This document is an electronic record in terms of Information Technology Act, 2000 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.
Please review these Terms carefully before using the Services because they affect your rights. By using any of the Services, you accept these Terms and agree to be legally bound by them.
2. RIGHT TO CHANGE:
We reserve the right to discontinue or change any service or feature on the Website at any time and without notice.
3. YOUR RESPONSIBILITIES/LIABILITIES:
You may use the Website for lawful purposes only. You may not submit or transmit through the Website any material, or otherwise engage in any conduct that:
• violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
• is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
• victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• impersonates any person, business or entity, including the Company and its employees and agents;
• contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
• encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
• You may not use the Website in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of Website. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce the Terms.
You may not use the Website or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including but not limited to e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use the Website to violate the terms of this section. We may terminate your access or use of the Website immediately and take any other legal action if you, or anyone using your access to the Website violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.
• PROPRIETARY RIGHTS
• We, our suppliers, and our users who lawfully post text, messages, information, software, images, audio and video, etc. (“Content”) on the Website own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, we own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our colour combinations, button shapes, and other graphical elements on the Website are our trademarks.
• This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the designs, content, layout, look, appearance and graphics and its reproduction is prohibited.
• LICENSE TO USE
• Unless otherwise stated, the Company and/or its licensors own the intellectual property rights in the Website and material on the Website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.
• You must not:
• republish material from this Website (including republication on another Website);
• sell, rent or sub-license material from the Website;
• show any material from the Website in public;
• reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose; re-distribute material from this Website except for content specifically and expressly made available for redistribution;
• Where content is specifically made available for redistribution, it may only be redistributed within your organization; and/or
• Any such use of the Website and/or its material, otherwise which shall be opposed by us.
• On request of registration information from you to set up a user account, you must provide us with accurate and complete information and must update the information when it changes.
• You are responsible for maintaining the confidentiality of your user account login names and passwords, and must not permit use of your account by anyone. You accept responsibility for all activities, charges, and damages that occur under your account, including unauthorized use of your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We are not responsible for any loss or damage resulting from unauthorized use.
• Sweepstakes, contests, and promotions on the Website may also have additional rules and eligibility requirements, such as certain age, amount of purchase, geographic area restrictions, etc. You are responsible for complying with these rules and requirements.
• Any transaction both effected and completed through the Website will apply to such Terms.
• At this point, both parties are subject to the Terms.
• Unless otherwise stated, all payments are quoted in Indian Rupees. You are responsible for paying all fees as well as all applicable taxes for services of the Website.
• Further, we are not responsible for any loss or damage arising directly or indirectly to you due to lack of authorization for any/a transaction, exceeding the preset limit mutually agreed by you and between your bank/s, or any payment issues arising out of the transaction, or decline of transaction for any other reason/s. using third party banking/money exchange services.
• We reserve the right to cancel any order at Company’s sole discretion, under a situation where we are not able to meet the requirement of the order placed or order so placed/cancelled does not comply with our policies or for any other reason. However, we will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund will be made in reasonable time.
• TRANSACTION PRICE:
The price of the goods and/or services availed for purchase by the buyer shall on every transaction of the buyer additionally include, if applicable, Goods and Services Tax (GST), the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses, if any in respect thereof and any other amount charged by the Company.
• An order shall be delivered within 3 – 4 weeks of such order receipt by the Company. Such timeline shall be subjective to the discretion of the Company and changes, if any, will be informed by the Company to the buyer/purchaser/customer upon receipt of such order by the Company.
• Shipping charges will be charged for shipping within India at a fixed rate. Shipping charges for shipping to the United States of America and countries outside India will be charged at INR 3000/- + additional charges, if any, subject to weight and address location.
RETURNS AND REFUNDS POLICY:
a. In general, an item may be eligible for return/partial return, if a complaint is raised within the period of 48 (Forty Eight) hours (or as per the period mentioned specifically for that product on the website) of receipt of the order by the customer, if it fulfils one or more of the following conditions:
(i). Was delivered in a physically damaged condition;
(ii). Has missing parts or accessories; and/or
(iii). Is entirely different from what was ordered.
b. An item shall not be eligible for return in event of any of the following conditions:
(i). It is marked as “non-returnable”;
(ii). It is no longer needed by the customer;
(iii.) It is an already exchanged item;
(iv). The order was wrongly placed due to the customer’s mistake;
(v). The customer does not like any aesthetic aspect of the item ordered as is; or
(vi). The order was customized as per the customers requirement.
c. All items shall be returned in their original condition, in the original manufacturer’s box/packaging as delivered to the purchaser by the Company to the Company within __ (____) working days from the authorisation of the Company.
d. The item shall be returned by selection of an option to deliver at _____________[Address]___________________. The link for the same is available on our Website at ______[LINK]_____________. The cost of such reverse shipping and return to the Company shall be borne by the customer concerned.
e. If the customer’s returned order has been approved for refund and such customer has paid for the order using bank account/credit card/debit card, then the refunded amount gets credited to his/her bank/credit card account within 15 (fifteen) business days from the date of approval for such refund.
f. The customer’s refund is subject to quality check for application of the above stated exceptions and at the discretion of the Company.
The Company appointed logistics partner shall provide various services such as collection and delivery of items or such other services that the Company may require. In such services being provided by the logistics partner, it is to be understood that the Company shall be not be held liable for any act of default by the respective logistics partner.
WEBSITE SECURITY RULES:
• Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “spamming”, “mail bombing” or “crashing”, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
• This Website is designed for parties who can legally make binding contracts under applicable law. Therefore, minors are allowed to use, access, or register as a user on this Website with guardian or parental permission. We further take no responsibility for any order placed/ refund claimed by any minor, any person of unsound mind, unauthorized agents and/or any person otherwise incompetent to place such order/claim refund.
• You are also expected to follow all laws and regulations that may be associated with any of the activities involved with the use of the Website. You are also expected to pay for any statutory fees or applicable taxes that may be associated with the activities from this Website.
PUBLIC ACCESSIBLE CONTENT:
Certain areas of the Website may allow you to post content that can be accessed and viewed by others, including the public in general. You may only post content to public areas on the Website that you created or that you have permission to post. You may not post content that violates the Terms. We do not claim ownership of any content that you may post. However, by submitting content to public areas of the Website, you grant us, our affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this content in any medium.
• MONITOR: You agree that we are not liable for the content that is provided by others. We have no duty to pre-screen content, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material.
• PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please contact us to report the possible copyright infringement.
• HYPERLINKS Website may include links to third party Websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on Website are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser. You may not create a link to this Website from another Website or document without the Company’s prior written consent.
DISCLAIMER OF WARRANTIES:
• We provide the Website “as is” and “as available.” We make no express warranties or guarantees about the Website. To the extent permitted by law, we and our suppliers and affiliates disclaim implied warranties that the Website and all software, Content, services and products distributed through the Website are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing.
• Without prejudice to the generality of the foregoing paragraph, we do not warrant that:
• this Website will be constantly available, or available at all; or
• the information on this Website is complete, true, accurate or non-misleading
• Nothing on this Website constitutes, or is meant to constitute, advice of any kind.
LIMITATION OF LIABILITY:
Your sole and exclusive remedy for any dispute with us is to discontinue your use of the Website. Our liability, or the liability of our affiliates and our suppliers for any and all claims relating to the use of the Website is limited to the amount of charges/fees, if any, paid by you to the Company for a specific service. We, our affiliates, and our suppliers shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the Website, services provided by the logistics partner, services provided through the payment gateway on the Website or any other services of the Website arising from your use of, inability to use, or reliance upon Website. The Company, its associates, affiliates, service providers and technology partners make no representation or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided or on through the use of the Website or that the operation of the Website or the Logistics partner will be error free and/or uninterrupted. The company provides no guarantee to its users in respect of the products sold on the Website. We assume no liability whatsoever for any monetary or other damage suffered by you due to delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Website.
INDEMNIFICATION: Upon a request by us, you agree to defend, indemnify, and hold harmless us and our affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, demands and expenses, including attorney’s fees, and penalties imposed, if any, that arise from your use or misuse of the Website, breach of the Terms including rules and policies incorporated herein under any applicable law.
We make no representation that the Content on the Website is appropriate or available for use in locations outside India, and accessing it from territories where the Content is illegal and/or prohibited. If you choose to access the Website from a location outside India, you do so, on your own initiative and you are responsible for compliance with local laws.
• Without prejudice to the Company’s other rights under the Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your Internet Protocol address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
• Further, it is clarified that unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.
• SEVERABILITY: This contract and any supplemental terms, policies, rules and guidelines posted on Website constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
• TERMINATION: Your right to use the Website automatically terminates if you violate these Terms or any rules or guidelines posted in connection with the Website. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Website, for any reason, with or without notice.
• GOVERNING LAW AND JURISDICTION:
• These Terms and all claims arising from or related to your use of the Services will be governed by and construed in accordance with the laws of India and Courts in Mumbai shall have the exclusive jurisdiction.
• Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
• We shall not be liable by reason of failure or delay in the performance of our obligations under the Terms if such failure or delay is caused by acts of God, war or any other cause beyond its control and without our fault or negligence provided.
• No changes to these Terms shall be made except by a revised posting on this page.
If you do not agree to these Terms, you should immediately stop using the Website. If you want to delete your account on the Website, please use contact instructions posted on the Website at which you obtained the account.
The term ‘________________’ ‘Company’, ‘us’ or ‘we’ refers to the owner of the Website, i.e. www._____________.
The Company does not endorse any vendor or other party that a user found on the Website.
The Company does not warrant that the Website will operate error-free or that the Website and its servers are free of computer viruses or other harmful mechanisms. If your use of the Website or the goods or the materials displayed on the Website result in the need for servicing or replacement or such other services, the Company is not responsible for those costs. The Website and its services are provided on an “as is” basis without any warranties of any kind. The Company to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. The Company makes no warranties about the accuracy, reliability, completeness, or timeliness of the works, services, software, text, graphics, goods and links on the Website.
In no event shall the Company, its suppliers, or any third parties mentioned on the Website be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Website and the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages.
The items shall vary from the picture representations provided by the Company and/or items displayed and/or images and/or colour combinations and/or customizations listed and/or otherwise anything specified on the Website. Further, the product images shown on the Website may represent the range of product, or be for illustration purposes only and may not be an exact representation of the product.
All designs used by the Company are inspired and/or adapted versions and bear no resemblance to any existing persons, places, animals, things, locations, ethnicities, cultures, folklore, etc. Any resemblance to actual persons, living or dead, or actual events is purely inspirational.
The actual colour may vary from the shades displayed on the Website. A variation in the colour shade may occur due to different shades of a colour being reflected under different light and through different mediums.
The customer agrees to allow the Company to freely use images, testimonials, photographs, videos, etc. for promotional purposes that have been shared by the customer with the Company.
The customer shall be held responsible and liable for any and all information, content, material, images, photographs, videos, graphics, designs, etc. shared with the Company for availing the products and services of the Company or otherwise, if at all it is found to be infringing of the rights of any third-parties.
__________ __________________ _________________ (the “Company”) fully respects your right to privacy and would like to safeguard the information you provide to the Company and will not use or collect any personal information on this Website without your permission. Any Personal information which you voluntarily submit/provide to the Company will be treated with the highest standard of security and confidentiality and shall be used strictly for the purposes of the services provided by the Company and Website only. By using the Website, you consent to the data practices described in this statement.
Collection and Use of your Personal Information
The Company will also use your Internet Protocol address and e-mail addresses to help diagnose problems with the Company’s server and to administer the Website. If you don’t want your personal information to be displayed to third party visitors you need to contact the Company in that behalf. Please remember that any information that is disclosed in the public areas of this Website becomes in fact public and you should exercise caution when deciding to post your personal data.
Additionally, the Company further states that the Company tracks down some traffic data. Each time a visitor comes to the Website, the Website’s server logs some basic technical information such as browser and platform, visitor’s domain name, referral data, etc. The Company is also processing the visitor’s activity through the Website. All this information is statistical and doesn’t allow the Company to identify you or contact you in any way. Also, the Company uses third-party advertising companies to serve ads when you visit the Website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, contact the Company.
Compliance with Laws
The Company co-operates with mandated government and law enforcement agencies or to any third parties by an order under law for the time being in force to enforce and comply with the law. The Company will also disclose any information about you to the government and law enforcement agencies or private parties without your permission as the Company, in its sole discretion, believes it to be necessary or appropriate to respond to valid claims and legal processes, to protect the property and rights of the Website or a third party, to protect the safety of the public or any person, or to prevent or stop any illegal, unethical or legally actionable activity. The Company may also provide your information to various tax authorities upon any demand or request from them. Unfortunately, no data transmissions over the internet can be guaranteed to be completely secure. As a result, while we strive to protect your personal information, the Company cannot ensure or warrant the security of any information you transmit to the Company via the internet, and you do so at your own risk. Once the Company has received your transmission, the Company will use its reasonable endeavour to ensure its safety & security on the Company’s systems. Nothing contained in this policy is intended to create a contract or agreement between the Company and any user providing identifiable information in any form.