termination of contract despite any other provision.
- WARRANTY AND LIABILITY
8.1 The Company shall not be liable for any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with any specification expressly agreed in writing by the Company (whether or not delivery is refused by the Buyer) or any other dissatisfaction of the buyer except, and only to the extent set out in the Returns Policy which is incorporated into the Conditions.
THIS CONDITION 8 IS A COMPLETE STATEMENT OF THE COMPANY'S WARRANTIES REGARDING THE GOODS AND SUBJECT TO CONDITION 9.2 IS IN LIEU OF ALL OTHER WARRANTIES, TERMS, REPRESENTATIONS OR CONDITIONS EXPRESS OR IMPLIED (WHETHER UNDER STATUTE, AT COMMON LAW OR OTHERWISE) INCLUDING BUT NOT LIMITED TO WARRANTIES, TERMS, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PRODUCTION, LOSS OF OR CORRUPTION TO DATA, LOSS OF PROFITS OR OF CONTRACTS, LOSS OF REVENUE, LOSS OF OPERATION TIME, LOSS OF GOODWILL OR ANTICIPATED SAVINGS, WASTED MANAGEMENT OR STAFF TIME) ARISING OUT OF THE CONTRACT (WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHER FORM OF ACTION) OR ITS TERMINATION.
- LIMITATION OF LIABILITY
- 9.1 Subject to condition 8 the following provisions set out the entire liability of the Company (including any liability for the acts or omissions of its employees, agents and subcontractors) to the Buyer arising from any breach of these Conditions and any representation, statement or tortious act or omission including negligence arising under or in connection with the contract.
- 9.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by sections 7, 8 and 11 of the Consumer Rights Act 2015) are, to the fullest extent permitted by law, excluded from the contract.
THE BUYER'S ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF THE FOLLOWING CONDITIONS
- 9.3 Subject to condition
- 9.2 the Company shall not be liable to the Buyer for any loss of profit, loss of business, loss of goodwill, reputation, anticipated savings or revenues or any indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer and the Company's entire aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of a contract shall not exceed the price of the Goods supplied.
- 9.4 The Buyer acknowledges and agrees that except as expressly provided in this Condition 9, the Company shall not be under any liability of any kind whatsoever and howsoever caused arising directly or indirectly in connection with this agreement.
- 9.5 The Buyer acknowledges and agrees that the allocation of risk contained in this contract is reflected in the price agreed by the Company and the Buyer.
- 10.1 The Company reserves the right to accept or refuse any order and to cancel any uncompleted contract with the Buyer or to suspend in relation to a delivery under any contract if the Buyer fails to observe or perform any of these Conditions.
- INDEMNITY The Buyer shall indemnify the Company against all damage or injury to any person firm or Company against all proceedings charges and expenses for which the Company may become liable in respect of the Goods supplied by or on behalf of the Company except to the extent that such liability has been expressly admitted in these Conditions.
- 12.1 All patent, copyright, design, registered or unregistered trademark, confidential information, know-how or industrial or intellectual property rights ("Intellectual Property Rights") in all Goods and in the names "Helium", “Heliumformen”, “Freshman”, “Cardinal”, “Iceman”, “ZeroG” and any other logos or trademarks appearing in or on or used in relation to the Goods shall remain vested in the Company and no right to licence or other rights are granted under any contract to the Buyer in respect of any Intellectual Property Rights except the right to resell the Goods in accordance with these Conditions.
- 12.2 In connection with the promotion, advertisement and marketing of the Goods the Buyer shall only use such advertising, promotional and selling materials and/or activities as are approved in writing by the Company and shall observe all directions and instructions given to it by the Company in relation to the promotion, advertisement and marketing of the Goods.
- 12.3 The Company reserves the right to defer the date of delivery or to cancel a contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the performance of any of the Company's obligations in relation to the Goods due to circumstances beyond the Company's reasonable control including, without limitation, restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, and the Company shall not be liable to the Buyer.
- 12.4 Each right or remedy of the Company under any contract or these Conditions is without prejudice to any other right or remedy of the Company whether under any contract, these Conditions or not.
- 12.5 If any provision of a contract or those Conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of any contract and the remainder of such provision shall continue in full force and effect.
- 12.6 Failure or delay by the Company in enforcing or partially enforcing any provision of any contract will not be construed as a waiver of any of its rights under the contract, and no waiver by the Company of any breach by the Buyer of these Conditions and no indulgence granted by the Company to the Buyer or otherwise shall affect the right of the Company in respect thereof or any subsequent breach and any waiver by the Company of any breach of any provision of the contract by the Buyer will not be deemed a waiver of any subsequent breach and will in no way affect the other terms of the contract.
- 12.7 The Buyer shall not be entitled to assign the contract or any part of it without the prior written consent of the Company. The Company may assign the contract or any part of it to any person, firm or Company. The parties to any contract do not intend that any term of the contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it. The formation, existence, construction, performance, validity and all aspects of the contract shall be governed by Indian law and the parties submit to the exclusive jurisdiction of the Indian courts.
- 13.1 All communications between the parties about a contract must be in writing and delivered by hand or sent by registered post or sent by facsimile transmission and (in case of communications to the Company) to its registered office or such changed address as shall be notified to the Buyer by the Company; or (in the case of the communications to the Buyer) to the registered office of the addressee (if it is a Company) or (in any other case) to any address of the Buyer set out in any document which forms part of the contract or such other address as shall be notified to the Company by the Buyer.
- 13.2 Communications shall be deemed to have been received, if sent by pre-paid first class post, 2 days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting), if delivered by hand, on the day of delivery or if sent by facsimile transmission on a working day prior to 4.00 p.m., at the time of transmission and otherwise on the next working day.
- FRAUD CHECKS
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the law.