If You are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, etc., we require that, before using and/or placing an order on the Website, You inform and obtain the consent of Your legal guardian or parent with regards to these terms and require their registration as a User.
Acceptance of Terms
Further, You agree to comply with all applicable laws. We shall not, in any case, be responsible for Your non-compliance with applicable laws. We shall not be liable to indemnify any third party for Your non-compliance with applicable laws.
Applicability of These Terms
Eligibility & User Accounts
In order to access the Website, You will be required to register Yourself on the Website. When You register Yourself on the Application, You are required to create an account (“Account”) by entering Your name, email address, password, phone numbers, and certain other information collected by Us (collectively “Account Information”), and is more specifically dealt with hereinafter.
To access the Website, You will compulsorily be required to register Yourself on the Website through a one-time registration process which shall be available to You on the Website. You are required to provide certain information in order to complete Your registration on the Website including, but not limited to:
- Mobile Number
- Mailing Address
- Password (encrypted)
- FB/Twitter/Instagram/Google - all/either
You hereby expressly agree, confirm and undertake that the information provided by You to ASFPL including, but not limited to the information as mentioned hereinabove, shall be true and accurate in its entirety, to the best of Your knowledge. You acknowledge and confirm that ASFPL has no way of ascertaining and verifying the accuracy of the information provided by You and ASFPL is completely relying on Your representations made to ASFPL in this regard.
We may, with or without prior notice, suspend or terminate Your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms or an infringement or violation of the rights of any third party, or of any applicable laws or regulations. You may terminate Your account at any time as described below.
We strive to provide the best prices on products You buy from the Website, however, We do not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without any prior notice. The prices mentioned on the Website are not subject to comparison with the same or similar product(s) and/or service(s) available through any online or offline sale. The pricing is subject to our pricing policy and the prices shall be determined only 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, or cancel the order and notify You of such cancellation. In the event that we accept Your order the same shall be debited to Your credit card account. The payment may be processed prior to our dispatch of the product that You have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to Your credit card account.
The price listed on the Website is the Maximum Retail Price (“MRP”) for the said product. Such MRP shall be inclusive of all applicable taxes. Additional applicable taxes may be charged depending upon the international destination where the order has to be shipped to. The tax rate applied and charged upon the order shall include combined tax rate for Central, State and local tax (if any) rates in accordance with the delivery address. The price You see on the checkout page is inclusive of shipping cost and is exactly what You would pay.
All payments made against the purchases on the Website shall be as against the price displayed on the Website. We partner with various third party Online Payment Gateway providers (including but not limited to Razorpay (for domestic transactions) and PayPal (for international transactions), which we may change from time to time) for processing payments on the Website. Use of such third-party services will be governed by their respective user agreements, terms, conditions and other rules and policies as may be required by them including in relation to storing Your payment information. We strongly recommend that You review the terms, conditions and policies of such providers prior to completing payment. Before shipping Your order, we may request supporting documents (including but not limited to government issued identification and address proof) to establish the ownership of the payment instrument used by You for Your purchase. If You fail to provide such information or provide inaccurate information, we may result cancel Your order.
While availing any of the payment method/s offered by such third party Online Payment Gateways, we are not responsible and take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to You including but not limited to the following: (a) lack of authorization for any transaction/s; (b) or exceeding the present limit mutually agreed by You and between Your financial provider; (c) or any payment issues arising out of the transaction; (d) or decline of transaction for any other reason/s.
As stated above, for domestic transactions, we accept payment via Razorpay, major credit cards, debits cards, wallets, UPI Payment and Net Banking. Our Net Banking account details are listed below:
Account Name: Abu Sandeep Fashions Private Limited
Bank: ICICI Bank Limited
Account Number: 037705002825
Bank Branch: J P Road, Andheri (West), Mumbai - 400058, Maharashtra, India
SWIFT Code: ICICINBBCTS
International payments shall be completed via PayPal.
We reserve the right to add or delete payment options other than as listed above without prior notice to You. We further reserve the right to reject Your payment through any of the payment options listed above for any reason whatsoever.
We may monitor Your Account to ensure against 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 lawyers’ fees from such persons. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, We reserve the right to immediately delete such 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.
Further, You agree, understand and confirm that the bank account information / credit card details / wallet information provided by You on the Website will be true and accurate and You shall not use payment modes which are not lawfully owned by You. You further agree and undertake to provide the correct and valid payment information to us. Such information will not be utilized and shared by Us with any third parties unless required for verification of fraud or by law, regulation or court order. We will not be liable for any credit card or other payment fraud.
The cost of shipping will be calculated and indicated at the time of checkout.
Delivery times may vary depending upon the destination. If You fail to take delivery of the goods, we may at our discretion charge You for the additional shipping cost.
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.
Returns, Refunds and Exchange Policy
Please carefully check Your purchase prior to placing the order. We do not provide a refund on any goods sold except as set out below.
- We want You to love what You ordered, but if something isn’t right, please let us know. We will provide an exchange on Your order in another colour, a different size, or an entirely new style.
- In the unlikely event that any merchandise You have ordered from ASFPL is not received in good condition, is damaged or defective, or if the merchandise delivered is different from what You had expected, You may return the merchandise to ASFPL within 14 (fourteen) days from the date of delivery of Your order.
- We do not accept returns or exchange gift certificates or jewellery, once dispatched, unless the item is defective.
- We do not accept returns on discounted merchandise.
- We do not offer merchandise exchanges and/or returns on orders shipped internationally. In the unlikely event that any merchandise You have ordered from the Website is not received in good condition, is damaged or defective, or if merchandise delivered is different from what You had expected, please reach out to us at firstname.lastname@example.org within 48 (forty eight) hours of receiving Your order.
- Refunds on international orders do not include duties, taxes and tariffs paid by customers.
Our exchange policy is, however, subject to the following:
- Item(s) should be returned unused, in the same conditioned You received it / them and in its original packaging with all tags still attached. Returns that are damaged or soiled shall not be accepted and may be sent back. Please inform Our customer care department in the event of any Goods/products delivered without tags.
- Once received, Our customer care team will study the need for return or exchange and get back to You.
- We have made every effort to display as accurately as possible the colours of our products that appear on our website. However, as screens vary, we cannot guarantee that Your display of any colour will be completely accurate; and
- Please note that an item purchased on the Website cannot be returned at our retail stores (whether or not such stores are owned by ASFPL) and vice versa.
Cancellation of Orders
- Cancellation by Us
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, inaccuracies or errors in product or pricing information, or any defect regarding the quality of the product. We may also require additional verifications or information before accepting an 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 account has been charged, the amount will be refunded to the account used for making the purchase.
2. Cancellations by User
Orders once placed cannot be cancelled by the User.
ASFPL reserves the right, in the event You breach these Terms, to suspend and/or terminate Your access to the Website, with or without notice to You. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating Your access to the Website.
Without prejudice to the foregoing, ASFPL may also terminate or suspend (temporarily or permanently) all or a portion of Your account or access to the Services, with or without any reason.
Once terminated or suspended (temporarily or permanently), You shall not be entitled to continue to use the Website under the same Account, a different Account or re-register under a new Account and Your right to procure Services on the Website shall immediately cease and ASFPL reserves the right to remove or delete Your information that is available with ASFPL, including, but not limited to, Your login and Account Information. Upon termination or suspension of these Terms, ASFPL shall have no obligation to maintain or provide any of Your data and may thereafter, unless legally prohibited, delete all Your data in its systems or otherwise in its possession or under its control, including but not limited to Your personal information, log-in ID and password, order details (including any prescriptions uploaded) and all related information, files and materials associated with or inside Your account (or any part thereof).
ASFPL reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of the Your account from the Application and/or modification of Your ability to access the Services upon any breach by You of these Terms or if ASFPL is unable to verify or authenticate any information that You submit to ASFPL and/or the Website, or if You fail to provide (or after providing such consent, later revoke) the consents necessary or desirable for ASFPL to be able to provide/offer the Services on the Website to You. The right to terminate/ suspend the account is in addition to, and without prejudice to, ASFPL’s right to initiate action against You in accordance with applicable law.
Any suspension, termination, or cancellation will not affect Your obligations to ASFPL under the Terms which by their nature are intended to survive such suspension, termination, or cancellation.
Notwithstanding any such termination/suspension, ASFPL may, at its sole discretion, retain such information collected from You through the Website for as long as necessary, depending on the type of information, purposes, means and modes of usage of such information; and according to any other rules and/or applicable laws.
The Website, and all information and/or content that You see, hear, or otherwise experience on the Website, including inter alia our trademarks, logos, products and designs (collectively, “Content”) are protected by Indian and international copyright, trademark and other laws. We own or have the license to use all of the intellectual property rights relating to ASFPL, the Website, and the Content including, without limitation, all intellectual property rights protected as patent pending or patented inventions, trade secrets, copyrights, trademarks, service marks, trade dress, or proprietary or confidential information, and whether or not they happen to be registered. You will not acquire any intellectual property rights in ASFPL by Your use of the Website.
For the sake of brevity, it is expressly clarified herein that any and all Content on the Website shall belong solely and exclusively to ASFPL. Copying or reproduction of any such protected Content from the Website for any purpose, whether commercial or otherwise, shall be a violation of ASFPL’s intellectual property rights and ASFPL reserves all its rights and remedies in law in relation to such violation.
Your License to Use the Website
When You use Our Website, You may access intellectual property rights that We or Our licensors own or license. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Content, without ASFPL’s express prior written consent. No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by ASFPL or its licensors, except for the licenses and rights expressly granted in the Terms.
Errors, Inaccuracies and Omissions
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to pricing, promotions, offers, and availability (“Errors”). We reserve the right to correct any such Errors and to change or update information if any information on the Website is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information on the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website, should be taken to indicate that all information on the Website has been modified or updated. You agree and confirm that We shall not be held liable for any damages or losses that may arise due to such errors, inaccuracies and/or omissions.
The Website and any Content therein are provided “as is”, and We do not represent or warrant that the Website will always be available, accessible, uninterrupted, timely, secure, accurate, complete, error-free or will operate without data loss, nor do We warrant any particular quality of the web site, software or services. We disclaim any and all other warranties and representations (express or implied, oral or written) with respect to the Website and/or any part thereof or any Content whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise, including any and all (a) warranties of merchantability, (b) warranties of suitability for any purpose (whether or not we know, we have reason to know, We have been advised or We are otherwise aware of any such purpose), (c) warranties of non-infringement or condition of title, and (d) warranties that the Website will operate without interruption or error. We shall also not be liable to You for any third party services that are availed in the form of any kind of offers, promotions, coupons provided in lieu of the rewards accrued by You. You acknowledge and agree that You have relied on no warranties.
ASFPL and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, specifically disclaim all of the foregoing warranties and any other warranties not expressly set out herein to the fullest extent permitted by law, including without limitation any express or implied warranties regarding non-infringement and merchantability for a particular purpose.
ASFPL and/or its affiliates expressly disclaim any liabilities and warranties regarding security, accuracy, reliability, timeliness and performance of the Services or that the Services will be error free or that any errors will be corrected. No advice or information provided to You by ASFPL will create any liability or warranty that is not expressly stated in these terms of service.
Limitation of Liability
In no event will ASFPL and/or its affiliates be liable to You and/or the third party(ies) for any damages whatsoever, including without limitation, indirect, incidental, special, punitive or consequential damages, or lost profits, arising out of, or in connection with, Your use of the Website, whether the damages are foreseeable, and/or whether or not ASFPL has been advised of the possibility of such damages in advance. If You are dissatisfied with the Website, Your sole and exclusive remedy is to discontinue using the Website.
Except as otherwise required by applicable law, any claim or cause of action arising out of or relating to Your use of the Website and/or Our relationship with You, must be brought within 30 (thirty) days of the occurrence of the event giving rise to the claim or cause of action, or the same will be deemed to be forever barred.
We and/or Our affiliates shall, under no circumstances whatsoever, be liable for any delay and/or default in performance under these Terms caused by an event beyond our reasonable control, including but not limited to, war, epidemics, accidents, acts of god, industrial actions, government orders restricting business, embargoes and other force majeure events.
Without limiting the generality of the foregoing, We may provide and/or make available and/or otherwise reproduce third party content and/or part thereof on the Website and/or may provide links to web pages and content of third parties as part of the Services to those interested in such third party content. We do not monitor or have any control over any third party content or third party websites. We do not endorse or adopt any third party content and make no guarantee whatsoever as to its accuracy, reliability or completeness. We do not represent or warrant the accuracy of any information contained therein, and we undertake no responsibility to update or review any third party content. You use such third party content contained therein solely and entirely at Your own risk.
- Changes in Terms
ASFPL reserves the right to change or modify any of the Terms herein including any other policy incorporated herein by reference, at any time and in its sole discretion. Any changes or modification will be effective immediately and You waive any right You may have to receive specific notice of such changes or modifications. You are free to decide whether or not to accept the changed/modified version of this document but accepting such a changed/modified document is essential and required for You to continue using the Website. You may have to click “accept” or “agree” to show Your acceptance of any changes/modifications made to these Terms. In the event that You are not required to expressly click any such “accept” or “agree” option, Your continued use of the Website following the posting of changes or modifications will confirm Your acceptance of such changes or modifications. Therefore, You agree that You will periodically review these Terms from time-to-time to understand the terms and conditions that apply to Your use of the Website. If You do not agree to any changed/amended/modified version of these Terms, Your sole recourse is to terminate Your use of the Website, in which case You will no longer have access to the Website, including Your account thereon. Except as otherwise expressly stated, any use of the Website is subject to the version of these Terms in effect at the time of use.
We welcome and encourage You to provide feedback, comments, and suggestions for improvements of the Website (“Feedback”). You may submit Feedback by emailing us at email@example.com. You acknowledge and agree that if You submit any Feedback to us, You hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that You own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy, edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.
3. No Reproduction
The Website and the content provided thereon may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ’embedding’ or using analogous technology is strictly prohibited. Unauthorized use of the Website and/or the materials contained thereon may violate applicable copyright, trademark or other intellectual property laws or other laws.
You hereby expressly consent to receive communications from us and/or third parties authorized by You through Your registered phone number and e-mail ID. You agree that any communication so received will not amount to spam, unsolicited communication or a violation of Your registration on the Website.
5. Relationship of the Parties
You acknowledge and agree that nothing in these terms, including, but not limited to, registration with our Website, constitutes an agency agreement or creates or acknowledges a principal-agent relationship between You and Us or makes Us partners, joint venturers or otherwise participants in a joint undertaking. Our relationship shall solely be one of a facilitator and a consumer.
The invalidity or unenforceability of any part of these Terms shall not prejudice or affect the validity or enforceability of the remainder of these Terms. If any provision of these Terms is held to be illegal, invalid or unenforceable in whole or in part in any jurisdiction, these Terms shall, as to such jurisdiction, continue to be valid as to its other provisions and the remainder of the affected provision; and the legality, validity and enforceability of such provision in any other jurisdiction shall be unaffected.
7. Governing Law and Jurisdiction
These Terms and the relationship between the User and us shall be governed and construed in accordance with the laws of India.
Any dispute arising under these Terms shall be settled by amicable discussion of the User and us. Where we are unable to reach an amicable settlement within 30 (thirty) days of the dispute, we shall have the right to bring a suit in relation to the dispute.
You agree that all claims, differences and disputes arising under or in connection with or in relation to the terms or any transactions contemplated herein shall be subject to the exclusive jurisdiction of the courts at Mumbai (Maharashtra) and You hereby accede to and accept the jurisdiction of such courts.
8. Contact Information and Grievance Redressal Mechanism
We welcome Your questions, grievances, comments and concerns about these Terms. You can contact us by sending an email at firstname.lastname@example.org or regular mail to Abu Jani Sandeep Khosla, A-23, First Floor, Ghanashyam Industrial Estate, Veera Desai Road, Andheri (W), Mumbai 400058.