Please read the following terms and conditions very carefully as your
use of service is subject to your acceptance of and compliance with the
following terms and conditions ("Terms").
By subscribing to
or using any of our services you agree that you have read, understood and are
bound by the Terms, regardless of how you subscribe to or use the services. If
you do not want to be bound by the Terms, you must not subscribe to or use our services.
These Terms and various other policies are binding as per the provisions of the
Information Technology (Intermediaries guidelines) Rules, 2011 formulated under
the Information Technology Act of 2000.
In these Terms,
references to "you", "User" shall mean the end user
accessing the Website, its contents and using the Services offered through the
Website, "Service Providers" mean independent third party service
providers, and "we", "us" and "our" shall mean vigneshwara
silks and its affiliates.
1. Introduction:
a) www.vigneshwarasilks.com
("Website") is an Internet based content and e-commerce portal
operated by vigneshwara silks, a company
incorporated under the laws of India.
b) Use of the
Website is offered to you conditioned on acceptance without modification of all
the terms, conditions and notices contained in these Terms, as may be posted on
the Website from time to time. vigneshwarasilks.com at its sole discretion
reserves the right not to accept a User from registering on the Website without
assigning any reason thereof.
2. User Account,
Password, and Security:
You will receive a
password and account designation upon completing the Website's registration
process. You are responsible for maintaining the confidentiality of the
password and account, and are fully responsible for all activities that occur
under your password or account. You agree to (a) immediately notify vigneshwarasilks.com
of any unauthorized use of your password or account or any other breach of
security, and (b) ensure that you exit from your account at the end of each
session. vigneshwarasilks.com cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section 2.
3. Services
Offered:
vigneshwarasilks.com
provides a number of Internet-based services through the Web Site (all such
services, collectively, the "Service"). One such service enables
users to purchase original merchandise such as clothing, footwear and
accessories from various fashion and lifestyle brands (collectively,
"Products"). The Products can be purchased through the Website
through various methods of payments offered. The sale/purchase of Products
shall be additionally governed by specific policies of sale, like cancellation
policy, return policy, etc. (which are found on the following URL http://www.vigneshwarasilks.com/faqs),
and all of which are incorporated here by reference. In addition, these terms
and policies may be further supplemented by Product specific conditions, which
may be displayed on the webpage of that Product.
4. Limited User:
The User agrees and
undertakes not to reverse engineer, modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative works from,
transfer, or sell any information or software obtained from the Website.
Limited reproduction and copying of the content of the Website is permitted
provided that vigneshwara silks name is stated as the source and prior written
permission of vigneshwarasilks.com is sought. For the removal of doubt, it is
clarified that unlimited or wholesale reproduction, copying of the content for
commercial or non-commercial purposes and unwarranted modification of data and
information within the content of the Website is not permitted.
5. User Conduct and
Rules:
You agree and
undertake to use the Website and the Service only to post and upload messages
and material that are proper. By way of example, and not as a limitation, you
agree and undertake that when using a Service, you will not:
(a) defame, abuse,
harass, stalk, threaten or otherwise violate the legal rights of others;
(b) publish, post,
upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information;
(c) upload files
that contain software or other material protected by intellectual property laws
unless you own or control the rights thereto or have received all necessary
consents; you own or control the rights thereto or have received all necessary
consents;
(d) upload or
distribute files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of the Website or another's
computer;
(e) conduct or
forward surveys, contests, pyramid schemes or chain letters;
(f) download any
file posted by another user of a Service that you know, or reasonably should
know, cannot be legally distributed in such manner;
(g) falsify or
delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material
contained in a file that is uploaded;
(h) violate any
code of conduct or other guidelines, which may be applicable for or to any
particular Service;
(i) violate any
applicable laws or regulations for the time being in force in or outside India;
and
(j) violate, abuse,
unethically manipulate or exploit, any of the terms and conditions of this
Agreement or any other terms and conditions for the use of the Website
contained elsewhere.
6. User Warranty
and Representation:
The user
guarantees, warrants, and certifies that you are the owner of the content which
you submit or otherwise authorised to use the content and that the content does
not infringe upon the property rights, intellectual property rights or other
rights of others. You further warrant that to your knowledge, no action, suit,
proceeding, or investigation has been instituted or threatened relating to any
content, including trademark, trade name service mark, and copyright formerly
or currently used by you in connection with the Services rendered by vigneshwarasilks.com.
7. Exactness Not
Guaranteed:
vigneshwarasilks.com
hereby disclaims any guarantees of exactness as to the finish and appearance of
the final Product as ordered by the user. The quality of any products, Services,
information, or other material purchased or obtained by you through the Website
may not meet your expectations. Alterations to certain aspects of your order
such as the merchandise brand, size, color etc. may be required due to
limitations caused by availability of product difference in size charts of
respective brands etc. In this instance you agree that vigneshwarasilks.com
will send an approval request via the email address, which you submitted when
placing your order. If you do not agree with the requested change you retain
the right to reject the requested production change by replying to it within 10
days of it being sent to you. vigneshwarasilks.com may re-request that you
accept a production alteration one additional time if an alternative method to
send your merchandise is available. If you reject this 2nd request your order
will be cancelled and you will be fully refunded via your initial method of
payment.
8. Intellectual
Property Rights:
a) Unless otherwise
indicated or anything contained to the contrary or any proprietary material
owned by a third party and so expressly mentioned, vigneshwarasilks.com owns
all Intellectual Property Rights to and into the Website, including, without
limitation, any and all rights, title and interest in and to copyright, related
rights, patents, utility models, trademarks, trade names, service marks,
designs, know-how, trade secrets and inventions (whether patentable or not),
goodwill, source code, meta tags, databases, text, content, graphics, icons,
and hyperlinks. You acknowledge and agree that you shall not use, reproduce or
distribute any content from the Website belonging to vigneshwarasilks.com
without obtaining authorization from vigneshwarasilks.com.
b) Notwithstanding
the foregoing, it is expressly clarified that you will retain ownership and
shall solely be responsible for any content that you provide or upload when
using any Service, including any text, data, information, images, photographs,
music, sound, video or any other material which you may upload, transmit or
store when making use of our various Service. However, with regard to the
product customization Service (as against other Services like blogs and forums)
you expressly agree that by uploading and posting content on to the Website for
public viewing and reproduction/use of your content by third party users, you
accept the User whereby you grant a non-exclusive license for the use of the
same.
9. Links To Third
Party Sites:
The Website may
contain links to other websites ("Linked Sites"). The Linked Sites
are not under the control of vigneshwarasilks.com or the Website and vigneshwarasilks.com
is not responsible for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any changes or updates to a
Linked Site. vigneshwarasilks.com is not responsible for any form of
transmission, whatsoever, received by you from any Linked Site. vigneshwarasilks.com
is providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by vigneshwarasilks.com or the Website of the
Linked Sites or any association with its operators or owners including the
legal heirs or assigns thereof. The users are requested to verify the accuracy
of all information on their own before undertaking any reliance on such
information.
10.
Indemnification:
You agree to
indemnify, defend and hold harmless vigneshwarasilks.com from and against any
and all losses, liabilities, claims, damages, costs and expenses (including
legal fees and disbursements in connection therewith and interest chargeable
thereon) asserted against or incurred by vigneshwarasilks.com that arise out
of, result from, or may be payable by virtue of, any breach or non-performance
of any representation, warranty, covenant or agreement made or obligation to be
performed by you pursuant to these Terms.
11. Pricing:
Prices for products
are described on our Website and are incorporated into these Terms by
reference. All prices are in Indian rupees. Prices, products and Services may
change at vigneshwara silks discretion. Note: the purchase value includes GST tax
12. Shipping:
Title and risk of
loss for all products ordered by you shall pass on to you upon vigneshwara silks
shipment to the shipping carrier.
13. Termination:
a) vigneshwarasilks.com
may suspend or terminate your use of the Website or any Service if it believes,
in its sole and absolute discretion that you have breached, violated, abused,
or unethically manipulated or exploited any term of these Terms or anyway
otherwise acted unethically.
b) Notwithstanding
Section 15.a above, these Terms will survive indefinitely unless and until vigneshwarasilks.com
chooses to terminate them.
c) If you or vigneshwarasilks.com
terminates your use of the Website or any Service, vigneshwarasilks.com may
delete any content or other materials relating to your use of the Service and vigneshwarasilks.com
will have no liability to you or any third party for doing so.
d) You shall be
liable to pay for any Service or product that you have already ordered till the
time of Termination by either party whatsoever. Further, you shall be entitled
to your royalty payments as per the User License Agreement that has or is
legally deemed accrued to you.
14. Governing Law:
These terms shall
be governed by and constructed in accordance with the laws of India without
reference to conflict of laws principles and disputes arising in relation
hereto shall be subject to the exclusive jurisdiction of the courts at
Bangalore.
15. Severability:
If any provision of
the Terms is determined to be invalid or unenforceable in whole or in part,
such invalidity or unenforceability shall attach only to such provision or part
of such provision and the remaining part of such provision and all other
provisions of these Terms shall continue to be in full force and effect.
16. Report Abuse:
As per these Terms,
users are solely responsible for every material or content uploaded on to the
Website. Users can be held legally liable for their contents and may be held
legally accountable if their contents or material include, for example, defamatory
comments or material protected by copyright, trademark, etc. If you come across
any abuse or violation of these Terms, please report to support@vigneshwarasilks.com.
Unauthorized
Charges on your card
If you see charges
on your credit/debit card for purchases made on vigneshwarasilks.com, but you
never created an account or signed up, please check with your family members or
business colleagues authorized to make purchases on your behalf, to confirm
that they haven't placed the order. If you're still unable to recognize the
charge, please report the unauthorized purchase within 60 days of the
transaction to enable vigneshwara silks to begin an investigation.
Cancellation of
Fraudulent Orders
To provide a safe
and secure shopping experience, we regularly monitor transactions for
fraudulent activity. In the event of detecting any suspicious activity, vigneshwarasilks.com
reserves the right to cancel all past, pending and future orders without any
liability. vigneshwarasilks.com also reserves the right to refuse or cancel
orders in scenarios like inaccuracies in pricing of product on website and
stock unavailability. 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 card has been charged,
the said amount will be reversed to your Card Account. Any promotional voucher
used for the cancelled orders may not be refunded.
What we do about
mispricings
Despite our best
efforts, a small number of the many hundreds of items in our catalogue are
mispriced. However, we verify prices as part of our dispatch procedures.
If an item's
correct price is lower than our stated price, we charge the lower amount and
send you the item.
If a product's
correct price is higher than our stated price, we will cancel your order and
notify you of that cancellation.
Terms For Promotions/Contests/Offers/Campaigns
General Terms for
Offers and Promotions
1. Discounts will
be applied to the total merchandise value including VAT and applicable taxes.
Issuance or redemption of a voucher or coupon will apply to the total value of
the qualifying order once all promotional discounts have been applied.
2. Only one credit
note/gift coupon/coupon can be used per order unless otheriwise stated.
3. Discount coupons
- Discount coupons may from time to time be offered to account holders; such
coupons may only be applied to purchases made through the account to which the
discount coupon was offered and registered. If you need a refund, this will be
made in the same way as the original payment method (such as onto a gift
voucher, debit/credit card account, a combination of the two and in case of
COD, a Bank Transfer).
4. Promotional
discount coupons - We may from time to time offer promotional discount coupons
which may apply in respect of any, or certain specified, purchases made though
this Website.
5. vigneshwarasilks.com
shall introduce various offers, schemes or contest at different times. The
terms and conditions for such Contest shall be separately available on the
Site.
6. vigneshwarasilks.com
reserves the right to change/modify/add/delete any of the terms and conditions
prevailing on the different promotional schemes it introduces in market from
time to time. vigneshwarasilks.com, at its discretion, can withdraw a
particular scheme from the website or market.