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TERMS OF SERVICE AGREEMENT
1.1. These Terms & Conditions (hereinafter referred o as the ‘Terms’) govern the access/use of www.faridagupta.com (hereinafter referred to as the ‘Website’), available on desktop and/or via any other device including hand held device, and also govern the access/use/purchase of services/goods available on the Website either through direct access to the Website or any other means which would include communication and orders placed through Social Media or on phone or chat or through the Consumer Experience Team of the Website and/or Farida Gupta Retail Private Limited (hereinafter referred to as the “Company/FGRPL”),which are all assets/avenues managed by the Company which is registered under the Indian Laws. The Website is wholly owned and controlled by the Company. The Website and Company are hereinafter collectively referred to as “We/Us/Our” and the people/entity accessing the Website and/or purchasing the goods and services available therein through the Website and/or any other assets are hereinafter collectively referred to as the “Users/Customers/Your/You”.
1.3. IF YOU DO NOT AGREE WITH THE TERMS, PLEASE DO NOT ACCESS THE WEBSITE OR OUR OTHER ASSETS.
1.4. We use regular industry standard technology designed to help keep your Personal Information safe.
1.5. Your information may be transferred to or be maintained on computers, computer systems and computer resources located outside of your state or country where the privacy laws may not be as protective as those where you live. If you are located outside India and choose to provide information to us, please be aware that the website keeps or transfers information to India and processes it there. Your submission of such information represents your agreement to such transfer.
1.6. The transmission of information over the Internet is not completely secure. Although we strive to protect your personal data, we cannot guarantee the security of your data while it is being transmitted to our site; any transmission is at your own risk. Once we have received your information, we have commercially reasonable procedures and security features in place to reasonably prevent unauthorized access.
2.1. We offers for sale clothing merchandise and associated services such as delivery and payments (hereinafter collectively referred to "Service(s)/Product(s)")via the Website and even through other assets, as has been explained above.
2.2. We have the right to change or discontinue any Service being offered without notice to the Customers. We may add or modify the procedures, modes, processes or conditions of purchase of Services/access to Website, at any time. We shall not be liable to You or to any third party for any loss which may be caused due to the modification, suspension or discontinuance of any aspect of the Servicesand/or the Website.
3.1.Shipping of all the Products on theWebsite shall be per Our policy, which may be changed by Us from time to time.
3.2 By creating an account on the Website or making a purchase via the Website or any of Our assets, you agree to receive communications or data regarding our Services/Products.
3.3 Your receipt of confirmation of Your order via e-mail does not constitute Our acceptance of Your order. We reserve the right to limit the order quantity of any Product purchased by You and/or to refuse Service to any Customer. We also reserves the right to cancel Your order. In the event of any change/cancellation or Your order, our Consumer Experience Team shall attempt to notify it to You by contacting You through the information provided at the time of placing of Your order.
3.4. In case You receive a damaged Product, please get in touch with Our ConsumerExperience Team by writing to us at email@example.com or by calling us at +91-8287-567-567 (Monday - Saturday, 9.30 AM-8 PM, IST). The Product may be replaced or other corrective measure may be taken to address the issue.
3.5 We do not guarantee Product availability. Incase the Product purchased by You goes out of stock, Our Consumer Experience Team will intimate You and a refund request will be raised. For paid orders, the refund shall be processed directly into Your source account from which the payment was made or in Your Website account as store credit, as the case may be. The money will reflect in Your Website account or Your source account within 7 to 21 working days from when the refund request was raised, as the case may be.
4.1. 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 Your country.
4.2.We shall not be responsible for any deficiency in payment of consideration payable towards the Product(s) purchased.
4.4. In the event that you have any complaints or concerns with respect to the Our Services, please contact our Consumer Experience Team at firstname.lastname@example.org or by calling us at +91-8287-567-567 (Monday - Saturday, 9.30 AM-8 PM, IST).
5. PRICING INFORMATION
5.1. The pricing information relating to the Product(s) shall be as disclosed to You at the time of You placing the order.
5.2. 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 notice or any consequential liability to You.
5.3. We strives to ensure that Information on the Website is accurate, complete and correct pertaining to the attributes of the Products. However, despite reasonable efforts, typographical and other errors may occur. In the event that a Product/Service is listed with incorrect price or with incorrect information due to an error, We may, at Our discretion, contact You for consequent instructions. 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. If We cancels the order after the payment has been processed, the entire amount will be remitted to Your source account from which the payment was made or in Your Website account as store credit, as the case may be.
6. PERSONAL DETAILS
6.1 You might be required to provide Your credit or debit card or e-Wallet details to the approved payment gateways while making the payment. In this regard You agree to provide correct and accurate details to the approved payment gateways for availing the Services. You shall not use the credit/debit card/e-Wallet that is not lawfully owned by you. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/debit card/e-Wallet details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your personal information. You may also required to share certain personal information so as to create Your account on the Website. In this regard You agree to provide correct and accurate details to Us. You further undertake that You would not share Your password for the Website account with any third party and any misuse of Your personal information attached to the Website Account, which occurs due to your negligence would be Your sole and absolute responsibility and You agree to indemnify Us in this regard.
7. DELIVERY OF THE PRODUCT
Your shipping address and Zip code will be verified with Our database before you proceed to pay for Your purchase. If Your order is not serviceable by Our delivery partners, vendors, or Your location is not covered by Us, we would request you to provide us with an alternate shipping address which we expect to have on Our delivery partner’s/vendor’s delivery list. If there is any dispute regarding the shipment of the Products/Services for the area not covered by Us, we will not be held responsible for the non-delivery of the Product.
8. SHIPPING, DELIVERY, RETURN/EXCHANGE AND CANCELLATION
Please see terms relating to shipping, delivery, Return/Exchange and cancellation on the Website.
9. WARRANTIES AND CLAIMS
Please note the standard warranties and the conditions for usage of the Products in relation to each Product. No claim (a) that is contrary to the above or (b) where Products have been used contrary to the conditions of usage; will be entertained.
10. INDEMNIFICATIONS AND LIMITATION OF LIABILITY
10.1. You agree to indemnify, defend and hold harmless Us, from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against Us or incurred by Us that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these terms or any additional terms applicable to the purchase of Products.
10.2. In no event shall We and/orOur officers, directors, employees, partners or vendors be liable to You, third party vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not We have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your purchase of the Products/Services herein. Notwithstanding anything to contrary, Our entire liability to You under these Terms or otherwise shall be the refund of the money charged from You, under which the unlikely liability arises.
11. GOVERNING LAW
11.1. These Terms & Conditions and the relationship between You and Us shall be governed in accordance with the laws of India without reference to conflict of laws principles.
11.2. All claims, differences and disputes arising under or in connection with or in relation to the Terms or any transactions entered into on or through the Website or the relationship between You and Us (‘Parties’), per mutual agreement and understanding between You and Us shall be subject to the following dispute resolution process:
i. In the event of any dispute, claim, controversy arising out of or related to any transaction conducted on the Website, or the validity, enforcement or interpretation of this Agreement (‘dispute’), You shall try to settle the dispute in an amicable way andin good faith by providing a written notice to Our Consumer Experience Team, giving them a period of 30 days to respond to the said notice. Unless otherwise communicated, We shall respond to Your registered e-mail address.
ii. In the event, the dispute still remains unresolved as described above, both the Parties agree to resolve their dispute by arbitration, per the rules and regulations of Arbitration and Conciliation Act 1996. The appointment of arbitrator shall be by the mutual consent of both the parties. Arbitration shall proceed only on individual basis.