Terms of Uses

1. INTRODUCTION

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THIS WEBSITE.

The domain name ShalzFashion.com (hereinafter referred to as the "Website") is owned by S S TECH SOLUTIONS (hereinafter referred to as the "Company"), a partnership firm established/ registered under the provisions of the Indian Partnership Act, 1932, having its registered office at B-242, Sector-23, Raj Nagar, Ghaziabad - 201001, Uttar Pradesh, India. The Website is an e-commerce platform highlighting unique and handcrafted products, in various cities in India and internationally.

The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use ("the Terms"), at any time without any prior written notice to you/person/people/user/customer (hereinafter referred to as the "Customer"). It is Customer's sole responsibility to review these Terms periodically for updates or changes. The Customer's continued use of the Website following the posting of changes shall be deemed to mean that Customers accept and agree to the revisions. As long as Customer complies with these Terms, Company grants a personal, non-exclusive, non-transferable, limited privilege to access and use the Website.

2. MEMBERSHIP ELIGIBILITY

Use of the Website is available only for those person/people/user (hereinafter referred to as the "Customer"), who can enter into legally binding contracts under the Indian Contract Act, 1872. A Customer who is "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Website. Any Customer under the age of 18 shall not register on the Website and shall not transact on or use the Website. If minor wishes to use or transact on the Website, such use or transaction may be made by the minor's legal guardian or parents on the Website. The Company reserves the right to terminate any Customer's membership and/or refuse to provide such Customer with access to the Website, if it is brought to the Company's notice or if it is discovered that such Customer is not eligible to use the Website.

3. ACCEPTANCE OF TERMS

Please carefully read these Terms. By accessing or using the Website, a Customer agreeing to these Terms and concluding a legally binding contract with the Company. A Customer may not authorised to use the Website if Customer do not accept the Terms or unable to be bound by the Terms.

In order to use the Website, a Customer must first agree to the Terms. A Customer can accept the Terms by:

1. Logging into Website via personal e-mail or mobile number; or
2. Actually using the Website. In this case, a Customer understands and agree that the Company will treat their use of the Website as acceptance of the Terms from that point onwards.

4. USAGE CHARGES

Membership on the Platform is free for Customers. The Company does not charge any fee for browsing on the Website. The Company reserves the right to change the Fee Policy from time to time. In particular, the Company may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event, the Company reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after the Company posted it on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR). A Customer shall be solely responsible for compliance of all applicable laws including those in India for making payments.

5. OPENING AN ACCOUNT

In order to use the Website, the Customer will have to create an account ("Account") on the Website, which can be done through registration either by providing personal e-mail and mobile number. As part of the registration, the Customer will be required to provide an e-mail address (with or without password) and mobile number, which is to be used for logging into the Account in the future. A Customer shall not transfer or share the Account details with anyone, or create more than 1 (one) Account.

6. LOGIN CREDENTIALS

The confidentiality of the Customer's username and password is to be maintained by Customer only and in case of any misappropriation or unauthorised access of the Account, Customer agree to communicate the same promptly to the Company. Any information regarding this will be sent to the e-mail address which was used at the time of registration/signup. A Customer shall be responsible for all activities that occur under Customer' Display Name. A Customer agrees that if provided any information that is untrue, inaccurate, not current or incomplete or the Company have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms, the Company shall have the right to indefinitely suspend or terminate or block access of a Customer membership on the Website and refuse to provide access on the Website to a Customer in future.

A Customer' mobile number and/or e-mail is treated as a primary identifier on the Website. It is Customer' responsibility to ensure that mobile number and email is up to date on the Website all the time.

7. PROMOTIONS OFFERS

For any undelivered or returned orders, partial or complete, the customer will not be eligible to avail any of the offer to purchase the original order. The benefit of the offer would also not be included in the refund provided. If the product(s) returned are part of any free offer, Eg: Buy 2 get 1 free or Buy 1 get 1 free, all the products related to the offer would have to be returned by you, as they have been purchased as part of a group offer. The refund/replacement process would only be initiated once all the products have been returned. From time to time, we may provide a free sample or gift along with orders, which are eligible for the offer. These samples/gifts will not be eligible for return/replacement/refund under any circumstances.

8. COUPON CODES

To offer special discounts to our customers from time to time, ShalzFashion provides coupon codes based discounts. To prevent any possible misuses, ShalzFashion has put in place a few checks on the ways in which these coupon codes can be used. To make the best use of the coupon code offers, please go through the following terms and conditions applicable on all coupon codes:

1. Coupon Codes based offer will be valid upon application of the coupon code at the time of placing order.
2. Coupon Codes will be valid till the date communicated or till stocks last on the applicable products, whichever happens, earlier.
3. Coupon Codes will be valid on selected items and only listed coupons will be valid on site. Click here to check all available coupons.
4. Coupon Codes cannot be clubbed with any other coupon code or with any other offer including offers running on the site without using coupons.
5. Coupon Codes can provide either the percentage discount or value discount, stated with coupon code.
6. Coupon codes shared individually with a customer will be applicable on purchase made by that particular customer only.
7. Coupon Codes will not be applied on Shipping / Cash on Delivery (COD) charges.
8. The Cash Coupons added to an account can be changed/updated at any point in time by ShalzFashion without any prior intimation. These changes could be made from time to time even before the valid expiry date of the existing Cash Coupons.
9. The website reserves the right to change the terms and conditions of any coupon code anytime without prior intimation.

9. MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. ShalzFashion reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without any prior notice at any point of time. ShalzFashion shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

10. PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. ShalzFashion doing consistent effort to display as accurately as possible the colours and image of the products similiar to the actual product. However, the actual product and the images on the website may differ.

ShalzFashion reserves the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. ShalzFashion may exercise this right on a case-by-case basis. Also, reserves the right to limit the quantities of any products or services. All descriptions of products or product pricing are subject to change at anytime without any prior notice, at the sole discretion of ShalzFashion. ShalzFashion reserves the right to discontinue any product at any time. ShalzFashion do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

10. ACCURACY OF BILLING AND ACCOUNT INFORMATION

ShalzFashion reserves the right to refuse any order you have placed. ShalzFashion may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that ShalzFashion make a change to or cancel an order, may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. ShalzFashion reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

11. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on ShalzFashion site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. ShalzFashion reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

ShalzFashion undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

12. MODE OF COMMUNICATION

When a Customer uses the Website or sends emails or other data, information or communication to the Company, A Customer agrees and understand that a Customer communicating with the Company through electronic records and a Customer' consent to receive communications via electronic records from the Company periodically and as and when required. The Company shall communicate with a Customer by email or by such other mode of communication, electronic or otherwise.

13. AGREEMENT TO RECEIVE MAILS

A Customer hereby by way of accepting these Terms consent to the receipt of communication from the Company by way of e-mails, newsletters, sms, and WhatsApp messages or accessing the Website.

14. LINKS TO THIRD-PARTY WEBSITES

The Website may contain links and interactive functionality interacting with the websites of third parties. The Company is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, the Company strongly recommends that a Customer should first review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.

15. USE OF THE WEBSITE

A Customer agree, undertake and covenant that, during the use of the Website, a Customer shall not host, display, upload, modify, publish, transmit, update or share any information that:

1. belongs to another person or entity and to which a Customer do not have any rights.
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another person's privacy, hateful or racially or ethnically objectionable, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
3. is misleading in any way.
4. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".
5. infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, e-mail address, physical address or phone number) or rights of publicity.
6. provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses.
7. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Website.
8. engages in commercial activities without the Company's prior written consent such as engages in contests, sweepstakes, barter, advertising, etc.
9. interferes with another user's use of the Website.
10. refers to any website or URL that, in Company's sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.
11. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
12. contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information.

16. CUSTOMER REVIEWS OR MOMENTS

1. The Website may allow a Customer to post certain content, data or information of own, such as allowing a Customer to share their experience and views about a particular post, post Customer's comments and reviews in relation to contents on the Website on specific pages of the Website, as well as submit any suggestions, comments, questions, moments or other information to the Company using the Website (collectively referred to "User Content").
2. A Customer, being the originator of the User Content, are responsible for the User Content that a Customer upload, post, publish, transmit or otherwise make available on the Website. A Customer represent that Customer have obtained all relevant consents and approvals in order to post any User Content. A Customer further represent that all such User Content will be in accordance with applicable law. A Customer acknowledge that the Company does not endorse any User Content on the Website and is not responsible or liable for any User Content. The Company reserves the right, at its sole discretion, to disable the access to the User Content on the Website at any time without any prior written notice.
3. A Customer hereby grants the Company a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. A Customer represent and warrant that a Customer's own or otherwise control all of the rights to the User Content that a Customer post or that a Customer otherwise provide on or through the Website; and that, as at the date that the User Content is posted or submitted on the Website: (i) the User Content is accurate; (ii) use of the User Content a Customer supply does not breach these Terms; and (iii) that such User Content is lawful and legal.
4. A Customer further represents and warrant that while posting any User Content on the Website, a Customer shall not use any offensive, libelous, derogatory, hateful or racially or ethnically objectionable language. Further, a Customer shall not post any content on the Website that is obscene, pornographic, constitutes an "indecent representation of women" as provided in The Indecent Representation of Women (Prohibition) Act, 1986.

17. SELLING

As a registered seller (hereinafter referred to as the "Seller"), a Seller is allowed to list item(s) for sale on the Website in accordance with the Policies which are incorporated by way of reference in Vendor Agreement Terms of Use. A Seller must be legally able to sell the item(s) a Seller list for sale on the Website. A Seller must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics, and pictures that describe a Seller's item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of orders.

18. LIMITATION OF LIABILITY

A Customer hereby acknowledges that the Company shall not be held liable to a Customer for any special, consequential, incidental, and exemplary or punitive damages, or loss of profit or revenues. The Company also not liable under any circumstances for damages arising out or related in any way to a Customer inability to access, or difficulty in accessing the Website, any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website by any third party, any loss of a Customer data or content from the services, a Customer failure to keep password or Account details secure and confidential. The Company shall not be liable under any circumstances for damages arising out of or in any way related to products, services and/or information offered or provided by third-party vendors accessed through the Website.

19. DISCLAIMER OF WARRANTIES

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO A CUSTOMER THROUGH THE WEBSITE (COLLECTIVELY, THE "CONTENTS") ARE PROVIDED BY THE COMPANY ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO CUSTOMER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. A CUSTOMER EXPRESSLY AGREE THAT THE USE OF THE WEBSITE IS AT CUSTOMER'S SOLE RISK. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

20. INDEMNIFICATION

A Customer shall indemnify and hold harmless for the Company, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any and all claims or demands, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Customer's breach of these Terms, Privacy Policy, and other policies, or violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party.

21. CONTENT AND INTELLECTUAL PROPERTY RIGHTS

The Company solely and exclusively owns copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with our Services and Contents and is protected under Indian law.

A Customer hereby acknowledges that the Services constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by the Company and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes the valuable intellectual property of the Company and such others. A Customer hereby agrees to protect the proprietary rights of the Company during and after the term of this agreement. A Customer may not selectively download portions of the website without retaining the copyright notices. A Customer may download the material from the Website only for Customer's own personal use and for no commercial purposes whatsoever.

Any infringement shall lead to appropriate legal proceedings against a Customer at an appropriate forum for seeking all available remedies under applicable laws of the country.

22. TRADEMARK COMPLAINT

The Company respects the intellectual property of others. In case a Customer/ Seller feels that any Trademark has been infringed, a Customer/ Seller can write to the Company at support@shalzfashion.com.

23. TERMINATION OF ACCESS TO SERVICES

The Company reserves the right, at its sole discretion, to terminate the Account at any time,

1. when a Customer by ceasing to use the Website.
2. when the Company, in its sole discretion for any reason or no reason including a Customer's violation of these Terms or lack of use of Services. A Customer acknowledges that the termination of services may be effected without any prior notice, and the Company may immediately deactivate or delete a Customer account and all related information and/or bar any further access to an account or the services. Further, a Customer agrees that SHALZFASHION shall not be liable for any discontinuation or termination of services by any third party.

24. CUSTOMER SUPPORT

All Customer service support relating to any transaction, Product sold on Website including but not limited to order fulfillment, order cancellation, returns, refunds and adjustments, rebates, functionality and warranty, technical support and feedback concerning experiences with its personnel’s, policies or processes, are solely Customer's responsibility. In performing Customer service, a Customer will always present itself as a separate entity from the Company.

The Company shall provide Customer support during all Business Days through Website. Such support shall include appropriate notice to a Customer of means of contacting including e-mail address and contact number, in the event a Customer has questions/queries regarding the nature or quality of the Product and the procedures for resolving disputes. Under no circumstances shall Company be responsible for customer support to a Customer or any third party.

25. PRIVACY POLICY

Please review the Company's Privacy Policy, which also governs a Customer's visit to the Website, to understand the Company's practices. The personal information and data provided to the Company by a Customer during the course of usage of the Website will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If a Customer object to any information being transferred or used, please do not use the Website.

26. ELECTRONIC EXECUTION

These Terms & Conditions are being executed electronically and each Party recognizes that the same is validly executed under the Information Technology Act, 2000 and shall form a binding agreement between the Parties and no Party shall claim invalidity of these Terms and Conditions merely on the grounds that these Terms and Conditions are being executed electronically. For the aforementioned purposes, the Parties hereby agree that these Terms and Conditions are being concluded and executed at Ghaziabad.

27. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. In the event of any dispute arising out of or in relation to these Terms, the same shall be settled by binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Ghaziabad, Uttar Pradesh, India.

28. HOW TO CONTACT THE COMPANY

If a Customer has any question or concern about this Policy, please write to the Company at support@shalzfashion.com.