Terms of Use

Disclaimer: In the event of any discrepancy or conflict, the English version will prevail over the translation.

Welcome to Kurabels.

 

This document is an electronic record in terms of Information Technology Act, 2000 read with Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 framed thereunder including the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 from time to time and for the time being in force. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

The website- www.kurabels.com (hereinafter referred to as “Platform”) is owned and operated by Kurabels Private Limited (hereinafter referred to as “Kurabels” or “us/US” or “we/We” or “our/Our”), a company incorporated under the Companies Act, 2013 and having its Registered Office located at 21/1, PRANNATH PANDIT STREET KOLKATA- 700025, West Bengal, India.

 

For the purpose of these Terms of Use, wherever the context so requires “you/You/your” or “user/User” shall mean any natural or legal person who has agreed to become a buyer/viewer on Platform by providing data while registering on the Platform as Registered User.

 

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

 

By impliedly or expressly accepting these Terms of Use, you accept and agree to be bound by these terms as amended from time to time.

 

In addition, when you use any current or future Kurabels Service (eg. Wish List, Reviews), you will also be subject to the terms and guidelines applicable to it and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. If these Terms of Use are inconsistent with respectively applicable terms and guidelines, the latter shall prevail.

Also, we reserve the right, at our sole discretion, to modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the implemented changes shall mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

 

 

 

 

      1.      MEMBERSHIP ELIGIBILITY

 

Transaction on the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. However, if you are a minor i.e. under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent of a parent or legal guardian.

 

As a minor if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. We reserve the right to terminate your membership and/or refuse to provide you with access to the Platform if it is brought to our notice or if it is discovered that You are under the age of 18 years and independently transacting on the Platform.

 

      2.      USER ACCOUNT

 

You shall provide correct and complete user details at the time of registration and update the same, in case of any change.  If you use this Platform you shall be solely responsible for securing and maintaining the confidentiality of your account and password and all such activities that will occur through this account and consequences thereon. Your communication details such as mobile number and e-mail address shall be treated as your primary identifier on the Platform.

You agree and accept to:

§  prevent your account from unauthorized use and shall immediately notify us in case of breach of confidentiality;

§  keep your account details (including mobile number and e-mail address) updated all the time;

§  ensure that you exit from your account at the end of each session to maintain security.

You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.

Platform reserves the right to indefinitely suspend, refuse access, terminate or block access to your accounts or remove or edit contents posted by you, at any time without serving any notice to you.

 

      3.      COMMUNICATION

 

When you visit and use our Platform you are required to provide your phone number and email id and understand and accept that you are communicating with us through electronic records and you have consented to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

 

      4.      PRIVACY

 

We view protection of your privacy as a very important ethic. We understand that you have reviewed and impliedly accepted our Privacy Policy governing this Platform to understand our practices. The personal information shall be kept strictly confidential, except with our corporate entities and affiliates and on certain cases which shall be pursuant to laws and regulations or to help you to access to the services provided on this Platform but in the good faith only. If at any case you dissent in sharing your personal objection, we believe that you shall not use this Platform. We ensure that for reasons other than above we shall not disclose your privacy without your explicit consent.

 

      5.      CONTRACTS FOR TRANSACTION

 

You acknowledge, understand and agree that www.kurabels.com is an online platform enabling you to purchase products listed on it at the price indicated therein from anywhere and at any time. The Platform is only a facilitator or an aggregator and cannot be made party to or control any transaction entered upon it. Accordingly, the contract of sale entered by you shall be strictly bipartite contract between you and sellers on the Platform.

 

Henceforward:

 

§  All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation to price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties and after sales services related to products and services. Kurabels does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts, offers (including exchange offers) are by the Seller/Brand and not by us. You shall independently agree upon the terms and conditions, delivery, payment, insurance, etc. associated with products or service that you transact with the Seller.

 

§  Placement of order by a Buyer with Seller on the Platform is an offer to buy the product(s) in the order. However, it shall not be construed as Seller’s acceptance of Buyer’s offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual’s consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.

 

§  At no time, we shall hold any any right, title or interest over the products nor shall have any obligations or liabilities in respect of such contract.

 

§  We do not explicitly or implicitly make any representation or warranty or support as to specifications of the products or services offered to be sold and purchased on the Platform. We accept no liability for any errors or omissions or for unsatisfactory or delayed performance of services or damages.

 

§  We neither guarantees nor is responsible for any non-performance or breach of any contract entered into between Buyers and Sellers and shall not act as any mediator to resolve any dispute or disagreement between Buyer and Seller.

 

§  At no point of time, during any transaction between Buyer and Seller on the Platform, we come into or take possession of any of the products or services offered by Seller nor at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.  

 

§  Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).

 

There may be some selected products offered by sellers which may be eligible for business purchases on the Platform.

 

§  Upon your purchase of product(s) eligible for business purchases, you may be able to avail the benefits of GST input tax credit (ITC). Accordingly, at your request, an invoice containing your GSTIN (“Tax Invoice”) shall be issued to Buyer by the Seller(s) selling such products.

 

§  GST invoice will have, inter alia, the following details printed on it: Entity name and -GSTIN associated with your registered business, as provided by you.

 

§  Not all products are eligible for business purchases on the Platform and the same is solely at the discretion of the Sellers. You will be able to view the eligibility of Tax Invoice on the product page on the Platform.

 

§  For seamless availment of ITC, kindly mention the delivery address as the address which is mentioned as the registered place of business as per the records of GST authority. Please note that availment of input tax credit is subject to provisions of GST Act and rules.

 

§  If GSTIN and/or business entity details are not provided by Buyer, it will be presumed that it is a personal purchase and not a business purchase.

 

§  We are not responsible to verify the correctness of the GSTIN and/or entity name provided by You and You shall be entirely responsible to provide the accurate details.

 

§  We and Seller shall not entertain any request for any revision in the GST Invoice and shall not be liable for Your default including for reasons associated with details provided by You.

 

§  We shall not be liable in case You are not able to avail input tax credit or if input tax credit is denied to You for any reason whatsoever.

 

§  You shall be solely liable for all compliances required under applicable laws.

 

§  You agree to indemnify and hold Kurabels and Seller harmless from all losses, claims, costs, expenses, suits, proceedings, or any other liability including any third-party claims (including any penalties imposed by governmental authorities) arising out of or in connection with (1) the GSTIN and/or entity name provided by you or the input tax credit claimed by you or your use or misuse of the GST Invoice and (2) your non-compliance with the applicable laws or (3) your use or misuse of any third-party’s details including GSTIN.

 

§  We have the right to restrict You from business purchases on the Platform, if a fraudulent activity is identified.

 

§  Seller reserves the right to not issue Tax Invoice or issue a credit note against an already issued Tax Invoice to cancel the transaction, if any fraudulent activity is identified.

 

You release and indemnify Kurabels and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of the Kurabels and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, we cannot take responsibility or control the information provided by other users which is made available on the Platform.

 

Kurabels does not warrant that the seller’s product description or other content hosted by them on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

 

Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by Seller may be incorrectly reflected and in such an event Seller may cancel such your order(s).

 

Kurabels may cancel any order that classify as ‘Bulk Orders’/’Fraud orders’ under certain criteria at any stage of the product delivery if it meets with the below mentioned criteria, or any additional criteria as we deem fit:

 

§  Products ordered are not for self-consumption but for commercial resale, except for products offered by Sellers for business purchase.

§  Bulk quantity of the same product ordered.

§  Invalid address given in order details.

§  Any malpractice used to place the order.

§  Any promotional voucher used for placing the ‘Bulk Order’ may not be refunded.

§  Any order paced using a technological glitch/loophole.

 

      6.      ACCESS TO PLATFORM

 

Membership on the Platform is free for buyers. We do not charge any fee for browsing and buying on the Platform. However, we reserve the right to change our fee policy from time to time. Changes to the fee policy, if any, shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Kurabels.

 

We will do our utmost effort to ensure that access to the Platform be uninterrupted and that transmissions be error-free. However, due to the Internet technicalities, this can’t be guaranteed. Also, your access to the Platform may be occasionally suspended or restricted in case of repairs, maintenance, or the introduction of new modules or services at any time without prior notice. We shall attempt to limit the frequency and duration of such suspension or restriction.

 

Subject to your compliance with these Terms of Use and payment of applicable fees, if any, Kurabels grant you a limited licence to access and make personal use of this Platform, except to download (other than page caching) or modify it, or any of its portion, without explicit written consent of Kurabels and/or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this Platform or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of this website or its contents, any downloading or copying of account information for the benefit of another seller, or any use of data mining, robots, or similar data gathering and extraction tools.

 

This Platform or any portion of this Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be framed, reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without explicit written consent of Kurabels and/or its affiliates, as may be applicable.

 

      7.      DISCLAIMER OF WARRANTIES AND LIABILITIES

 

All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Platform are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing.

 

You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.

 

We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with Kurabels nor shall Kurabels have any obligations or liabilities in respect of any transactions on the website.

 

All the Products sold on Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You. You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

 

We will not be liable for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.

 

      8.      YOUR CONDUCT

 

We on certain landing page even allow our Users to experience free exchange of ideas and observations regarding interest in the field of fashion, including ‘viewing user generated content’ and/or ‘videos’ and ‘posting comments’. By accessing, viewing and/or posting any user generated content to any specific dedicated page on the Platform, you accept and consent to the practices described in these ‘Terms of Use’ and ‘Privacy Policies’, as well as any other terms prescribed on the Platform.

 

You understand that only you are responsible for all electronic communications and content sent from your computer to us and you must use the Platform for lawful purposes only. You must not use the Platform:

 

§  for any of fraudulent purposes, or in connection with a criminal offense or other unlawful activity

 

§  to send, use, display, publish, update, share or reuse any information or material that

·         does not belong to you; or

·         is illegal, offensive (including but not limited to material that is defamatory, libellous or sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, insulting or harassing, blasphemous, defamatory, libelous, obscene, pornographic, paedophilic, or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, patent, confidentiality, privacy or any other proprietary information or right; or

·         infringes upon or violates any third party’s rights (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number or intellectual property rights) or rights of publicity; or

·         promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), 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 files;

·         relates to or promotes money laundering or gambling; or is harmful to minors in any way; or

·         impersonates another person; or

·         threatens the unity, integrity, defence, security or sovereignty of India or 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 other nation;

·         or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam; or is patently false and untrue; or

·         contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or

·         contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

·         shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers; or

·         violates any law for the time being in force

 

§  to cause annoyance, inconvenience or needless anxiety.

 

§  to engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on this Platform or related to us.

 

§  to use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.

 

§  to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.

 

§  to interferes with another User’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services;

 

§  that refers to any other website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

 

A User may be considered fraudulent if any of the following scenarios are met:

 

§  Users doesn’t reply to the payment verification mail sent by us or fails to produce adequate documents during the payment details verification

 

§  Users misuse another Users’s phone/email or uses invalid address, email and phone no.

 

§  Users overuse a voucher code or a special voucher not tagged to the email ID used.

 

§  Users returns the wrong product or indulges in excessive returns.

 

§  Users refuses to pay for an order

 

§  Users involved in the snatch and run of any order

 

§  Miscellaneous activities conducted with the sole intention to cause loss to our business/revenue.

 

§  Repeatedly request for monetary compensation for fake/used order.

 

We reserve the right, but has no obligation, to monitor the materials posted on the Platform. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does not necessarily reflect our views. In no event, we shall assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Platform. We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

 

      9.      CONTENTS POSTED ON PLATFORM

 

Users of this Platform may post reviews, comments and other content, send communications, and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content, Kurabels reserves the right (but not the obligation) to remove, refuse, delete or edit any content violating these Terms of Use and, or terminate your permission to access or use this Platform.

 

SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE PLATFORM.

     10.     PAYMENT FACILITY ON PLATFORM

While availing any of the payment method available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

 

§  Lack of authorization for any transaction, or

 

§  Exceeding the maximum limit mutually agreed by You and Your “Bank/s”, or

 

§  Any payment issues arising out of the transaction, or

 

§  Decline of transaction for any other reason(s), or

 

All payments on Platform by you shall be compulsorily only in Indian Rupees acceptable in the Republic of India and shall not facilitate any transaction in any other form of currency.

 

Before shipping or delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

 

As required by applicable law, if a buyer makes a purchase of an amount equal to or above Rs. 2,00,000/-, the buyer will be required to upload a scanned copy of his/her PAN card on the Platform, at the time of making the purchase, failing which, the purchase made by the buyer will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by the buyer, it need not be submitted again. The order of the buyer shall stand cancelled if there is a discrepancy between the name of the buyer and the name on the PAN Card.

 

Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using payment facility and our Platform.

 

You agree and confirm:

 

§  those transactions, consideration price and all commercial terms such as dispatch and delivery are as per bipartite contractual obligations between Buyer and Seller and payment facility is merely used for the completion of the transaction. The use of the payment facility shall not render Kurabels liable for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or action of fraud with respect to the products and /or services for which payment is made or to be made.

 

§  that you have specifically authorized Kurabels or its service providers to collect, process, facilitate and remit payments and/or the transaction price electronically or through Cash on Delivery to and from other Users in respect of transactions through payment facility.

 

§  that we are an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on our Platform that are paid for by using the payment facility. We do not guarantee the identity of any User nor provide an assurance that a Buyer or a Seller will complete a transaction.

 

§  that we are neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the transactions on the executed on our Platform using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, we neither act as trustees nor as fiduciary with respect to any transaction.

 

§  that upon initiating a transaction, you are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the payment facility through which all payments shall be executed.

 

§  that you may communicate with the Seller through electronic communication and electronic records and using the automated features as may be provided by payment facility on any extension/increase in the dispatch and/or Delivery time and the transaction shall stand amended to such extent. Any such extension of dispatch or delivery time or subsequent novation or variation of the transaction should be in compliance with Platform’s payment facility.

 

§  that you, as a Buyer, shall electronically notify payment facility using the appropriate Kurabels platform features immediately upon delivery or non- delivery within the reasonable time period as provided, otherwise, it shall be considered as deemed transaction. In case of Cash on Delivery transactions, Buyer is not required to confirm the receipt of products or services.

 

     11.     REFUND GUIDELINES

 

§  You shall be entitled to claim a refund of the transaction price (as sole and exclusive remedy) in case you do not receive the delivery within the time period agreed in the transaction. In case you do not raise a refund claim using Platform features within the stipulated time than this would make you ineligible for a refund.

 

§  Buyer understands that the payment facility may not be available in full or in part for certain category of products and/or services and/or transactions as mentioned in the Policies and hence you may not be entitled to a refund in respect of the transactions for those products and /or services.

 

§  That except for Cash on Delivery transaction, refund, if any, shall be made at the same issuing bank from where transaction price was received, or through any other method available on the Platform, as chosen by you.

 

§  That for Cash on Delivery transactions, refunds, if any, will be made via electronic payment transfers.

 

§  Refund shall be made in Indian Rupees only and shall be equivalent to the transaction price received in Indian Rupees.

 

§  For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).

 

§  Refunds may be supported for selective banks and in case where your issuing bank is not supported for processing refunds, you will be required to share alternative bank account details with us for processing the refund.

 

§  Refund shall be conditional and shall be with recourse available to Kurabels in case of any misuse by Buyer. We may also request you for additional documents for verification. Hence, refund shall be subject to Buyer complying with Policies.

 

     12.     OUR EXCLUSIVE RIGHTS

 

§  We reserve the right to impose limits on the number of transactions or transaction price which we may receive from on an individual valid Credit/Debit/Cash Card/valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process transactions exceeding such limit.

 

§  Kurabels reserves the right to refuse to process transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with us or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.

 

§  We may do such checks as we deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) transaction price from the Buyer for security or other reasons at the discretion of Kurabels. As a result of such check if we are not satisfied with the creditability of the Buyer or genuineness of the transaction or other reasons at our sole discretion, we shall have the right to reject the receipt of / Buyers commitment to pay transaction price. For avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment, may be disabled for certain account users, at our sole discretion.

 

§  Kurabels may delay notifying the payment confirmation or informing Seller to dispatch, if we deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the transaction. In addition, we may hold consideration amount and may not inform Seller to dispatch or remit consideration to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.

 

§  The Buyer and Seller acknowledge that we will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond our control.

 

     13.     BUYER’S ARRANGEMENT WITH ISSUING BANKS

 

All Valid Credit/Debit/Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.

 

All online bank transfers from valid Bank Accounts are processed using the gateway provided by the respective issuing bank which support payment facility to provide these services to the users. All such online bank transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

 

     14.     REPRESENTATION BY USERS

 

If you do post content or submit material, and unless we indicate otherwise, you

 

(a) grant Kurabels and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and

 

(b) Kurabels and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.

 

You agree that the rights you have granted above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Kurabels, including the execution of deeds and documents, at its request.

 

You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the Platform and that, as at the date that the content or material is submitted to the Platform:

 

§  the content and material is accurate;

 

§  use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory);

 

§  the content is lawful.

 

You may use information on the products and services purposely made available on the Platform for downloading, provided that You

 

§  do not remove any proprietary notice language in all copies of such documents;

§  use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media;

 

§  make no modifications to any such information; and

 

§  do not make any additional representations or warranties relating to such documents.

 

     15.     LIMITATION OF LIABILITY

 

In no event shall Kurabels be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

§  the use or the inability to use the Services or Products

§  unauthorized access to or alteration of the user’s transmissions or data

§  breach of condition, representations or warranties by the manufacturer of the products

§  any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service.

§  maintenance operations or any unplanned suspension of access to the Platform.

 

     16.     INDEMNITY

 

You shall indemnify and hold harmless Kurabels, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, 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 Your breach of this Terms of Use, Privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

 

     17.     TRADEMARK AND COPYRIGHT

 

Platform is controlled and operated by Kurabels and products are sold by respective Sellers. All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Materials on the Platform is solely for Your personal, non-commercial use. You 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 You must not assist any other person to do so otherwise it shall be violation of the copyrights, trademarks and other proprietary rights. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. 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, We reserve the right to use/reproduce any content uploaded by You and You agree to grant us royalty at free with irrevocable, unconditional, perpetual and worldwide right to Us to use the content for reasonable business purpose.

 

     18.     ALTERATION OF SERVICE OR AMENDMENTS TO THE CONDITIONS

 

We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

 

     19.     EVENTS BEYOND OUR REASONABLE CONTROL

 

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

 

     20.     WAIVER

 

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

 

     21.     GOVERNIN LAW AND JURISDICTION

 

These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Kolkata.

 

Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. Those who choose to access this site from other locations/countries other than India do so on their own initiative but we are not responsible for supply of products/refund for the products ordered from other locations/countries other than India.

 

     22.     CONTACT US

 

Please contact us for any questions or comments regarding this Platform by writing to us at [email protected]

 

     23.     GRIEVANCE OFFICER

 

In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:

 

Ms Sonam Kheria

Designation: Nodal Officer

Address : 21/1 Prannath Pandit Street, Kolkata – 700025

Email: [email protected]

Time: Mon – Sat 10am to 7 pm

 

     24.     CUSTOMER SUPPORT

 

You can reach our customer support team to address any of your queries or complaints at [email protected]

 

YOUR CART
  • No products in the cart.
0