I. Introduction
A. You (“User”) are required to read and accept all of the terms and conditions laid down in this Terms and Conditions (“Terms” or “Agreement”) and the linked Privacy Policy, before you may use www.myfashions.com (hereinafter referred to as “Site” or “we” or “our”). The Site allows you to browse, view, select, try and purchase merchandise, apparel and any accessories, display collection, build brand and manage items online (“Goods” or “Products” or “Services”).
B. These Terms are effective upon acceptance and governs the relationship between the User and myfashions.com, c/o E Retail Solutions Private Limited (“Company” and also includes its affiliates and subsidiaries, jointly and severally) and also the use of the website including wireless services or systems (“Website” or “Site”) including the sale and supply of any Products on the site. If the Terms conflict with any other document, the Terms will prevail for the purposes of usage of the Site. If the User does not agree to be bound by these Terms and the Privacy Policy, the User will not be permitted to use the Site in any way.
C. The Company provides the goods and services to the User subject to the Terms.
D. All information accessed or viewed by the User is considered confidential and is for only authorized personal or business purposes.
II. Acceptance of Terms
A. The Website is the property of one or more of the member companies and/or affiliates of the Company. By linking, referencing, using or accessing the Website, the User agrees to these Terms, including agreeing to indemnify and hold harmless the Company from all claims of any nature arising from the access and use of these websites by the User. These Terms may be changed at any time at the sole discretion of the Company. These Terms pertain to all Websites of the Company, including websites owned, operated or sponsored by any of the subsidiaries or affiliates of the Company.
B. Please read these Terms carefully. These Terms, as modified or amended from time to time, are a binding contract between the Company and the User. If the User visits, uses, or shops at the Site (or any future site operated by the Company), the User accepts these Terms. In addition, when the User uses any current or future Services of the Company or visits or purchases from any business affiliated with the Company, the User will also be subject to the guidelines and conditions applicable to such service or merchant.
C. [If these Terms conflict with any other document, the Terms will prevail for the purposes of usage of the Site. As a condition of purchase, the Site requires the User’s permission to send administrative and promotional emails. The Company will send the User information regarding the User‘s account activity and purchases, as well as updates about the Products and promotional offers. The User can opt-out of the Company’s promotional emails anytime by clicking the unsubscribe link at the bottom of any such e-mail correspondences. Please see the Privacy Policy for details. The Company shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS/MMS sent to the User. The offers made in those promotional emails or SMS/MMS shall be subject to change at the sole discretion of the Company and the Company owes no responsibility to provide the User any information regarding such change.]
D. By placing an order, the User make an offer to the Company to purchase Products selected by the User based on standard Site restrictions, Merchant specific restrictions, and on the Terms stated herein.
E. The User is required to create or login to the account or mention email ID in order to purchase any Product from the Site. This is required so that the Company can provide the User with easy access to print the orders and view past purchases and receive online image of the purchased product.
F. The Site takes no responsibility for the services or Products that are sold or supplied by third party vendors. The Company makes no warranty to their end users for the quality, safety, usability, or other aspect of a product or service that is supplied by a Merchant and the User takes responsibility for his or her own actions in utilizing the Services.
G. The Company reserves the right to make any changes to our Terms and/or our Privacy Policy as may be deemed necessary or desirable without prior notification to the User. If the Company makes changes to the Terms and Privacy Policy and the User continues to use the Site, the User is impliedly agreeing to the revised Terms and Privacy Policy expressed herein.
To read the complete Terms, please see below.
1. Description of Services
In the Site, the Company allows users to browse, view, select, try and purchase merchandise, apparel and any accessories, display collection, build brand and manage items online (“Goods” or “Products” or “Services”).
2. General
These Terms sets forth the terms and conditions that apply to the use of the Site by the User. By using this Site, the User agrees to comply with all the Terms hereof. The right to use the Site is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of their password(s), if any. The User acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the internet. While it is the Company’s objective to make the Site accessible 24 hours a day, 7 days a week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. The User understands and acknowledges that due to the circumstances both within and outside the control of the Company, access to the Site may be interrupted, suspended or terminated from time to time. The Company shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Company shall also have the right to discontinue disseminating any portion of information or change any category of information or eliminate any transmission method and may change transmission speeds or other signal characteristics.
3. Modified Terms
The Company reserves the right at all times to discontinue or modify any of its Terms and/or the Privacy Policy as may be deemed necessary or desirable without prior notification to the User. Such changes may include, among other things, the adding of certain fees or charges. Further, if the Company makes any changes to the Terms and Privacy Policy and the User continues to use the Site, the User is impliedly agreeing to the Terms and Privacy Policy expressed therein. Any such changes, deletions or modifications shall be effective immediately upon the Company’s posting thereof. Any use of the Site by the User after such notice shall be deemed to constitute acceptance by the User of such modifications.
4. Equipment
The User shall be responsible for obtaining and maintaining telephone, computer hardware, internet devices and other equipment needed for access to and use of the Site and all charges related thereto. The Company shall not be liable for any damages to the User's equipment resulting from the use of the Site.
5. License and Site Access
The Company grants the User limited license to access and use the Site and the Service. This license does not include:
- any downloading or copying of account information for the benefit of another vendor or any other third party or for self;
- caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that the User does not have a right to make available (such as the intellectual property of another party);
- uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- any action that imposes or may impose (in the Company’s sole discretion) an unreasonable or disproportionately large load on the Company’s infrastructure; or
- any use of data mining, robots, or similar data gathering and extraction tools.
The User is not permitted to bypass any measures used by the Company to prevent or restrict access to the Site. Any unauthorized use by the User shall result in termination of the permission or license granted to the User by the Company.
6. Membership Eligibility
(a) Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents, and any users suspended or removed from the system by the company for any reason. are not eligible to use the Site. If the user is a minor i.e. under the age of 18 years but is at least 13 years of age you may use this Site only under the supervision of an adult being either a parent or legal guardian who agrees to be bound by these Terms & Conditions. If your age is below that of 18 years your parents or legal guardians can transact on behalf of you if they are registered users.
(b) Users may not have more than one account. Maintaining more than one account by a user shall amount to fraudulent act on part of the user and attract actions against such user in accordance with the terms of Clause 11 below.
(c) Additionally, users are prohibited from selling, trading, or otherwise transferring your account to another party. If you do not qualify, you may not use the Service or the Site.
(d) The Company owns no responsibility in any manner over any dispute arising out of transactions by any third party using your account/e-mail provided by you to the Company or payments made by your credit card by any third party.
7. Your Account
(a) In consideration of the use of this Site, the User represents that he/she are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India.
(b) The User also agrees to provide true, accurate, current and complete information about them as prompted by the checkout page, account settings page or any other page where the user is prompted to do so. If the User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate the User account and refuse any and all current or future use of the Site (or any portion thereof).
(c) The company will protect all users Information in accordance with its Privacy Policy. If the User use the Site, the User is responsible for maintaining the confidentiality of the account and password and for restricting access to your computer, including cases when it is being used by any family members, friends or relatives, whether a minor or an adult. The User further agrees to accept responsibility for all activities including transactions made from the User account and any dispute arising out of any misuse of such account, whether by any family member, friend, relative, any third party or otherwise. The Company shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. The User agrees to notify the Company immediately of any unauthorized use of the account or any other breach of security. The company shall not be liable in anyway if the users do not completely logout from their account on the website and also from all other third party websites using related login methodology. The Company reserves the right to refuse services, terminate accounts, or remove or edit content in its sole discretion.
8. Pricing Information in case of sale
(a) The Company does not guarantee that the price will be the lowest in the city, region or geography.
(b) Prices and availability are subject to change without any prior notice. The prices mentioned on the Site are not subject to comparison with the same or similar product(s) and/or service(s) available through any online or offline sale.
(c) The pricing is subject to the Company’s pricing policy and the prices shall be determined only at the Company’s sole discretion. In some cases, the company may decide to allow any third party seller to directly decide the price of the goods they are selling on the website; in which case the prices are subject to change at the discretion of the third party.
(d) In the event that a Product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, the Company may, at its discretion, either contact the User for instructions or cancel the order and notify the User of such cancellation. The Company reserves the right to modify the price of the Product and contact the User for further instructions using the e-mail address or telephone number provided by the User during logging in/ in the account settings page/ checkout page, or the registration page or cancel the order and notify such cancellation.
(e) In the event the Company accepts the User’s order the same shall be debited from the User’s credit card account. The payment shall be processed prior to the Company’s dispatch of the Product ordered. If the Company has to cancel the order after the payment has been processed, the said amount will be reversed back to the User’s credit card account. No refunds shall be applicable on the orders made by the Customer(s) under the Cash on Delivery (“COD”) option.
9. Cancellation by the Company
(a) Please note that there may be certain orders that the Company will be unable to accept and must cancel.
(b) The Company reserves the right, at its sole discretion, to refuse or cancel any order(s) either on the products placed by the company or any third party for any reason. Some situations that may result in the User’s order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by the Company credit and fraud avoidance department or any defect regarding the quality of the Product. The Company may also require additional verifications or information before accepting any order. The Company will contact the User if all or any portion of the order is cancelled or if additional information is required to accept the order. If the order is cancelled after the User’s credit card has been charged, the said amount or some amount will be reversed back to the Card Account. The company can charge some penalty on a case-to-case basis. Any type of voucher used in these orders shall be pushed back into the User’s account in case of cancellation by the Company.
10. Cancellations by the User
(a) In case of requests for order cancellations, the Company reserves the right to accept or reject requests for order cancellations for any reason.
(b) If the Company receives a cancellation notice and the order has not been processed / approved by the Company, the Company shall cancel the order and refund the entire amount. A request for cancellation of order shall be valid and accepted only if they are made within 12(Twelve hours) of making the order on the Site.
(c) The Company will not be able to cancel orders that have already been processed or orders for which request for cancellation is made after the expiry of 12(Twelve hours) from making the order.
(d) The Company has the full right to decide whether an order has been processed or not.
(e) The User agrees not to dispute the decision made by the Company and accept the Company’s decision regarding the cancellation. In the event of cancellation of order by the User, the Company shall not refund the voucher, if any used against such order.
11. Fraudulent /Declined Transactions
(a) Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and the Company reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently.
(b) The Company reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these Terms.
(c) In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, the Company reserves the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, the Company shall owe no liability for any refunds.
12. Credit Card Details
(a) The User or the parent/guardian (if the transaction is being done by a parent/guardian in case of users less than<18 years of age) agrees, understands and confirms that the credit card details provided by the User for availing of services on the Company Website will be correct and accurate and that the User shall not use the credit card which is not lawfully owned by the User.
(b) The user further agrees and undertakes to provide the correct and valid credit card details to the Company.
(c) Further the said information will not be utilized and shared by the Company with any of the third parties unless required for fraud verifications or by law, regulation or court order.
(d) The Company will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on the User.
13. Submitted Content
(a) The Company does not claim ownership of any materials that the User makes available through the Site. At the Company’s sole discretion, such materials may be included in the Service in whole or in part or in a modified form.
(b) The User grants the Company a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sub-license such materials or any part of such materials.
(c)The User hereby represents, warrants and covenants that any materials the User may provide does not include anything (including, but not limited to, text, images, music or video) to which the User does not have the full right to grant the license specified.
14. Disclaimer of Warranty
All content, products, and services on the site, or obtained from a website to which the Site is linked ( "Linked Site") are provided to the user "as is" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. All warranties, if any, relating to the Product and Services would be provided by the manufacturer/supplier of such Product and not by the Company. Any claim in relation to the same should be raised against respective manufacturer/supplier and not the Company in any case whatsoever. The Company does not endorse and is not responsible for:
(a) the accuracy or reliability of any opinion, advice or statement made through the site by any party other than the Company;
(b) any content provided on linked sites or (c) the capabilities or reliability of any Product or Service obtained from a Linked Site.
Other than as required under applicable consumer protection law, under no circumstance will the Company be liable for any loss or damage caused by the User's reliance on information obtained through the Site or a Linked Site, or the User's reliance on any Product or Service obtained from a Linked Site. It is the responsibility of the User to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Site, or obtained from a Linked Site.
15. Limitation of Liability
The User expressly understands and agrees that the Company and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to the User for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, opportunity, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from use of the Site, sale and supply of goods, content or any related/unrelated services and other services offered on the Website from time to time.
The Company may provide, or third parties may provide, links to other World Wide websites. However, since the Company does not have control over these sites, the User agrees that the Company is not responsible for any liability resulting from the access or use of sites not owned by the Company and that the Company is not responsible for any content, advertising, product, or any other matter or issue, available through the World Wide Web, whether linked to, or from, websites of the Company. Further, the User agrees that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused by or in connection with the use of websites which the Company does not own.
16. Indemnity
The User agrees to indemnify and hold the Company (including its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, including but not limited to reasonable attorneys’ fees, or arising out of or related to the User’s breach of the Terms, or violation of any law or the rights of a third party.
17. Electronic Communication
When the User uses the Site or sends e-mails to the Company, the User is communicating with the Company electronically. The User consents to receive communications from the Company electronically. The Company will communicate with the User by e-mail, SMS or by posting notices on the Site. The User agrees that all agreements, notices, disclosures and other communications that the Company provides electronically shall satisfy any legal requirement that such communications be in writing.
18. Site-Provided Email and Postings
(a) The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site and also on Facebook. The Company and the User is under no obligation to review any messages, information or content (“Postings”) posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, the Company may from time to time monitor the Postings on the Site and may decline to accept and/or remove any e-mail or Postings.
(b) The User understands and agrees not to use any functionality provided by the Site to post content or initiate communications that contain:
(i) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
(ii) Advertisements or solicitations of any kind;
(iii) Impersonate others or provide any kind of false information;
(iv) Personal information such as messages which state phone numbers, account numbers, addresses, or employer references;
(v) Messages by non-spokesperson employees of the Company purporting to speak on behalf of the Company or containing confidential information or expressing opinions concerning the Company;
(vi) Messages that offer unauthorized downloads of any copyrighted or private information;
(vii) Multiple messages placed within individual folders by the same user restating the same point;
(viii) Chain letters of any kind;
(ix) Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to: (a) Using the Company Website invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) Using the Site to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
19. Links
The Site or third parties may provide links to other World Wide Web sites or resources. The User acknowledges and agrees that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. The User further acknowledges and agrees that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
20. Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
21. Modifications and Notification of Changes
The Company reserves the right to make changes to the Site, related policies and agreements, this Terms and the Privacy Policy at any time. If the Company makes a material modification to the Terms, it will notify the User by:
- sending an email to the email address associated with the User account. The Company is not responsible for the User’s failure to receive an e-mail due to the actions of the User’s ISP or any e-mail filtering service; therefore, the User should add the Site to the list of domains approved to send you e-mail (commonly known as “whitelist”);
- displaying a prominent announcement above the text of the Terms or the Privacy Policy, as appropriate, for thirty (30) days, is deemed sufficient notification, of such changes. After the notice of a modification to the Terms or the Privacy Policy has been posted for 30 days, the notice will be removed and a brief description of the modification and the date that it went into effect will be placed in the Modifications section at the end of the Terms. Should the User wish to terminate the User account due to a modification to the Terms or the Privacy Policy, the User may do so by sending an email with the subject line “Termination” to the following email address: This e-mail address is being protected from spambots. You need JavaScript enabled to view it . If the User chooses to continue using the Site, the User agrees that doing so will be deemed acceptance of the new Terms or Privacy Policy, as relevant. It is the user’s moral obligation to provide us the updated email address.
22. Trademarks, Copyrights and other Intellectual Property Rights
(i) Trademarks: The trademarks, logos and service marks ("Marks") displayed on the Site are the property of the Company and other respective persons. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of the Company or such third party which may own the Marks.
(ii) Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with the Company shall not be deemed to be in the public domain but rather the exclusive property of the Company, unless such site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of the Company, unless otherwise stated.
(iii) Copyright: All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
(iv) The Site contains copyrighted material, trademarks, trade secrets, patents, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of the Company protected by copyright as a collective work under the applicable copyright laws.
(v) The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.
(vi) The User is not permitted to modify, publish,download, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. However, the User may only download / print / save / share details of the product which the user already owns. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of the Company and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
(vii) The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material.
(viii) The User shall not upload post or otherwise make available on the Site any material protected by copyright, trademark, patent, proprietary rights or any other intellectual property rights, without the express permission of the owner of the copyright, trademark, proprietary right or other intellectual property rights.
(ix) The Company does not have any express burden or responsibility to provide the User with indications, markings or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked.
(x) The User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
(xi) By submitting material to any public area of the Site, the User warrants that the owner of such material has expressly granted the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.
(x) User hereby grants the Company, the right to edit, copy, publish and distribute any material made available on the Site by the User.
(xi) Copyright Policy: The Company reserves the right to remove from the Site, any content that is alleged to infringe someone's copyright.
23. Billing
[The price of the Product displayed on the website is inclusive of Value Added Tax (“VAT”) as applicable. The VAT charged shall depend upon the destination where the order has to be shipped. The tax rate applied to the order will be the combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. The Company reserves the right to collect taxes for shipping charges wherever applicable.]
24. Duration of Sale
Each sale shall last from [24 to 72 hours] only and the time of beginning of the sale is [1100 hours IST]. Therefore, it is the User’s responsibility to login earlier if they want to avail better products or styles because the Company’s sales are on a first come, first served basis. The Product might not be restocked once sold out. No information regarding the presence of any Product in the stock will be given and the Company will try to alert the User only after an item is sold out.
25. Returns and Exchange
(i) The User acknowledges that these terms of returns and exchange are limited to direct sale by the Company to the User and that these terms of returns and exchange are not available in case of a sale by third party and invoice which shall be governed by the terms of such sale. The Company may accept returns on apparel and footwear for account credit only. For this purpose the Company must receive the merchandise within 5 days from the date it was received by the User.
(ii) Items must be unused, unworn, unwashed and undamaged by the User. Goods will be accepted only if they are returned in their original packaging, including: hangers, poly bags, hang tags on garments, shoe boxes, dust bags, eye glass cases and gift boxes. No returns, refunds or exchanges will be accepted on [Accessories, Beauty and Fragrances, Home Décor, Handbags, Hosiery, Intimates, Jewellery, Leather Goods, Swimwear, Sunglasses, Vintage, Wallets and Watches] as these items are for final sale only.
(iii) The Company does not provide refund on any goods sold. Goods once sold can only be exchanged for replacement or a store credit if they meet the Terms.
(iv) In the event a particular size or design is not available in the inventory, the amount paid by the User can be used whenever the User shops the next time. All conditions applicable to return of goods shall also apply to exchange of goods.
(v) To return an item, the User must write to the Company at This e-mail address is being protected from spambots. You need JavaScript enabled to view it , a prompt response is assured to such mails. Alternatively, the User may even call at customer care during our operational hours
(vi) If the User is not satisfied with the product received, for any reason, the User may have the option to exchange and at the sole discretion of the Company and upon receiving a refund. The Company is not liable for any damages caused to the Product during transit.
26. Refund Clause
For the purpose of this clause account credit means credit issued to the User account for the entire purchase amount less the shipping costs. The User account credit can be used towards the next purchase with the Company.
27. Delivery
(i) The Company endeavours but does not guarantee to deliver the products to the User within 3-4 weeks from the day of close of sale/purchase depending upon the shipping location. The Company works with different type of suppliers (Manufacturers, distributors, importers etc.) and the delivery time to customers is subject to delivery of products from supplier to the Company. Other factors include delay in delivery through the courier partner, transporters’ strike etc.
(ii) The Company reserves the right to make delivery of the goods by instalments. If the goods are to be delivered in instalments, each delivery will constitute a separate contract. The User may not treat the contract (as a whole) as repudiated if the Company fails to deliver any one or more of the instalments or if the User has a claim in respect of any one or more of the instalments. If the User fails to take delivery of the goods, the Company may at its discretion charge you for the additional shipping cost.
(iii) Further, the Company may at times be unable to deliver the confirmed order(s) to the User and the reason for the same could be inclusive of but not limited to the following: (i) unavailability of the relevant product; (ii) failure of the concerned manufacturer/supplier/importer to deliver relevant product to the Company; (iii) poor/improper/defective quality of the relevant product ascertained through our quality audit process; and (iv) inaccuracies or errors in Product or pricing information. In the event of any circumstance(s) as aforementioned; the User shall not be entitled to any damages or monetary compensation.
(iv) In case the Company is unable to deliver the confirmed order(s) as mentioned hereinabove and the payment for such order(s) has been made by the User through NetBanking, credit/debit card, the amount paid while placing the order(s) on the Site will be reversed back in the User card account. No refunds shall be applicable on the orders made by the User(s) under the COD option.
28. Termination and Survival of Terms after Agreement Ends
The Company may terminate this Agreement at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate any passwords or accounts of the User in the event of any conduct by the User which the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by the User of this Agreement. Notwithstanding any other provisions of the Terms, or any general legal principles to the contrary, any provision of the Terms that imposes or contemplates continuing obligations on a party will survive the expiration or termination of the Terms.
29. Miscellaneous
(i) If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
(ii) The Terms and the relationship between the User and the Company will be governed by the laws as applicable in India.
(iii) Any disputes will be handled in the competent courts of Hyderabad, Andhra Pradesh, India.
(iv) The failure of the Company to act with respect to a breach by the User or others does not waive its right to act with respect to subsequent or similar breaches.
(v) Except as otherwise, expressly provided in these Terms, there shall be no third-party beneficiaries to the same. These Terms constitutes the entire agreement between the User and the Company and governs the User’s use of the Site, superseding any prior agreements between the User and the Company with respect to the Site.