Terms And Conditions

Once an order is placed, the customer is bound to strictly abide by the terms and conditions of the various policies specified herein and also the covenants given on the Terms & Conditions webpage. Any act/omission on the part of such a customer in contrary to the same including delay in payment, shall be considered as a breach of contract between the customer and Kapoor Optical Co. . Further, we may demand immediate return of the product(s) ordered by such a customer.

In case a customer commits a breach in terms of the contract between him/her and Kapoor Optical Co. , he/she accepts that damages may not be an adequate remedy and thus, Kapoor Optical Co. shall be entitled to seek an injunction, restraining order, right for recovery, suit for specific performance or such other equitable relief as a court having competent jurisdiction may deem necessary to prohibit from committing any violation or to enforce the performance of the terms, conditions, representations and obligations contained herein and given on the Terms & Conditions webpage by such a customer.

All ownership rights pertaining to the products displayed on our website shall remain vested in Kapoor Optical Co. , until all the contractual obligations of the customer towards us have been fulfilled to our complete satisfaction.

Content and images of people, places and/or products posted on our website are either the sole property of Kapoor Optical Co. or are used herein after seeking expressed permission.

Kapoor Optical Co. may modify its various company policies and its terms and conditions given on the Terms & Conditions webpage from time to time without serving any advance notice. We shall keep you updated about any such modification as far as practicably possible for your easy reference and understanding.

Once an order is placed, the respective rights and contractual obligations of the customer cannot be assigned to any third party without the prior written consent of Kapoor Optical Co. 

In case of any dispute arising between the customer and Kapoor Optical Co. in relation to their contractual obligations, such a dispute shall be referred to and settled firstly by mediation, then followed by arbitration (if need be and at the sole discretion of our company) in accordance with the (Indian) Arbitration and Conciliation Act, 1996, any amendments made thereto and rules framed thereunder. With respect to the same, a sole arbitrator shall be appointed by Kapoor Optical Co. who shall decide on the dispute and give his/her verdict within fifteen (15) days from the issue of notice of such dispute. The place of arbitration shall be Kolkata and any award whether interim or final, shall be made, and shall be deemed for all purposes between the parties to be made in Kolkata. The arbitral procedure shall be conducted in the English language and any award(s) shall be rendered in English. The procedural law of the arbitration shall be the Indian law. The cost of the arbitration proceeding(s) shall be borne by the customer and our company on equal sharing basis, and also as per the arbitration award(s).However, if arbitration fails, then the matter in dispute shall be referred to in the court of law within Chandigarh  jurisdiction only.

The contractual obligations between the customer and Kapoor Optical Co. shall be governed by and construed in accordance with the laws of India, and the courts at Kolkata shall have non-exclusive jurisdiction on the terms and conditions governing the same.

In the performance of the terms and conditions elaborated herein and as given on the Terms & Conditions webpage, the customer and Kapoor Optical Co.  shall be and act as independent parties. Nothing given herein shall be deemed to constitute a partnership, joint venture, agency or employment relationship between the customer and our company. Neither party shall be entitled to assume any obligation on behalf of or in the name of the other party.

If any term and/or condition as specified herein or as given on the Terms & Conditions webpage is/are held by a court of competent jurisdiction to be invalid, void or unenforceable, then the remainder of the terms and conditions shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

In case any online purchase is made by a customer through unethical means, like by taking advantage of technical glitches or misusing the offer terms, guidelines, codes, etc.; then Kapoor  has the right to cancel such an order or take stern action (legal or otherwise) against such a customer at the sole discretion of its management.

Kapoor Optical Co. shall not be held accountable for making payments or refunds against any incidental or consequential damages payable by the customer.

Ordered product(s)shall be replaced by Kapoor Optical Co. at its sole discretion, depending upon the nature of defect(s).

The terms and conditions of the company policies specified above shall be valid only when the customer makes a genuine and lawful purchase through our company website, i.e. on http://kapooropticalco.com/