TERMS AND CONDITIONS OF USE
1.1 The domain name, www.bengalcollective.com is owned by Fabtik, a partnership firm organized under the Partnership Act, 1932 (hereinafter referred to as the “Fabtik”) having its office at BJ-164, Salt Lake City, Sector II, Kolkata – 700091 (hereinafter referred to as “Fabtik”).
2. ELEGIBILITY CRITERIA
2.3 In accordance with the provisions of Section 13 of the IT Act, this contract shall be deemed to have been received, accepted and formed at Kolkata.
3. DISPLAY AND SALE OF FASHIONABLE ITEMS
3.2 Fabtik reserves the right to exercise discretion in regulating the display of Merchandise on the Website, the prices, available quantities and other specifications in relation to such Merchandise.
3.4 It is further clarified that Fabtik shall execute Orders for sale and purchase of Merchandise through the Website only for delivery of such Merchandise within the territorial limits of India and Orders requiring delivery of Merchandise outside the territorial limits of India shall not be executed by Fabtik. For all sale and delivery outside the jurisdiction of India, Fabtik shall reserve the right to approve the same on a case by case basis.
3.5 In accordance with the provisions of Section 13 of the IT Act, this contract shall be deemed to have been received, accepted and formed at Kolkata.
3.8 Fabtik has made all possible efforts to ensure an accurate representation of the Merchandise on the Website through pictures and descriptions. However, Fabtik shall not held liable whatsoever for variations in the colour, size, shape and other physical attributes of the Merchandise that the User perceives upon delivery of the Merchandise.
3.9 If the User is not satisfied with the Merchandise delivered by Fabtik, the User may return the Merchandise to Fabtik in accordance with the provisions of Clause 6 of these Terms and Conditions within 48 hours from the date of receipt by the User of the Merchandise, subject to there not being any damage, wear and tear to the Merchandise in any manner whatsoever. Upon receipt of the returned Merchandise by Fabtik, shall refund the Price of the Merchandise to the User within [ ] business days of such return.
4. PRICING AND PAYMENT
4.1 The price of Merchandise (the “Price”) on the Website is as displayed therein and Users who are desirous of purchasing Merchandise shall be required to pay the Price as applicable to each piece of Merchandise.
4.2 Fabtik at its sole discretion reserves the right to decide the Price of Merchandise and revise and/or amend the Price from time to time.
4.3 The Price includes all applicable taxes such as service tax, VAT and other charges for processing the Order. Fabtik reserves the right to charge any additional amount for the purpose of shipping the Merchandise to the User over and above the Price of the Merchandise (“Shipping Charges”).
4.4 Users desirous of submitting an Order shall be required to make payment (the “Payment”) of the Price of Merchandise and the Shipping Charges solely by the use of the payment gateway (the “Payment Gateway”) managed by [ ] (the “Payment Manager”) [Note: Insert name of firm’s managing payment gateway], available on the Website for the purpose of facilitating the Users to issue payment instructions in consideration for the purchase of Merchandise. It is clarified that Fabtik has duly authorized the Payment Manager to facilitate and process payments made by Users for the purchase of Merchandise on the Website.
4.6 The settlement of Payment for the purchase of Merchandise shall be made in terms of the Payment Gateway Policy and other applicable laws.
5. SHIPPING AND DELIVERY
5.1 Upon the completion of the Payment process in terms of Clause 4, Fabtik will endeavour to use the most commercially reasonable shipping methods for the transportation of the Merchandise to the destination as designated by the User in the Order.
5.2 Subject to availability of stocks of the Merchandise, Fabtik will ensure its best efforts to deliver the Merchandise to the User within a reasonable period of time after the submission of the Order.
5.3 Fabtik will endeavour to communicate with the User as regards the shipment of the Merchandise and delivery from time to time until the completion of delivery of the Merchandise.
5.4 It is clearly understood and agreed by the User, that Fabtik uses third-party service providers for shipment and delivery of the Merchandise to its Users and as such, Fabtik does not have any control over the services of such third-party service providers and the User expressly agrees and acknowledges, that Fabtik shall not be liable for any loss or damages arising to the User from any negligence and/or any deficiency in services by such third-party service providers.
6. RETURN AND REPLACEMENT
6.1 A request for return/replacement can be placed by sending Fabtik an email at: [Note: Enter Email Id].
6.2 A request for return/replacement of item(s) may be made within 48 hours of delivery of the order. No request for return/replacement shall be entertained by Fabtik after the aforesaid period.
6.3 Item(s) delivered shall not be replaced/taken as return once it is used, washed, damaged and/or appropriate tags are removed.
6.4 The returned products are subject to verification and checks by Fabtik in order to determine the legitimacy of the complaint/ return.
6.5 In case of Return, after the item(s) ordered have been returned by the User, the Price of the item(s) that was actually paid by the User shall be refunded and credited to the User’s account, notwithstanding the price of such item(s) that is prevailing when the Return is processed.
6.6 In order to place a request for return/replacement, the User must state the reason for the same. It shall be at Fabtik’s discretion to approve or reject such a request.
7. USER OBLIGATION
7.1 The User shall provide true, accurate, current and complete information while submitting the order offered by the Website.
7.2 The User shall update registration information on the Website from time to time. In the event Fabtik has information to believe that the personal information provided by a User is false or such personal information is being provided to conduct a fraudulent transaction, Fabtik reserves the right to cancel the Order placed by the User or terminate the Users’ membership without any notice.
7.3 The User shall provide authentic and true information in all instances where such information is requested of Fabtik. Fabtik reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation the User’s details are found not to be true (wholly or partly), Fabtik has the right in its sole discretion to reject the registration and prohibit the User from using the services offered by the Website.
7.4 Pursuant to an Order if there is a failure of delivery due to incorrect information supplied by the User, Fabtik shall be entitled to receive further payments for re-delivery of the Merchandise under such Order.
7.5 The User shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Fabtik or the brand name or domain name used by Us includingthe terms or otherwise engage in any conduct or action that might tarnish the image or reputation, of Fabtik orsellers on platform or otherwise tarnish or dilute any Fabtik’s trade or service marks, trade name and/or goodwill associated with such trade or service marks,trade name as may be owned or used by us. The User agree that the User will not take any action that imposes an unreasonable or disproportionately large load on theinfrastructure of the Website or Fabtik’s systems or networks, or any systems or networks connected to Fabtik.
7.7 The User shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies or any other applicable taxes.
7.8 As per Information Technology (Intermediaries Guidelines) Rules, 2011 the User agree and undertakes that host, display, host, display, upload, modify,publish, transmit, update or share any information that —
- (a) belongs to another person and to which the user does not have any right to;
- (b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy,
- (c) hateful, or racially, ethnically objectionable, disparaging, relating or
- (d) encouraging money laundering or gambling, or otherwise unlawful in any
- (e) manner whatever;
- (f) harm minors in any way;
- (g) infringes any patent, trademark, copyright or other proprietary rights;
- (h) violates any law for the time being in force;
- (i) deceives or misleads the addressee about the origin of such messages or
- (j) communicates any information which is grossly offensive or menacing in nature;
- (k) impersonate another person;
- (l) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- (m) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
8. TERMINATION/RESTRICTION OF ACCESS OR USAGE RIGHTS
8.5 The following actions shall be considered to be misuse of the website and the User shall be forthwith terminated form access or usage of the website:
- a) Transmission or distribution of technologically harmful data like virus, malicious software, trojan, etc.;
- b) Posting or transmitting content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm to any kind against any group or individual;
- c) Transmission of junk mails, spam or chain letters;
- d) Promoting illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- e) Posting unsolicited promotional or advertising content;
- f) Distributing or reproducing any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights in any way;
- g) Promoting an illegal or unauthorised copy of another person’s copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music file, providing or creating computer viruses;
- h) Providing instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or posting video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
8.6 Fabtik hereby hold no liability to any sort of damage or harm caused to your software, data or computer device by downloading content from this website.
9. LIMITATION OF LIABILITY AND DISCLAIMER
9.1 The User assumes full responsibility for the protection of their computer and the computer system including hardware and software, protection of databases in there system as well as the protection of hardware and software of third persons who have access to the user’s system. The User also assumes responsibility for damages incurred because recorded or otherwise received documents from the Website which may contain viruses or other destructive programs.
9.2 Fabtik will take reasonable measures to prevent the possibility that the electronic messages that are received via the Website will be available to any unauthorized third party. The User accepts the risk Fabtik sent messages, can be intercept prior to receipt by Fabtik and that his message was received from Fabtik may be used by unauthorized third persons. Fabtik does not assume responsibility for the provision of messages from the unauthorized actions of third persons.
9.3 The information contained on the Website may contain certain technical inaccuracies or typographical errors. Information may be changed or updated without prior notification. All information that is available on the Website is provided for the purpose of information and does not contain any guarantee for their accuracy.
9.4 This Website, all the materials and products and services, included on or otherwise made available to the User through this Website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing.
10. INTELLECTUAL PROPERTY RIGHTS
This Website is controlled and operated by Fabtik and Merchandises/products are sold by respective Fabtik and/or respective third-party sellers. All materials/ products/ Merchandise on this Website are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for User’s personal, non-commercial use. User must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and User must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which the User receives any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
12. THIRD PARTY SITES, SERVICES AND PRODUCTS
The Website may contain links to other websites. It is clarified that these external websites are not under the control of Fabtik. Fabtik does not control any other website other than the Website. Fabtik cannot be held responsible for content on such websites and cannot be made liable in any manner whatsoever for content on such other websites. Fabtik provides these links to other websites as ease of reference to the Users and for a better online experience or in order to facilitate other business and traders to advertise their products on the Website. Users’ use of each of those sites is subject to the conditions, if any, posted by the respective sites.
Users’ correspondence or related activities with third parties, including payment gateway providers, are solely between the User and that third party. User agrees that Fabtik will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions with third parties. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.
The Website contains content that is created by Fabtik as well as content provided by third parties. Fabtik does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by the Users in utilizing the servicesprovided on the Website.
14. GOVERNING LAWS
15. GRIEVANCE OFFICER
In accordance with Information Technology (Intermediaries Guidelines) Rules, 2011, the name and contact details of the Grievance Officer are provided below: