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TERMS AND CONDITIONS OF USE

1. INTRODUCTION

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”).

1.2 This electronic record contains the terms and conditions of use (the “Terms of Use”) which shall be adhered to by any user (the “User”) accessing www.bengalcollective.com (the “Website”) or using the services provided in the Website whether or not the User access the services available on the Website or consummate a transaction on the Website. Reference to the term you/your shall mean the User of the Website and the term we/us refer to Fabtik. The Terms of Use govern the relationship between the User and Fabtik.

1.3 This document is an electronic record in terms of the Information Technology Act, 2000 (the “IT Act”) and rules thereunder as applicable and as amended from time to time, and also an electronic record within the meaning of all applicable statutes as amended by the IT Act. This Terms of Use is published in accordance with the provisions of (a) Section 43A of the IT Act, (b) Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and (c) Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing rules and regulations, privacy policy and Terms of Use for access or usage of www.bengalcollective.com website.This electronic record is generated by a computer system and stored therein and does not require any physical or digital signatures.

1.4 By clicking the acceptance button or accessing, downloading, installing or use of this Website, the User is deemed to have perused and accepted the Terms of Use contained herein and as revised from time to time, which is, for an indefinite period and the User understands and agrees that the User is bound by the Terms of Use till the time the User accesses or uses the amusement facilities on the Website. If the User does not agree to all of the terms of this Terms of Use, the button indicating non-acceptance must be selected, and the User may not access, use or access any part of the Website.

1.5 Fabtik reserves the right to change and/or amend the Terms of Use from time to time without any obligation to inform the User and it is the responsibility of the User to peruse the Website and more particularly these Terms of Use from time to time.For the aforementioned purposes, the Parties hereby agree that these Terms and Conditions are being concluded and executed at Kolkata.

2. ELEGIBILITY CRITERIA

2.1 The Terms of Use shall be deemed to be a valid contract executed in terms of the Indian Contract Act, 1872 (the “Contract Act”) read with the provisions of the IT Act, between the User and Fabtik. Subject to the terms of these Terms of Use contained herein, by the access and use of this Website, the User acknowledges the completion of an offer and acceptance as regards these Terms of Use and the execution of a valid contract between Fabtik and the User in terms of Section 10A of the IT Act and in terms of Section 10 of the Contract Act.

2.2 By the access and use of this Website, the User shall be deemed to be competent to contract in accordance with the terms of Section 11 of the Contract Act. The use of this Website by any person not competent to contract under law shall be void and Fabtik shall not be liable to perform its obligations under the Terms of Use in such circumstances.Persons who are “incompetent tocontract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. A minor i.e. under the age of 18 years, shall not register as a User of Fabtik website and shall not transact on or use the Website. If a minor wishes to use or transact on this Website, such use or transaction may be made by the legal guardian or parents on the Website. Fabtik reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Fabtik’s notice or if it is discovered that you are under the age of 18 years or otherwise legally incompetent to contract.

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.

2.4 The User shall be responsible for maintaining the confidentiality of your Display Name and Password and User shall be responsible for all activities that occur under your Display Name and Password. The User agrees that if the User provide any information that is untrue, inaccurate, not current or incomplete or Fabtik have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, Fabtik shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide the User with access to the Website.

3. DISPLAY AND SALE OF FASHIONABLE ITEMS

3.1 The Website is operated by Fabtik to display certain fashionable items (the “Merchandise”) Website. Further, the display of the Merchandise and made available for viewing by the Users constitutes merely an invitation to offer by Fabtik to the Users and subject to the terms of these Terms of Use, Fabtik reserves the right to sell or not to sell any of the Merchandise available for viewing on the Website.

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.

3.3 Subject to compliance by the User, with the other terms of these Terms of Use and agreement with the terms of the privacy policy (the “Privacy Policy”) of this Website, Users who are desirous of commencing the process of purchase of Merchandise and completing it thereof (the “Order”), are required to provide all such information as is prompted by the web pages contained in the Website. It is clarified that the User’s Order shall constitute the offer and Fabtik’s communication of acceptance of the Order with required details shall constitute acceptance of the offer.

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.

3.6 Notwithstanding the completion of offer and acceptance as set out in Clause 3.3 hereinabove and the completion of the process of payment in terms of Clause 4, the property in the Merchandise shall transfer to the User only upon the completion of the delivery of the Merchandise to the User or to any other person authorized by the User to receive the Merchandise, in terms of Clause 5 of these Terms of Use.

3.7 Notwithstanding anything contained in these Terms of Use, Fabtik reserves the right to either reject or cancel Orders received by it and initiate a refund of the amounts to the User, received towards executing such Order, without having to assign any reasons for such cancellation.

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.

4.5 For the purpose of making Payment through the Payment Gateway, all Users shall be required to peruse and agree to the terms and conditions and privacy policy (the “Payment Gateway Policy”) issued by the Payment Manager prior to the initiation of the process of Payment by the User. It is clarified that Fabtik shall not be liable to the Users for the performance or the breach thereof of any of the terms of the Payment Gateway Policy in any manner whatsoever.

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.

7.6 The User may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegalactivity or other activity which infringes the rights of Fabtik and / or others.

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

8.1 These Terms of Use is effective unless and until terminated by either the User or Fabtik. The User may terminate these Terms of Use at any time by informing Fabtik in writing a registered post or by way of email that the User no longer wishes to be associated with this Website, provided that the User discontinues any further use of this Website. Notwithstanding the foregoing, the Terms of Use set out herein shall, without exception, be applicable at all times to any purported transaction(s) approved by acceptance of an Order by Fabtik.

8.2 Fabtik may terminate these Terms of Use at any time and may do so immediately without notice, and accordingly deny the User access to the Website. Such termination may be made by Fabtik without any obligation or liability to remedy the User in any manner.

8.3 Upon any termination of these Terms of Use by either the User or Fabtik, Fabtik must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under these Terms of Use or otherwise.

8.4 Termination of these Terms of Use in terms of this Clause 4 shall not cancel the User’s obligation to pay for Order’s already submitted on the Website or affect any liability that may have arisen against the Useror any liability that may have arisen under these Terms of Use.

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.

9.5 The User acknowledges and agrees that Fabtik shall not be liable to the User, or to anyone claiming through such User for any indirect, special, consequential, incidental, punitive or exemplary damages or losses, arising from, connected with or directly or indirectly related to the use of or inability to use the Website, or the contents, material, functions or Merchandise related thereto, or User’s provision of information on, by or through the Website, or for loss of anticipated savings, opportunity, revenue, profit or goodwill, or other economic loss; however caused, and whether arising under contract, tort (including negligence) or otherwise, and even if such User has intimated or advised Fabtik, of the possibility of such loss or damages, or Fabtik is, or should reasonably have been aware of such possibility. Without prejudice to the aforesaid, the total aggregate liability of Fabtik, its partners, officers, employees and/or agents for all damages, losses, and causes of action (whether in contract or tort, including, without limitation, negligence or otherwise) arising from the Order or purchase of any Merchandise, these Terms of Use and/or the Website, shall not exceed the aggregate Price of such Merchandise Ordered or purchased, and in any other case, Rs. 1.000/- (Rupees One Thousand Only).

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.

11. INDEMNITY

The User shall indemnify and hold harmless Fabtik, its partners, licensee, affiliates and their respective officers, 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 the User’s breach of this Terms of Use.

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.

13. PRIVACY POLICY

The protection of the User’s privacy is a very important principle for Fabtik. Fabtik understands clearly that the User’s Personal Information is one of Fabtik’s most important assets. Fabtik stores and processes User Information including any sensitive financial information collected (as defined under the IT Act), if any, on computers that are protected by physical as well as reasonable technological security measures and procedures in accordance with IT Act and Rules there under. Our current Privacy Policy is available at [NOTE: INSERT LINK TO PRIVACY POLICY]. If the User objects to User Information being transferred or used in this way please do not use this Website. All information collected from Users, such as registration and credit card information, is subject to Fabtik’s Privacy Policy which is available at [NOTE: INSERT LINK TO PRIVACY POLICY].

14. GOVERNING LAWS

These Terms of Use shall be governed and construed in accordance with the laws of India, without giving effect to the principles of conflict of laws thereunder and the competent Courts/Tribunals at Kolkata shall have the exclusive jurisdiction in any proceedings arising out of these Terms of Use or the use of the Website.

15. GRIEVANCE OFFICER

In accordance with Information Technology (Intermediaries Guidelines) Rules, 2011, the name and contact details of the Grievance Officer are provided below:

Rajni Jaiswal
Fabtik, a Fashion Store
BJ-164, Salt Lake City, Sector II, Kolkata – 700091
support@fabtik.com

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