Terms And Conditions
This use of the FashionChahiye.com website and all the materials on this website are subject to the terms and conditions ("Terms and Conditions") of this Legal Webpage.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE FashionChahiye.com WEBSITE. BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF USE CONTAINED ON THIS LEGAL WEBPAGE. THESE TERMS AND CONDITIONS OF USE MAY BE AMENDED OR CHANGED BY US AT ANY TIME AT OUR DISCRETION. YOU AGREE THAT YOUR CONTINUED USE OF THIS WEBSITE AFTER ANY SUCH AMENDMENT OR CHANGE SHALL CONSTITUTE YOUR AGREEMENT TO ANY SUCH CHANGES.
You (“you” or “End User” or “your” or “Buyer” or “Customer”) are required to read and accept all of the terms and conditions laid down in this Terms and Conditions (“Terms and Conditions” or “TERMS AND CONDITIONS” or “Terms” or “Agreement”) and the linked Privacy Policy, before you may use www.zestmelange.com (hereinafter referred to as “Site” or “www.FashionChahiye.com.” or “we” or “our”). The Site allows you to browse, select and purchase Clothing, Footwear,Handbags,Jewellery,Accessories (“Goods” or “Products” or “Services”).
Your use of this website www.FashionChahiye.com (hereinafter referred to as the “Site”) and its related sites, services and tools). These TERMS AND CONDITIONS are effective upon acceptance and governs the relationship between you and www.FashionChahiye.com., a company incorporated under Companies Act, 1956 having its registered office at. B-101, Dipti Classic Building, Suren Rd, Gundavali, Andheri East, Mumbai, Maharashtra 400093, India (hereinafter the “Company”) including the sale and supply of any Products on the Site. If this TERMS AND CONDITIONS conflicts with any other document, the TERMS AND CONDITIONS will prevail for the purposes of usage of the Site. If you do not agree to be bound by this TERMS AND CONDITIONS and the Privacy Policy, you may not use the Site in any way. For the purposes of this TERMS AND CONDITIONS the term ‘Acceptance’ shall mean your affirmative action in clicking on ‘check box’ and on the ‘continue button’ as provided on the registration page or such other actions that implies your acceptance.
The Company may amend this Agreement and/or the Privacy Policy at any time by posting a revised version on the Site. The revised version will be effective at the time we post it on the Site, and in the event you continue to use our Site, you are impliedly agreeing to the revised TERMS AND CONDITIONS and Privacy Policy expressed herein.
Please read these terms and conditions carefully. These terms & conditions, as modified or amended from time to time, are a binding contract between the www.FashionChahiye.com and you. If you visit, use, or shop at the site (or any future site operated by the company, you accept these terms and conditions). In addition, when you use any current or future services of the company or visit or purchase from any business affiliated with the company or third-party vendors, whether or not included in the site, you will also be subject to the guidelines and conditions applicable to such service or merchant. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will prevail.
If this Terms and Conditions conflicts with any other document, the Terms and Conditions will prevail for the purposes of usage of the Site. As a condition of purchase, 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. You can opt out of our promotional emails anytime by clicking the UNSUBSCRIBE link at the bottom of any of our email correspondences. Please see our Privacy Policy for details. We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS sent to you. The offers made in those promotional emails or SMS 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 restrictions, Merchant specific restrictions, 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 your orders and view 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 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/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
In the Site, we provide users with access to clothing, Footwear, Jewellery, Handbags and accessories that can be purchased at the price mentioned on the site.
GENERAL
This Agreement 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 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 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. www.FashionChahiye.com has no obligation to update this site in a specific timeframe and, therefore, any information may be out of date. Further, the Company may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. Any graphics, animations, video, sound, text, trademarks, or service marks, and/or other information presented at this site are the property of www.FashionChahiye.com. Use of this information requires written permission from www.FashionChahiye.com.
MEMBERSHIP ELIGIBILITY
Use of the Site is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. 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 sell, purchase or bid for any items on the Site. As a minor if you wish to purchase or sell 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 years.
YOUR ACCOUNT
In consideration of your use of the Site, you represent that you 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. You also 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 www.FashionChahiye.com. 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 (OR ANY ITEMS LISTED):
"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, chat service 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 your online distribution and publication of Your Information.
The bold text in the following paragraphs is inserted in accordance with the Information Technology (Intermediaries guidelines) Rules 2011. Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011 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 does not have any right to; (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (c) harm 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, defense, 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. (j) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
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. We are under no obligation to review any messages, information, or content (“Postings”) posted on the Site by users and assume no responsibility or liability relating to any such Postings. Notwithstanding the above, we may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings that violate the provisions of this Clause; and
Solely to enable us to use the information you supply us with, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your Information in accordance with this Agreement and/or our Privacy Policy.
COLORS
While we have made every effort to display as accurately as possible the colors of the products that appear on the Site, we cannot guarantee that your monitor or screen’s display of any color will be completely accurate, as computer monitors, and screens of electronic devices vary.
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 or by an electronic record on our Site which will be deemed adequate service of notice / electronic record.
LICENSE AND SITE ACCESS
We grant you a limited license to access and make personal use of 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; 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. Consequently, www.FashionChahiye.com is not and cannot be held responsible for the accuracy, copyright compliance, legality or decency of material contained in sites linked to this www.FashionChahiye.com site. 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.
PRICING INFORMATION IN CASE OF SALE BY US
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. 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. 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 using the e-mail address or telephone number provided by you during the time of registration 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 bank transaction 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 bank transaction account. No refunds shall be applicable on the orders made by the User under the Cash on Delivery (“COD”) option.
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, 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 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 bank transaction account has been charged, the said amount will be reversed back in your bank transaction Account.
CANCELLATIONS BY THE USER
In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we 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 24 (twenty-four) hours of making the order on the Site. We 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 24 (twenty hours) from placing the order. The User agrees not to dispute the decision made by us and accepts our decision regarding the cancellation.
FRAUDULENT /DECLINED 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 lawyers’ 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 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 dishonor 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 the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
CREDIT CARD / DEBIT CARD DETAILS
You agree, understand and confirm that the credit card / Debit 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 / Debit Card which is not lawfully owned by you, i.e. in a credit card / Debit Card transaction, you must use your own credit card/ Debit Card. You further agree and undertake to provide the correct and valid credit card / Debit 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/ Debit 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. ALL WARRANTIES, IF ANY, RELATING TO THE PRODUCT AND SERVICES WOULD BE PROVIDED BY THE MANUFACTURER/SUPPLIER OF SUCH PRODUCT AND NOT BY US. ANY CLAIM IN RELATION TO THE SAME SHOULD BE RAISED AGAINST RESPECTIVE MANUFACTURER/SUPPLIER AND NOT AGAINST US IN ANY CASE WHATSOEVER. 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.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT FashionChahiye.com IS NOT LIABLE FOR THE DEFAMATORY OR OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL FashionChahiye.com OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE, OR THE CONTENT INCLUDED HEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE.
YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT FashionChahiye.com SHALL IMPOSE TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, WHETHER IN CONTRACT TORT INCLUDING ITS OWN NEGLIGENCE OR UNDER ANY OTHER LEGAL THEORY INCLUDING STRICT LIABILITY, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
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 this terms and conditions, or the documents it incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.
BILLING
The price of our merchandise is inclusive of the GST. The GST 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.
DELIVERY
We endeavor but do not guarantee to deliver the products to Users within 7 business daysfrom the day of close of sale (placement of order) depending upon the shipping location. Other factors include delay in delivery through the courier partner, transporters’ strike etc. We reserve the right to make delivery of the goods by installments. If the goods are to be delivered in installments, 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 installments or if you have a claim in respect of any one or more of the installments. If you fail to take delivery of the goods, we may at our discretion charge you for the additional shipping cost.
Please note we insure each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point 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 signature by them (or at that delivery address) is evidence of delivery and fulfillment by us of our obligation, and transfer of responsibility in the same way. Kindly note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. 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 the confirmed order(s) to you and the reason for the same could be inclusive of but not limited to the following:
(i) unavailability of the relevant product;
(ii) 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; you shall not be entitled to any damages or monetary compensation.
In the event we are unable to deliver the confirmed order(s) as mentioned hereinabove and the payment for such order(s) has been made by you through your credit/debit card, the amount paid by you while placing the order(s) on the Site will be reversed back in your bank transaction account. No refunds shall be applicable on the orders made by the Users under the Cash on Delivery (“COD”) option if not accepted by the customer.
TRADEMARKS
The trademarks, logos and service marks ("Marks") displayed on the Site are our property and/or the property of the respective persons. Users are prohibited from using any Marks for any purpose whatsoever without our prior written permission or such third party which may own the Marks. 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.
The Site contain 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 Company protected by copyright as a collective work under the applicable copyright laws. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. 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.
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 this Agreement, and 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 place of arbitration shall be Mumbai . The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
Governing Law
This Agreement, 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 at Mumbai .
MONITORING
FashionChahiye.com reserves the right, but not the obligation, to monitor this website to determine compliance with the terms of this Legal Webpage and any rules established by FashionChahiye.com to satisfy any law or regulation.
BUSINESS
Any business associates of FashionChahiye.com identified in this site are independent of FashionChahiye.com. Such business associates are not joint venture partners or any other kind of partners of FashionChahiye.com. No employee or representative of any business associate is under the control of FashionChahiye.com The information and descriptions contained on this site are intended as general information and are not necessarily complete descriptions of all terms, exclusions, and conditions applicable to the products and Services offered by FashionChahiye.com.
First Order Benefit ::
- The code is valid for one time use, by first time purchasers only.
- The code cannot be clubbed with any other offer code or FashionChahiye.com points.
- The code is only valid for purchases using the same email address that is used for registration.
- The codes generated through multiple email id’s of the same user will not be accepted. Orders placed through a misuse, will be cancelled.
- Products can be returned/exchanged as per our normal return, exchange & refund policy. Offer will be commensurately adjusted on return or exchange accordingly.
BUY 2 GET 30% OFF
- This promotion applies exclusively to Women's Clothing, Men's Clothing, and Footwear.
- The code is valid for one time use, by first time purchasers only.
- The code cannot be clubbed with any other offer code or FashionChahiye.com points.
- The code is only valid for purchases using the same email address that is used for registration.
- The codes generated through multiple email id’s of the same user will not be accepted. Orders placed through a misuse, will be cancelled.
- Products can be returned/exchanged as per our normal return, exchange & refund policy. Offer will be commensurately adjusted on return or exchange accordingly.
NOTICE
None of the provisions of this Agreement 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 the email address you provide 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.
Any notices required or permitted hereunder may be given by personal delivery in writing or by mail. Notices delivered personally shall be deemed given as of the date of actual receipt. Notices shall be addressed as follows:
www.FashionChahiye.com.
FashionChahiye.com, Towlichowki , Hyderabad– 500008, India
support@fashionchahiye.com
TERMINATION
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 this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement.
Jurisdiction
This website is controlled and operated by FashionChahiye.com from its registered office located in India. FashionChahiye.com does not represent or warrant that any materials on this site are appropriate or available for use in any other location. If you choose to access this site from another location, you do so at your own risk and are responsible for complying with any and all local laws.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of India. Any action related to matters on this website shall be brought in the appropriate courts of Mumbai governed by the laws of the India as such laws.
Severability
If any provision of these Terms and Conditions is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force.
Terms And Conditions
This use of the FashionChahiye.com website and all the materials on this website are subject to the terms and conditions ("Terms and Conditions") of this Legal Webpage.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE FashionChahiye.com WEBSITE. BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF USE CONTAINED ON THIS LEGAL WEBPAGE. THESE TERMS AND CONDITIONS OF USE MAY BE AMENDED OR CHANGED BY US AT ANY TIME AT OUR DISCRETION. YOU AGREE THAT YOUR CONTINUED USE OF THIS WEBSITE AFTER ANY SUCH AMENDMENT OR CHANGE SHALL CONSTITUTE YOUR AGREEMENT TO ANY SUCH CHANGES.
You (“you” or “End User” or “your” or “Buyer” or “Customer”) are required to read and accept all of the terms and conditions laid down in this Terms and Conditions (“Terms and Conditions” or “TERMS AND CONDITIONS” or “Terms” or “Agreement”) and the linked Privacy Policy, before you may use www.zestmelange.com (hereinafter referred to as “Site” or “www.FashionChahiye.com.” or “we” or “our”). The Site allows you to browse, select and purchase Clothing, Footwear,Handbags,Jewellery,Accessories (“Goods” or “Products” or “Services”).
Your use of this website www.FashionChahiye.com (hereinafter referred to as the “Site”) and its related sites, services and tools). These TERMS AND CONDITIONS are effective upon acceptance and governs the relationship between you and www.FashionChahiye.com., a company incorporated under Companies Act, 1956 having its registered office at. B-101, Dipti Classic Building, Suren Rd, Gundavali, Andheri East, Mumbai, Maharashtra 400093, India (hereinafter the “Company”) including the sale and supply of any Products on the Site. If this TERMS AND CONDITIONS conflicts with any other document, the TERMS AND CONDITIONS will prevail for the purposes of usage of the Site. If you do not agree to be bound by this TERMS AND CONDITIONS and the Privacy Policy, you may not use the Site in any way. For the purposes of this TERMS AND CONDITIONS the term ‘Acceptance’ shall mean your affirmative action in clicking on ‘check box’ and on the ‘continue button’ as provided on the registration page or such other actions that implies your acceptance.
The Company may amend this Agreement and/or the Privacy Policy at any time by posting a revised version on the Site. The revised version will be effective at the time we post it on the Site, and in the event you continue to use our Site, you are impliedly agreeing to the revised TERMS AND CONDITIONS and Privacy Policy expressed herein.
Please read these terms and conditions carefully. These terms & conditions, as modified or amended from time to time, are a binding contract between the www.FashionChahiye.com and you. If you visit, use, or shop at the site (or any future site operated by the company, you accept these terms and conditions). In addition, when you use any current or future services of the company or visit or purchase from any business affiliated with the company or third-party vendors, whether or not included in the site, you will also be subject to the guidelines and conditions applicable to such service or merchant. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will prevail.
If this Terms and Conditions conflicts with any other document, the Terms and Conditions will prevail for the purposes of usage of the Site. As a condition of purchase, 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. You can opt out of our promotional emails anytime by clicking the UNSUBSCRIBE link at the bottom of any of our email correspondences. Please see our Privacy Policy for details. We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS sent to you. The offers made in those promotional emails or SMS 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 restrictions, Merchant specific restrictions, 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 your orders and view 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 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/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
In the Site, we provide users with access to clothing, Footwear, Jewellery, Handbags and accessories that can be purchased at the price mentioned on the site.
GENERAL
This Agreement 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 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 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. www.FashionChahiye.com has no obligation to update this site in a specific timeframe and, therefore, any information may be out of date. Further, the Company may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. Any graphics, animations, video, sound, text, trademarks, or service marks, and/or other information presented at this site are the property of www.FashionChahiye.com. Use of this information requires written permission from www.FashionChahiye.com.
MEMBERSHIP ELIGIBILITY
Use of the Site is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. 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 sell, purchase or bid for any items on the Site. As a minor if you wish to purchase or sell 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 years.
YOUR ACCOUNT
In consideration of your use of the Site, you represent that you 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. You also 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 www.FashionChahiye.com. 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 (OR ANY ITEMS LISTED):
"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, chat service 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 your online distribution and publication of Your Information.
The bold text in the following paragraphs is inserted in accordance with the Information Technology (Intermediaries guidelines) Rules 2011. Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011 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 does not have any right to; (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (c) harm 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, defense, 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. (j) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
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. We are under no obligation to review any messages, information, or content (“Postings”) posted on the Site by users and assume no responsibility or liability relating to any such Postings. Notwithstanding the above, we may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings that violate the provisions of this Clause; and
Solely to enable us to use the information you supply us with, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your Information in accordance with this Agreement and/or our Privacy Policy.
COLORS
While we have made every effort to display as accurately as possible the colors of the products that appear on the Site, we cannot guarantee that your monitor or screen’s display of any color will be completely accurate, as computer monitors, and screens of electronic devices vary.
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 or by an electronic record on our Site which will be deemed adequate service of notice / electronic record.
LICENSE AND SITE ACCESS
We grant you a limited license to access and make personal use of 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; 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. Consequently, www.FashionChahiye.com is not and cannot be held responsible for the accuracy, copyright compliance, legality or decency of material contained in sites linked to this www.FashionChahiye.com site. 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.
PRICING INFORMATION IN CASE OF SALE BY US
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. 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. 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 using the e-mail address or telephone number provided by you during the time of registration 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 bank transaction 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 bank transaction account. No refunds shall be applicable on the orders made by the User under the Cash on Delivery (“COD”) option.
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, 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 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 bank transaction account has been charged, the said amount will be reversed back in your bank transaction Account.
CANCELLATIONS BY THE USER
In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we 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 24 (twenty-four) hours of making the order on the Site. We 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 24 (twenty hours) from placing the order. The User agrees not to dispute the decision made by us and accepts our decision regarding the cancellation.
FRAUDULENT /DECLINED 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 lawyers’ 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 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 dishonor 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 the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
CREDIT CARD / DEBIT CARD DETAILS
You agree, understand and confirm that the credit card / Debit 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 / Debit Card which is not lawfully owned by you, i.e. in a credit card / Debit Card transaction, you must use your own credit card/ Debit Card. You further agree and undertake to provide the correct and valid credit card / Debit 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/ Debit 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. ALL WARRANTIES, IF ANY, RELATING TO THE PRODUCT AND SERVICES WOULD BE PROVIDED BY THE MANUFACTURER/SUPPLIER OF SUCH PRODUCT AND NOT BY US. ANY CLAIM IN RELATION TO THE SAME SHOULD BE RAISED AGAINST RESPECTIVE MANUFACTURER/SUPPLIER AND NOT AGAINST US IN ANY CASE WHATSOEVER. 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.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT FashionChahiye.com IS NOT LIABLE FOR THE DEFAMATORY OR OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL FashionChahiye.com OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE, OR THE CONTENT INCLUDED HEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE.
YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT FashionChahiye.com SHALL IMPOSE TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, WHETHER IN CONTRACT TORT INCLUDING ITS OWN NEGLIGENCE OR UNDER ANY OTHER LEGAL THEORY INCLUDING STRICT LIABILITY, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
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 this terms and conditions, or the documents it incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.
BILLING
The price of our merchandise is inclusive of the GST. The GST 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.
DELIVERY
We endeavor but do not guarantee to deliver the products to Users within 7 business daysfrom the day of close of sale (placement of order) depending upon the shipping location. Other factors include delay in delivery through the courier partner, transporters’ strike etc. We reserve the right to make delivery of the goods by installments. If the goods are to be delivered in installments, 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 installments or if you have a claim in respect of any one or more of the installments. If you fail to take delivery of the goods, we may at our discretion charge you for the additional shipping cost.
Please note we insure each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point 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 signature by them (or at that delivery address) is evidence of delivery and fulfillment by us of our obligation, and transfer of responsibility in the same way. Kindly note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. 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 the confirmed order(s) to you and the reason for the same could be inclusive of but not limited to the following:
(i) unavailability of the relevant product;
(ii) 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; you shall not be entitled to any damages or monetary compensation.
In the event we are unable to deliver the confirmed order(s) as mentioned hereinabove and the payment for such order(s) has been made by you through your credit/debit card, the amount paid by you while placing the order(s) on the Site will be reversed back in your bank transaction account. No refunds shall be applicable on the orders made by the Users under the Cash on Delivery (“COD”) option if not accepted by the customer.
TRADEMARKS
The trademarks, logos and service marks ("Marks") displayed on the Site are our property and/or the property of the respective persons. Users are prohibited from using any Marks for any purpose whatsoever without our prior written permission or such third party which may own the Marks. 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.
The Site contain 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 Company protected by copyright as a collective work under the applicable copyright laws. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. 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.
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 this Agreement, and 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 place of arbitration shall be Mumbai . The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
Governing Law
This Agreement, 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 at Mumbai .
MONITORING
FashionChahiye.com reserves the right, but not the obligation, to monitor this website to determine compliance with the terms of this Legal Webpage and any rules established by FashionChahiye.com to satisfy any law or regulation.
BUSINESS
Any business associates of FashionChahiye.com identified in this site are independent of FashionChahiye.com. Such business associates are not joint venture partners or any other kind of partners of FashionChahiye.com. No employee or representative of any business associate is under the control of FashionChahiye.com The information and descriptions contained on this site are intended as general information and are not necessarily complete descriptions of all terms, exclusions, and conditions applicable to the products and Services offered by FashionChahiye.com.
First Order Benefit ::
- The code is valid for one time use, by first time purchasers only.
- The code cannot be clubbed with any other offer code or FashionChahiye.com points.
- The code is only valid for purchases using the same email address that is used for registration.
- The codes generated through multiple email id’s of the same user will not be accepted. Orders placed through a misuse, will be cancelled.
- Products can be returned/exchanged as per our normal return, exchange & refund policy. Offer will be commensurately adjusted on return or exchange accordingly.
BUY 2 GET 30% OFF
- This promotion applies exclusively to Women's Clothing, Men's Clothing, and Footwear.
- The code is valid for one time use, by first time purchasers only.
- The code cannot be clubbed with any other offer code or FashionChahiye.com points.
- The code is only valid for purchases using the same email address that is used for registration.
- The codes generated through multiple email id’s of the same user will not be accepted. Orders placed through a misuse, will be cancelled.
- Products can be returned/exchanged as per our normal return, exchange & refund policy. Offer will be commensurately adjusted on return or exchange accordingly.
NOTICE
None of the provisions of this Agreement 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 the email address you provide 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.
Any notices required or permitted hereunder may be given by personal delivery in writing or by mail. Notices delivered personally shall be deemed given as of the date of actual receipt. Notices shall be addressed as follows:
www.FashionChahiye.com.
FashionChahiye.com, Towlichowki , Hyderabad– 500008, India
support@fashionchahiye.com
TERMINATION
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 this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement.
Jurisdiction
This website is controlled and operated by FashionChahiye.com from its registered office located in India. FashionChahiye.com does not represent or warrant that any materials on this site are appropriate or available for use in any other location. If you choose to access this site from another location, you do so at your own risk and are responsible for complying with any and all local laws.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of India. Any action related to matters on this website shall be brought in the appropriate courts of Mumbai governed by the laws of the India as such laws.
Severability
If any provision of these Terms and Conditions is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force.