SRSBAY: TERMS AND CONDITIONS FOR USE OF OUR ONLINE MARKETPLACE

This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.srsbay.com website. 

Definitions and Headings - The definitions, headings and subheading herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the TOS or the right to use the Website by the User contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever. "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‚ novated‚ supplemented‚ varied or replaced from time to time." "srsbay"/ "Site"/ "Website" / "srsbay.com" / "etail" means the Online Shopping platform owned and operated by Arha Retail Place Private Limited (OPC )‚ which provides a venue to the users of srsbay.com to buy or sell the products listed on srsbay.com, the Online Shopping. "Merchant" / "Vendor"/"Seller" shall mean the merchants or who shall sell the products to the customers on the srsbay.com website. "Customer" / "Buyer" shall mean the person or any legal entity who accepts the offer for sale on bressencials.com, the Online Shopping by placing an order for and or purchases any products offered for sale on srsbay.com, the Online Shopping. "User"/ "You" / "Your" means and includes you and/or Vendor Development Associates or Category Independent Contractor(CIC)-State-Wise(SW) or Affiliates or any person or an entity including Merchant/Vendor/Seller/Customer/Deliverer/Contractors and so on using or accessing the services provided on this Site. "Territory" shall mean the Republic of India. "Overseas" / "International" means other than the Republic of India. "Product's " means the goods, services promoted / displayed on the Site and offered for any use / sale. Sellers / Contractors required to furnish certain documents for authorization & further need to sign additional agreements based on their respective roles as and when required; This Internet Web Site User Agreement (the "Agreement") is between you and bressencials.com owned by "Arha Retail Place Private Limited (OPC)" with registered office at 301 T.V.K.Residency, Journalist Colony, Road No.3, Banjara Hills, Beside TV9, Office Lane, Hyderabad-500034, Telangana, India. Your use of the Company's Internet Web Site (the "www.srsbay.com") is subject to the following terms and conditions of use: 

(1) YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. Use of the Web Site signifies your unconditional agreement to the terms and conditions of this Agreement. If you do not agree to these terms and conditions of use, do not access or otherwise use this Web Site. 

(2) Age Barrier - You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors etc. are not eligible to use this site. If you are a minor i.e. below the age of 18 years, you must not transact on the website. Being a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. 

(3) No Registration Compulsion - As long as you have not decided to buy the products then no registration is an obligation. You can add items to the cart before signing up or registering an account. Once you have selected the products you want to purchase then you must sign up to get them delivered to your address. The registration of an account is an one time arrangement for a first time user of this website and thereafter as and when the user wants to purchase online can easily log in without entering the personal details again and again. Also, the user will be provided with a portal for her or him to keep their personal information up to date. The registration also helps in Order Tracking. Sign up as a Guest and checkout if you do not want to register. 

(4) Acceptance of Terms of Use - This Agreement shall continue to be in full force for as long as you are using the bressencials.com online service. srsbay.com online services provides online shopping platform in regard to certain merchandise wherein the user can purchase/buy the merchandise listed on the srsbay.com Online Services pursuant to the terms and conditions set forth below. By clicking on the [Agree and Continue] button‚ you are agreeing to use the Services in a manner consistent with and abide further by the terms and conditions of this Agreement‚ our Privacy Policy‚ and other Policies and Practices with all applicable rules and regulations of this website.

(5) Sales Territory - The offer is applicable for customers in India and the delivery can be made only within the geographical territory of India as and where applicable. 

(6) Order Acceptance - In our Website your online orders are mere offers, and neither the charging of your credit card, debit card, internet banking constitutes a binding contract of sale. We are bound by a contract of sale only when your order is accepted and we acknowledge your payment by credit card via email sent by us to you. If we reject your order, you will not receive any email from us . 

(7) Warranty - The statements in the Online Shop and any informational material, as well as product descriptions, are for information only and not warranty of a particular quality of the purchased products, unless particularly specified otherwise. 

(8) Offer - The Shopping Cart page shows the description, quantity and price of the items you place in your shopping cart. In the course of placing your order, you will be asked to provide personal information and shipping instructions. On the Information Summary page, you may view all relevant information you entered. To continue with your order, you must read the Terms and Conditions and tick the box if you agree. 

(9) Currency - All the prices in this website are in Indian Rupees. (10) eCommerce Retail Price - All our prices are inclusive of Value Added Tax (VAT), taxes and duties and other statutory fee/cess or any other charges levied there in from time to time. The price is valid when your order is accepted. (10) Shipping Charges - The shipping charges are not included in the pricing which will be paid extra or may be free. On the other hand the options of shipping charges will be in accordance with the notification or as declared on this website. 

(11) Price Correction - We reserve the right to correct any price, typographical or other errors, and will notify you accordingly, giving you the option to cancel or to proceed with your order based on the correct price or other entry. (

12) Services and its Fees - Membership on the Site is free. We reserve the right to charge listing fees for certain listings, as well as transaction fees, marketing fee based on certain completed transactions using our Services. We further reserve the right to alter any and all fees from time to time, without notice. 

(13) Payment Methods - Payments are made only by credit card, debit card, internet banking in the secure environment of a reputable Payment Service Provider. You will find payment made to us on your bank statement under the name " M/s. Arha Retail Place Private Limited ( OPC )". No additional costs are charged for credit card payments. In making a binding offer, your authorization to debit your credit card is required; however, authorization to debit payment does not constitute acceptance on our part of your order nor does it constitute a contract of sale between you and www.srsbay.com. SRSBAY only facilitates such a transaction by way of this medium of sale and purchase through this website. 

(14) Payment Authentication - The SRSBAY.COM upon successful verification of your payment information, it will process the order or orders to affect the despatch or despatches to the respective location with address provided or notified by you. Orders of several products may be shipped together or separately.

(15) Delivery Subject to Address Specific - All the consignments shall be consigned to the specific address ( with complete postal & physical address ) only and not to person and time specific ( without any postal and physical address ). Under any circumstances the company will not accept orders from any customers on collection basis from the vendors / sellers. 

(16) Sales / Invoice / Delivery Place - All the sales are within the republic of India and hence the invoicing, packing list and consignment will made within India alone. You are responsible for the correctness of all shipping information notified to bressencials.com. You are further responsible for all charges and costs consequent to the shipment made to an erroneous address notified/provided by you.

(17) Despatch of shipments - All the consignments will be despatched within the estimated time shown as per nearby food deliveries from the date and time of our receiving your commercially clear order.

(18) Returns - The returns are valid subject to when you cancel your order within 1 hr ( one hour ) after delivery & and then place a separate order within 24 (twenty four) hours from the date of your receiving the consignment in your hands. In other words, you need to notify your cancellation within 1 hr ( one hour ) from the time and date of delivery followed by an order placement within 24 (twenty four) hours from the date of your receiving the consignment in your hands. All products are to be returned within 24 hrs ( twenty fours ) from the date and time of delivery. No refunds or exchanges are accepted after 24 (twenty four) hours.

In all valid returns, your goods must be unused and in the same condition with original packaging that you received it including the packing list and invoice. Any deviation will not be eligible for returns. More than a few types of goods are exempt from being returned. Perishable goods such as food, flowers, Printed material or magazines, Custom made software, logos, cannot be returned or cancelled. We also do not accept products that are intimate or sanitary goods, sprays and deodorants or flammable liquids or gases. Other non-returnable items: Gift cards Downloadable software products Some health and personal care items To complete your return, we require a receipt or proof of purchase. Please do not send your purchase back to the manufacturer until our advise. There are certain situations where only partial refunds are granted: (if applicable) Book with obvious signs of use CD, DVD, VHS tape, software, video games, cassette tape, or vinyl record that has been opened. Any item not in its original condition, is damaged or missing parts for reasons not due to our error. Any item that is returned after more than 3 days of our acceptance of returns. Refunds (if applicable) Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed within 10 working days, and a credit will automatically be applied to your credit card or original method of payment, within a 10 working days after adjusting, if any, either the applicable shipping or transaction charges or both which are to be born by you for returns based on the type of cancellation.

Late or missing refunds (if applicable) If you haven't received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you've done all of this and you still have not received your refund yet, please contact us at rf@srsbay.com or to the vendor mail as applicable based on your purchases on  the  Sale items (if applicable). Only regular priced items may be refunded, unfortunately sale or discounted items cannot be refunded. Exchanges (if applicable) We only replace items if they are defective or damaged or the product received is different or not in line with that of your order placed. If you need to exchange it for the same item, send us an email at retexch@srsbay.com or to the vendor mail as applicable based on your purchases and send your item to: The Consignor address that is indicated in your packing list /invoice. Gifts If the item was marked as a gift when purchased and shipped directly to you, you'll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you. If the item wasn't marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return. Shipping To return your product, you should mail your product to: The Consignor address that is indicated in your packing list /invoice. All vendors will be responsible for paying the shipping costs for returning the supplied defective or damaged items or products that are different from that of customer's order. Shipping costs are non-refundable and hence the respective merchants must bear all the shipping costs including for any replacements. If you receive a refund, the cost of return shipping will be deducted from your refund. Depending on where you live, the time it may take for your exchanged product to reach you, may vary. If you are shipping an item over Rs.3000.00, you should consider using a track able shipping service or purchasing shipping insurance. We don't guarantee that we will receive your returned item. 

(19) After having placed a confirmed order by the buyer and by any chance if the merchant has not despatched or delayed in delivery and as a result the buyer has a right to cancel the order and request for refund. In that situation the money is refunded to the buyer or customer but all the transaction and marketing fees will have to be borne by the merchant which will be debited from the balance of merchant's account or in the event of no balance the merchant has to transfer the fees amount electronically to the srsbay.com current account within 7 ( seven ) working days. Failing which we are bound to take necessary action to recover the fees including all costs, interest and legal fees. The accounting details would be given separately by our finance and accounts department separately at the time of contract. 

(20) You represent that you have read understood and agreed our Privacy Policy. 

(21) The Company may gather, process and use information and materials received from you (e.g., name, physical address, e-mail address) or collected through your use of the Web Site for any lawful reason or purpose. 

(22) The Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the Company's sole discretion are objectionable or in violation of this Agreement. 

(23) Customer Support - If you have any questions or comments, just let us know and we'll be happy to help or implement. You may please do this by sending an email to customersupport@srsbay.com. 

(24) From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website. 

(25) Merchant / Vendor / Seller - You shall not attempt to or circumvent or manipulate our Fee structure, the billing process or Fees including unsettled bills to SRSBAY.COM  as detailed and agreed in MOU signed by merchants / sellers. 

(26) Communication Channel - Our website "www.srsbay.com" is a channel of communication whereby the Users can reach a larger base to buy and sell items or services. The  is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall any right, title or interest over the items vest with bressencials.com nor shall bressencials.com have any obligations or liabilities in respect of such contract. SRSBAY is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered, returned undelivered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply/till stock lasts. 

(27) Payment to Vendors / Sellers - All online payments are taken care by bressencials.com on behalf of vendors and hence the merchants have no role in dealing with it. Our company process online payments on behalf of merchants and remit the money to merchant's account after withholding our fees & any other charges from the closing value of the orders as set forth in MOU. All the merchants are required to furnish necessary banking and accounting information for opening & activation of online bank transfer account. The funds are transferred by electronic means to the respective merchant's bank account every week on Friday / Saturday for all orders completed at least one week prior to payment day i.e., Friday / Saturday, unless & otherwise separately in MOU. However, as and when any changes takes place in payment structure shall be notified in this agreement accordingly. 

(29) Indemnity - As a user, you hereby agree to defend, indemnify and hold harmless the Company, and all its officers, directors, agents, employees, information providers, affiliates, licensors and licensees from and against any and all liabilities, claims, penalties, losses, damages, cost and expense (including court costs and reasonable attorney's fees, interest expense and amounts paid in compromise or settlement), suits or actions arising out of or resulting from any breach by you of this Agreement, including the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defence of any claim. 

(30) Copyrights Protection - The Web Site is protected by one or more copyrights pursuant to Republic of India copyright laws, international conventions and other intellectual property laws. You will abide by any and all copyright notices, trademark notices, ownership information or restrictions contained in any Content on the Web Site. You may download and make copies of the Content and other downloadable items displayed on this Web Site, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content on the Web Site for reproduction, redistribution or publication to third parties for commercial purposes is expressly prohibited without prior written permission from the Company. All rights to the Company's copyrighted materials not expressly granted herein are reserved by the Company. 

(31) Amendments-The Company reserves the right, at its sole discretion, from time to time to change, modify, add or remove , suspend or discontinue any aspect of the Web Site, in whole or in part, at any time including the availability of any Web Site feature, database or Content. The company may also impose limits on certain features and services or restrict your access to parts or all of the Web Site without notice or liability. Notification of changes in the Agreement will be posted on the Web Site.

 (32) You represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through the Web Site any materials which: (i) restrict or inhibit any other user from using and enjoying the Web Site; (ii) are unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or governmental regulation; (iv) violate, steal or breach the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contain a virus or other harmful or destructive elements; (vi) contain any information, software or other material of a commercial nature; (vii) contain advertising of any kind; or (viii) constitute or contain false or misleading indications of origin or statements of fact 

(33) Links - The Web Site may contain hypertext links and pointers to the other World Wide Web Internet sites and resources operated and controlled by parties other than the Company. Links to and from the Web Site to such third party sites do not imply or constitute an endorsement by the Company of any third party material or contents. 

(34) The Company does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through the Web Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. The Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Web Site. 

(35) No Warranty - THE COMPANY WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEB SITE, FOR ANY HYPERTEXT LINKS TO THIRD PARTY WEB SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. FURTHER, THE COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED, ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. THE COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR ACCESS TO THE WEB SITE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE THE PRECEEDING LIMITATION MAY NOT APPLY TO YOU. 

(36) Some comments and information on the WEB Site may be based upon the Company's management's current expectations, estimates and/or projections about the Company's markets and industries. These statements about the Company are forward-looking statements which are not guarantees of future performance and involve certain risks, uncertainties and assumptions that are difficult to predict. Therefore, actual outcomes and results may differ from what is expressed or forecasted. Among the factors that could cause actual results to differ are uncertainties in competitive pricing pressures, general domestic and international economic conditions and market demand. 

(37) By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the Web Site, you hereby grant to the Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise fully exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against the Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with such Communications. 

(38) You acknowledge that Communications involving the Web Site are not confidential and that Communications may be read or intercepted by others. You acknowledge that by submitting Communications to the Company, no confidential, fiduciary, contractually implied or other relationship is created between you and the Company other than pursuant to this Agreement. 

(39) Jurisdiction - THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE REPUBLIC OF INDIA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. YOU HEREBY AGREE AND CONSENT THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF TELANGANA. 

(40) Submissions - The Company has a long standing policy that does not allow it to accept or consider creative ideas, suggestions or materials other than those which have been specifically requested or otherwise affirmatively solicited by the Company in writing. It is the intent of this policy to avoid possible misunderstandings as to the ownership of creative ideas, concepts, suggestions or materials. If you send any creative materials, suggestions, ideas, notes, drawings, concepts or other information (collectively known as the "Information") to the Company in printed form, electronic means or otherwise, the Information shall be deemed to be the property of the Company and shall not be subject to any obligations of confidence, non-disclosure or non-usage. The Company is hereby entitled to unrestricted usage of the Information on a worldwide basis without compensation to the provider of the Information. 

(41) Entire Agreement - This Agreement constitutes the entire agreement between the Company and you with respect to your use of and access to the Web Site. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Web Site. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all of the terms and conditions of this Agreement. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give legal effect to the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or the Web Site to the same extent and subject to the same conditions as other business documents and records generated and maintained in printed form by the Company. The failure of the Company to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor bar the Company's right to enforce the provision. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. General 

(42) Relationship - None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and SRSBAY.COM  and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the User authorizes us and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed us and its agents as their agent for this purpose. Limitation of Liability - IN NO EVENT WILL SRSBAY.COM  OR ITS MERCHANTS, AFFILIATES, OFFICERS, DIRECTORS, NOMINEE, EMPLOYEES, AGENTS, BUSINESS PARTNERS OR ASSOCIATES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE SITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF SRSBAY, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. 

(43) Limitation of Liability - IN NO EVENT WILL A2ZEATS OR ITS MERCHANTS, AFFILIATES, OFFICERS, DIRECTORS, NOMINEE, EMPLOYEES, AGENTS, BUSINESS PARTNERS OR ASSOCIATES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE SITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF SRSBAY, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. 

(44) Severability - If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect. 

(45) Colour / Image Disclaimer - The information provided on this website is for general information purposes and use only. Every endeavour is made to keep the product information complete and correct, however the customer is responsible for ensuring the product they purchase is suitable for their specific requirements. For personalised service and recommendations, please contact us via email or telephone. Please note any advice given by our staff will be based on the information provided at the time by the customer and therefore our store or its associates will only be responsible for correct advice per that information, not the actual situation.

Despite every effort to provide accurate images of each product's colour and design, actual colours and design may vary slightly, due to different device screen settings, the lighting in the installation location, slight differences in product finishes over time and other factors. The store or its associates will not accept responsibility for any colour or design differences that are not factory faults. In purchasing from store, you agree to accept the small risk that there will be a slight variation between the actual colour and design, and the representation on our websites. In addition, please be aware that colours and textured finishes often vary between manufacturers; for example slightly different shades of ‘White’, different degrees of shininess, and different looks and feel for the material.

Any returns for a product due to customer dissatisfaction with a finish (that is not a fault) will need to comply with the Store’s or its associate’s Returns Policy as applicable.

(46) Notices - All notices and communications (including those related to changes in the bressencials.com, Service, termination of Service etc.,) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address: (a) If to us, at srsbay.com or at the address posted on the Website. (b) If to a non registered User, at the communication and/or email address specified in the application form availing of our Service. (c) If to a registered User, at the communication and/or email address specified in the registration form. Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.