TERMS & CONDITIONS

TERMS & CONDITIONS

Welcome to our website www.amaltascouture.com  (“We” or “Us” or “Our” or “Company”). Our registered office is located at 9, Hauz Khas Village, New Delhi 110016

We are a leading luxury fashion house in India and we provide premium Indian designer products and services to You, through Our physical store and through Our Site (defined below). You (“You” or “End User” or “User” or “Your” or “Buyer” or “Customer”) are required to read these Terms and Conditions (“Terms”) carefully since Your use of www.amaltascouture.com (“Site”) implies knowledge, understanding and acceptance of all points under these Terms. These Terms become effective upon Your use of the Site and governs the relationship between You and Us. If these Terms conflict with any other document, these Terms will prevail for the purposes of usage of the Site. If You do not agree to be bound by these Terms, You may not use the Site in any way.

Whenever there is any substantial change made to these Terms, we will intimate You of the same in writing. You are advised to regularly check for any amendments or updates to these Terms. The term “substantial change” means a change to these Terms that materially reduces the User’s rights or increases the User’s responsibilities.

Please read these Terms carefully. These Terms, as modified or amended from time to time, form a binding contract between Us and You. If You visit, browse, or shop at the Site, it is considered as “use of this Site”. In addition, when You use any current or future services of the Company or visit or purchase from any business affiliated with the Company, You will also be subject to the guidelines and conditions applicable to such service or merchant. If these Terms are inconsistent with such guidelines and conditions, such guidelines and conditions will prevail.

As a condition of using the Site, the Site requires Your permission to send You administrative and promotional emails. We will send You information regarding Your account activity and purchases, as well as updates about Our products and promotional offers. Please see Our Privacy Policy for details. You can opt out of Our promotional emails anytime by clicking the UNSUBSCRIBE link at the bottom of any of Our email correspondences and also by writing to us at contact@amaltascouture.com. The offers made in those promotional emails or messages shall be subject to change at the sole discretion of the Company and the Company owes no responsibility to provide You any information regarding such change. By placing an order, You make an offer to Us to purchase products You have selected based on standard Site conditions, merchant specific conditions, and on the terms and conditions stated below. You are required to create an account in order to purchase any product from the Site. This is required so We can provide You with easy access to print/view Your orders and Your past purchases.

The Site/Company takes no responsibility for the services or products that are sold or supplied by third party vendors. The Company provides no warranty to the End Users for the quality, safety, usability, or other aspects of a product or service that is supplied by a third party vendor and/for some services or activities that involve potential bodily harm, and for those activities, the Company takes no responsibility for the service or activity being offered, and the End User takes responsibility for his or her own actions in utilizing those services.

Description of Services

On this Site, We provide You with access to clothing, accessories, and other merchandise that can be purchased at the price mentioned on the Site for the relevant product and on terms contained herein as well as on the relevant page describing the product. We also provide You with a comprehensive assisted shopping experience. As part of our services, We help you in picking the outfit perfect for You and customise it to suit your exact needs. Our fashion experts assist you in determining the right products for Your body type, Your taste, and Your needs besides providing the information You seek about the products You wish to purchase.

General

These Terms set 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 of the terms and conditions 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 per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of 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 to change or discontinue any aspect or feature of the Site at any time, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Company may discontinue disseminating any portion of information or category of information that may change or eliminate any transmission method or may change transmission speeds or other signal characteristics.

Membership Eligibility

Use of the Site is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 being persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872. This also means minors are not eligible to use the Site. If You are a minor i.e. under the age of 18 years, You shall not register as a member of the Site and shall not purchase any items on the Site. As a minor if You wish to purchase an item on the Site such purchase or sale may be made by Your legal guardian or parents who have registered as users of the Site. We reserve the right to terminate Your membership and refuse to provide You with access to the Site if it is brought to our notice or if it is discovered that You are under the age of 18.

Your Account Details and Your Responsibilities

You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate Your account and refuse any and all current or future use of the Site (or any portion thereof). If You use the Site, You are responsible for maintaining the confidentiality of Your account and password including cases when it is being used by any of Your family members, friends or relatives, whether a minor or an adult. You further agree to accept responsibility for all transactions made from Your account and any dispute arising out of any misuse of Your account, whether by any family member, friend, relative, any third party or otherwise, shall not be entertained by the Company. Because of this, we strongly recommend that You exit from Your account at the end of each session. You agree to notify us immediately of any unauthorized use of Your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.

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.

Your Information and its Usage

“Your Information” is defined as any information you provide to Us or other users of the Site in the registration process, in the feedback area, bulletin board, WhatsApp or other chat service provided on the Site, etc. or through any e-mail feature. You are solely responsible for Your Information, and in accordance with certain features of the Site, We may only act as a passive conduit for online distribution and publication of Your Information.

The text in the following paragraphs is inserted in accordance with the Information Technology Act, 2000 and the rules framed thereunder. Please note that in accordance with the Information Technology Act, 2000 and the rules framed thereunder, in case of non-compliance with rules and regulations, agreement and privacy policy for access or usage of intermediary computer resource, the intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of intermediary and remove non-compliant information.

You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that: (a) belongs to another person and to which You do not have any right; (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; (c) harms minors in any way; (d) infringes any patent, trademark, copyright or other proprietary rights; (e) violates any law for the time being in force; (f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonate another person; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; and/or (j) creates liability for Us or causes Us to lose (in whole or in part) the services of our internet service providers (ISPs) or other suppliers.

Solely to enable Us to use the information You supply us with, You grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) license to use Your Information, in any media now known or not currently known, in accordance with these Terms and/or our Privacy Policy.

User Equipment

The User shall be responsible for obtaining and maintaining telephone, computer hardware 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.

Colours of Products

While We have made every effort to display the colours of the products on the Site as accurately as possible, We cannot guarantee that Your monitor or screen’s display of any colour will be completely accurate, as computer monitors and screens of electronic devices vary.Even finished products could have minimal colour variations during the production run, or in subsequent manufacture. You acknowledge that actual colours may slightly vary from colours displayed at the time of placing the order. No cancellations or returns shall be permitted on account of such minor colour variance.

Electronic Communications

When You use the Site or send emails or other data, information or communication to Us, You agree and understand that You are communicating with us through electronic records and You consent to receive communications via electronic records from us periodically and as and when required. We will communicate with You by email/SMS/call/WhatsApp or by an electronic record on Our Site which will be deemed adequate service of notice / electronic record.

Reviews, Comments and Feedback

While We may invite or allow Users to provide the Company with feedbacks, comments or even suggestions either on the Site or via emails/messages etc., these comments, feedback or suggestions should not be contradictory to these Terms or be in violation of any applicable laws.

We reserve the right to delete or block any message/email which is in violation of these Terms or applicable law. Further, the Company also reserves the right to suspend or deny Your access to the Site in such a scenario.

Any messages/emails with feedback, comments or suggestions shared by You become the property of the Company and You may not claim intellectual property protection on such ideas. This implies, the Company reserves the right to exclusively use such feedback, comments and/or suggestions shared by You.

License and Site Access

We grant You a limited license to access and make personal use of the Site and the service provided by it. This license does not include any right of downloading or copying of account information or content for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any content available through the Site, uploading, posting, or transmitting any content that You do 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 Our sole discretion) an unreasonable or disproportionately large load on our infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Us to prevent or restrict access to the Site. Any unauthorized use by You shall terminate the permission or license granted to you by us.

Links

The Site or third parties may provide links to other World Wide Web sites or resources. Because we have no control over such sites and resources, You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that We 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.

Product and Pricing Information

We strive to provide You with the best prices possible on products and/or services You buy from Us, however, We do not guarantee that the price will be the lowest in the city, region or geography.

Our pricing is subject to our pricing policy and the final prices shall be determined at Our sole discretion

While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. 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, We may, at our discretion, either contact You for instructions or cancel your order and notify You of such cancellation. We will have the right to modify the price of the product and contact You for further instructions using the e-mail address or telephone number provided by You at the time of registration or placing an order, or cancel the order and notify You of such cancellation. If We have to cancel an order after we have processed your payment, the said amount will be reversed back to Your credit card account/bank account.

Cancellation by Us

Please note that there may be certain orders that We are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in Your order being cancelled shall include limitations on quantities available for purchase, COD not being available at your pincode (if You opt for COD while placing an order), inaccuracies or errors in product or pricing information, or any defect in the product. We may also require additional verifications or information before accepting any order. We will contact You if all or any portion of Your order is cancelled or if additional information is required to accept Your order. If Your order is cancelled after your payment is processed, the amount paid will be reversed back to your account within 5 to 7 working days of receiving your bank account details for reversal of monies paid. No cash refund will be done at any point of time. In case of payments made via an online mode, You will opt for a chargeback only if We have been unable to reverse your monies to Your account within the timeline set out herein.

Cancellations by the User

In case of requests for order cancellations, We reserve the right to accept or reject such requests with. As part of usual business practice, if We receive a cancellation notice within 24 hours of placing the order, we shall cancel the order and refund the entire amount. If Your order is duly cancelled , the amount paid by You will be reversed to your account within 5 to 7 working days of receiving your bank account details for such reversal .We can not process a cash refund under any circumstances. We will not be able to cancel orders that have already been processed (including the order that may have been processed within the first 24 hours) or orders for which cancellation request is received after the expiry of the abovementioned 24 hours. We have the full discretion to decide whether an order has been processed or not. You agree not to dispute the decision made by Us in this regard. It is clarified that after the expiry of the first 24 hours after placing the order, You would not be entitled to cancel the order and receive a refund.

In case of payments made via an online mode, You will opt for a chargeback only if (a) You are eligible for cancelling your order as per these Terms; and (b) despite being eligible and cancelling your order, We have been unable to reverse monies paid by You to Your account within the timeline set out herein.

Refunds, Returns and Exchanges

Please refer to this link

Customization

• All custom-made orders will be non-refundable, non-exchangeable and non-returnable.

• All alterations shall be considered as customization for the purposes of these Terms.

• The basic silhouette of a product cannot typically be changed.

• Customization will be accepted in terms of adding a plain sleeve, changing neckline (wherever possible), covering a sheer part, measurements and color change.

• Any embroidery required to be done will be considered as customization and will be on a chargeable basis.

• Any product in the size XS and below, and size XXL and above will be considered custom made.

• Any early delivery order will be considered custom made.

• All customization will be subject to availability and specific confirmation.

• Customisation may be chargeable. We will inform you of the customisation charges, if any, after the details of customisation are shared by You. This may take 3-4 working days and could be after the initial / full payment for the order has been processed.

• We reserve the right to cancel or withdraw the offer to customize at any given point of time without any prior notification.

• Custom tailored outfits usually require 1 trial on an average, to get the fitting right. We recommend that You account for such trials while assessing the timelines that work for You.

• Colour customizations may have a slight difference in final result, owing to the hand dyeing process. The final result tends to have a natural colour difference which is either dark or light or a slight variant.

• Any fitting issues arising out of erroneous alteration/production will be rectified by Us. However, if a product altered/customized is as per the measurement provided, We do not take responsibility for any subsequent fitting issues. Should You need additional alteration, the same can be done subject to additional charges and the possibility and timeline for such alterations and availability of resources at Our end. It is clarified that all alterations done by Us outside India shall be on a chargeable basis, including all shipping fees.

• As mentioned above, some repairs/alterations may be chargeable. A complimentary alteration service is available on non-discounted products only in case the request for alteration has been made within one month of the delivery and such product was sold in India. This complimentary service is only available for basic alterations and not available for any orders deliverable outside India. All alterations requested after one month of the date of delivery will be chargeable.

• All alterations of discounted merchandise will be chargeable irrespective of the purchase date, value of the product or type of alteration. We will inform You of the alteration charges, after the product has been examined and the details of alteration shared by You. This may take 3-4 working days and may be after the initial / full payment for the order has been processed.

Fraudulent Use/ Transactions

We may constantly monitor the User’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing Our services fraudulently shall be liable for legal actions under applicable law and We reserve the right to recover the cost of goods, collection charges and lawyer’s fees from persons using the Site fraudulently. We reserve 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. In the event of detection of any fraudulent transaction, prior to initiation of legal actions, We reserve the right to immediately delete such an account and dishonour all past and pending orders without any liability. For the purpose of this clause, We shall owe no liability for any refunds.

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of a cardholder having exceeded the pre-set limit mutually agreed by Us with the relevant bank from time to time.

Credit Card Details

You agree, understand and confirm that the credit card details provided by You for availing of services on the Site will be correct and accurate and You shall not use the credit card which is not lawfully owned by You, i.e. in a credit card transaction, You must use Your own credit card. You further agree and undertake to provide the correct and valid credit card details to Us. Further, the said information will not be utilized and shared by Us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on You and the onus to “prove otherwise” shall be exclusively on You.

Disclaimer of Warranty

All content, products, and services on the Site, or obtained from a website to which the Site is linked (a “linked site”) are provided to You “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. We do not endorse and are not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the Site by any party other than Us, (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 we be liable for any loss or damage caused by a User’s reliance on information obtained through the Site or a linked site, or 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. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.

Limitation of Liability

You expressly understand and agree that the Company and its subsidiaries, affiliates, officers, employees, agents, shareholders and licensors shall not be liable to You 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 Site from time to time.

Indemnity

You shall to the fullest extent indemnify and hold harmless the Company, its subsidiaries and affiliates, and their respective officers, directors, shareholders, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of these Terms, or the documents it incorporates by reference, or Your violation of any law, rules or regulations or the rights of a third party.

Waiver

In the event there is a breach by the User of these Terms, and no action is taken by Us against the same, We are still entitled to exercise our rights and remedies in any other situation where a breach occurs by the User. No waiver by the Company of any term or condition of these Terms, in any one or more instances, shall be deemed to be or construed as a waiver of the same or any other term or condition of these Terms on any future occasion. Unless provided in specific writing and signed duly by the authorized official of the Company, We shall not be deemed to have waived any rights or remedies provided to Us by the law or the terms of these Terms.

Billing

The price of Our merchandise and services is inclusive of the taxes. The taxes 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. We reserve the right to collect taxes for shipping charges wherever applicable.

Cash on Delivery

• We only collect the amount printed on the invoice

• Cash on Delivery may not be available at all times on the website, or on discounted products

• Cash on Delivery (COD) may not be applicable on all pin codes

• All COD orders will be verified over a call, before being processed

• If We are not able to reach you within 3 calls, the order will be cancelled

• 100% COD may not be available on all orders. We may require You to pay an advance of upto 50% of the invoice value upfront.

• Only Indian currency will be accepted (except denominations no longer in circulation by the government)

Delivery

We endeavour but do not guarantee to deliver the products to Users within the timeline provided while accepting an order. We work with different type of suppliers (fabric mills, distributors, importers etc.) and the delivery time to Users is subject to delivery of products from supplier to Us.

Delivery of a product may be delayed due to many reasons including:

• Bad weather

• Flight delay

• Political disruptions

• Other unforeseen circumstances

• Production issues

• Operational/logistics issues

The Company shall not be held liable for any delay due to unforeseen circumstances like the ones as suggested above and You will not be entitled to any damages or monetary compensation on account of delays.

In the event of any delay of the product is expected, We may, at Our sole discretion, intimate the User who may have purchased the same, regarding such delay.

In case a customer purchases multiple Products in one order, We may deliver the same together. However, this may not always be possible and shall be subject to availability of stock. If the goods are to be delivered in instalments, each delivery will constitute a separate contract. You may not treat the contract (as a whole) as repudiated if We fail to deliver any one or more of the instalments or if You have a claim in respect of any one or more of the instalments. If You fail to take delivery of the goods, We may at our discretion charge You for the additional shipping or warehousing cost.

If You are unavailable at a certain date, You must indicate the same and any preference on email/phone to our customer experience team to ensure smooth product delivery. Once out for delivery, it will be attempted for a maximum of 3 times post which the order may be subject to cancellation and refunds will be done after deducting processing, shipping, payment gateway and warehousing cost.

Products will not be handed over by the courier before the payment is made, and returns /cancellation will have to be raised separately with our customer experience team. For international deliveries, a porch or door delivery without signature may be done. This is in line with international standards of shipping. We do not necessarily require a signature for goods delivered, at the point of delivery itself, responsibility for your purchased goods passes to You. If You have specified a third party recipient for delivery purposes (for example as a gift) then You accept that evidence of a porch delivery at the address given (or at that delivery address) is evidence of delivery and fulfilment by Us of Our obligation. Also, an optional SMS with multiple delivery options is shared by Our delivery partner wherever the service is available. Choosing an option is not mandatory, however, in the case, a Customer chooses a custom delivery option, all liabilities of service / product delivery now would transfer to the Customer, and We will be absolved of responsibility, thus evidencing delivery and fulfilment by Us of our obligation. Estimated delivery times are to be used as a guide only and commence from the date of placing the order. We are not responsible for any delays caused by third party delivery agencies and/or due to time required for statutory clearances during the delivery process.

Further, We may at times be unable to deliver confirmed order(s) to You and the reason for the same could be inclusive of but not limited to the following:

• unavailability of the relevant product;

• failure of the concerned supplier/fabric manufacturer/importer to deliver the relevant product to Us;

• poor/improper/defective quality of the relevant product ascertained through our quality audit process; and

• inaccuracies or errors in product or pricing information.

In the event of any circumstance(s) as aforementioned; You shall not be entitled to any damages or monetary compensation

Force Majeure

In case of the emergence of an event, which is beyond Our reasonable control or which could not have been foreseen under any circumstances, such as storms, tsunami, fire, floods, earthquake, outbreak of any contagious diseases, or any other acts of God or any governmental body act or industrial dispute(s), strikes, labour unrest, civil commotion, riots, terrorist attack, war, poor environment/weather conditions, mechanical break-down, obstruction of any public or private road/highway, etc., We will not be held liable for any loss or failure to perform any obligation under these Terms.

Intellectual Property Rights

The Company shall not in any event, be held liable for any intellectual property infringements which may be discovered in any product listed on the Site.

Trademarks

The trademarks, pictures, logos and service marks (“Marks”) displayed on the Site are Our property. Users are prohibited from using any Marks for any purpose whatsoever without Our prior written permission.

Copyrights

All information and content including any software programs available on or through the Site (“Content”) is protected by copyright. The Company owns the copyright in the selection, coordination, arrangement and enhancement of such Content, as well as in the content original to it. 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 other purposes.

The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of the Site are protected by copyright as a collective work under the applicable copyright laws.

Users may download / print / save copyrighted material for the User’s personal use only. 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. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material.

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.

Miscellaneous

None of the provisions of these Terms shall be deemed to constitute a partnership or agency between You and the Company and You shall have no authority to bind the Company in any manner whatsoever.

Except as explicitly stated otherwise, any notices shall be given by postal mail to Amaltas Couture, 9, Hauz Khas Village, New Delhi – 110016, or to You on the email address provided by You to Us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

If any term of these Terms shall be deemed invalid, void or for any reason unenforceable, such term shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of these Terms.

These Terms sets forth the entire understanding and agreement between You and Us with respect to the subject matter hereof.

In the Company’s sole discretion, it may transfer its rights and obligations (under these Terms) without Your prior express consent.

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 these Terms.

Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms.

Arbitration

If any dispute arises between you and the Company during Your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these Terms and/or the Privacy Policy or the documents they incorporate by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company. The seat and venue of arbitration shall be Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

Governing Law

These Terms and the Privacy Policy or the documents they incorporate by reference shall be governed and construed in accordance with the laws of India, with exclusive jurisdiction conferred on the courts in Delhi.

SPECIFIC OFFER TERMS

No two offers/codes can be clubbed.

Sale Purchase Terms (including EOSS)

• Each sale is applicable on select products and may not be applicable on all products on the Site.

• Discounts available on the Site may not be applicable to products available in store. For products available in store, sales staff shall advise

• There will be no exchange or return of products on sale or discount

• Specific sale offer cannot be clubbed with any other offer, discount or coupon code

• In case Your order consists of products on sale or discounts and full-priced merchandise, Your coupon or discount code will only be applied to the non-discounted product

• Discount will not apply on custom-tailored and early delivery orders

• Any discount changes during or after the sale will not apply to future or previous purchases

• COD orders are subject to order confirmation done via phone call or email. During sale, the timeline for the same is 48 to 72 hours. Orders not confirmed will be cancelled

Gift Cards Terms and Conditions

• A gift card will be valid for a period of 1 (one) year from the date of issue of such gift card.

• We reserve the right to reject any gift card if we suspect that the gift card has been utilized or if the promo code is invalid or if You are not the intended recipient.

• Validity of a gift card is mentioned while issuing it. Neither the validity of gift cards shall be extended nor can new gift cards be issued against the expired/unused gift cards.

• Gift cards are non-transferable and cannot, in part or in whole, be (i) redeemed for cash/gift vouchers/credit notes; (ii) refunded; or (iii) substituted.

• If the invoice value is greater than the gift card value, the Customer must pay the balance amount.

• We shall not be held liable for any unauthorised and/or fraudulent purchases made using a gift card. We presume that the person presenting the gift card is the actual and intended beneficiary of the gift voucher and shall not be required to verify whether the person presenting the gift card for redemption is the actual/intended beneficiary of the gift card. Without prejudice to aforesaid, in no event, the liability of the Company for any claims arising under a gift card shall exceed the value of the gift card.

• In order to start using the gift card, You need to register yourself on the Site.

• These Gift Card Terms are applicable in addition to the Terms of Use and Privacy Policy applicable to the Site.

• Resale of Gift Cards is strictly prohibited.

• Any unused Gift Card balance will remain associated with the redeemers account.

• Gift Cards may be used as personal or business gifts but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) without any prior information.

• By purchasing a Gift Card, you are certifying and representing to the Company that the activities in connection with which the Gift Cards will be used will comply with these Terms and all applicable laws, rules and regulations, and that the Gift Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers or the Company. In addition, you agree to defend and indemnify the Company and its subsidiaries and affiliates against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the Gift Cards or violation of any of these Terms.

• Lost or stolen cards will not be replaced.