Terms and conditions of use
Please read these Terms carefully before using this Website. By using this Website, you acknowledge that you have read, understood and agreed to be bound by the Terms contained on this legal webpage, which govern The Store relationship with you in relation to this Website and Services. The Store, a Proprietorship Firm incorporated under the laws of India, may revise and update these Terms from time to time. Your continued usage of the Website/Mobile Application is considered as an implied acceptance of the changes and that you agree to abide by the changed Terms.
In these Terms, references to “you”, “your”, “User(s)”, “they” shall mean the end user (including its successors and permitted assigns) accessing the Website/Mobile Application, its contents and using the Services offered through the Website/Mobile Application, “we”, “us” and “our” shall mean The Store and “party”, “parties” shall mean you and/or The Store as the context may require.
INTRODUCTION:
Fabkart website (“Website”) is an internet based content and e-commerce portal. Use of the Website/Mobile Application is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website/Mobile Application from time to time. The Store at its sole discretion reserves the right not to accept a User from registering on the Website/Mobile Application without assigning any reason thereof.
USER ACCOUNT, PASSWORD, AND SECURITY:
You need to enter the password during the account registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify The Store of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Store cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.
SERVICES OFFERED:
The Store provides a number of Internet-based services through its Website and the Mobile Application (all such services, collectively, the “Service“). One such service enables users to purchase unstitched fabrics from various fabric brands (collectively, “Products“). The Products can be purchased through the Website/Mobile Application through various methods of payment offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like Shipping & Delivery policy , Cancellation & Return policy, prevailing rules & regulations of statutory authorities etc. In addition, these terms and policies may be further supplemented by Product specific conditions, which may be displayed on the webpage of that Product. Upon placing an order, The Store shall ship the Product to you and be entitled to its payment for the Services.
SERVICE FEES:
The Store reserves the right to introduce fees for the services (COD Charges/Shipping Charges etc.,) offered or amend existing fees as the case may be. Changes to the Fee Policy shall automatically become effective immediately after they are posted on the Website/Mobile App.
PRIVACY POLICY:
The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of The Store. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.
CHANNEL SUBSCRIPTION:
By providing your data, you agree to be communicated by us via email and sms to facilitate your navigation of and shopping from the Website/Mobile Application. We may communicate promotional offers periodically and as and when required.
USER CONDUCT AND RULES:
You will not, nor will allow third parties acting on your behalf to (i) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Mobile Application; or (ii) create derivative works of the Mobile Application of any kind whatsoever.
You acknowledge and agree that the terms of agreement with your respective mobile network provider will continue to apply when using the Mobile Application. As a result, you may be charged by the mobile network provider for access to the network connection services for the duration of the connection while accessing the Mobile Application or any such third party charges as may arise. The Store specifically denies any liability for such charges.
You agree and undertake to use the Website/Mobile Application and the Services only for purposes and post and upload data/information/material that are permitted and are proper. By way of example, and not as a limitation, you agree and undertake that when using the Website and/or a Service, you will not:
host, display, upload, modify, publish, transmit, disseminate, update or share any data/information/material/files that-
belongs to another person and to which you do not have any right to;
is grossly harmful, harassing, inappropriate, blasphemous defamatory, obscene, pornographic, paedophilic, profane, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonates another person;
contains software viruses, corrupt files or any other computer code, files or programs designed to interrupt, destroy or limit the operation of the Website or functionality of any computer resource; 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 defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; conduct or forward surveys, contests, pyramid schemes or chain letters;
download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
violate any applicable laws or regulations for the time being in force in or outside India; and
violate any of the terms and conditions of these Terms or any other terms and conditions for the use of the Website/Mobile Application contained elsewhere herein.
exploit any of the Services.
make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement(s) and/or comment(s) about The Store and/or its affiliates/associates.
USER WARRANTY AND REPRESENTATION:
You guarantee, warrant, and certify that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by The Store.
MEMBERSHIP ELIGIBILITY:
Use of the Website/Mobile Application is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website/Mobile Application. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website/Mobile Application and shall not transact on or use the Website/Mobile Application. As a minor if you wish to use or transact on Website/Mobile Application, such use or transaction may be made by your legal guardian or parents on the Website/Mobile Application. The Store reserves the right to terminate your membership and / or refuse to provide you with access to the Website/Mobile Application if it is brought to notice or if it is discovered that you are under the age of 18 years.
EXACTNESS NOT GUARANTEED:
In order to enable you to view and place orders for any Product made available on the Website/Mobile Application, we will provide you with a visual representation of the Product together with a summary description of the Product. While every effort is made to provide accurate visual representations, The Store disclaims any guarantee of exactness of such visual representation or description to the finish and appearance of the final Product delivered to you.
BUSINESS:
Any business associates of The Store identified in this site are independent of The Store. Such business associates are not joint venture partners or any other kind of partners of The Store No employee or representative of any business associate is under the control of The Store.
The information and descriptions contained on this site are intended as general information and are not necessarily complete descriptions of all terms, exclusions and conditions applicable to the Product and Services offered by The Store.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY:
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.THIS WEBSITE, ALL SERVICES AND PRODUCTS PROVIDED THROUGH IT ARE PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER.
INDEMNIFICATION:
You agree to indemnify, defend and hold harmless The Store from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by The Store that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
UNAUTHORIZED CHARGES ON YOUR PAYMENT TENDER:
If you see charges on your credit/debit card/net banking/wallet/other payment modes for purchases made on The Store, but you never created an account or signed up, please check with your family members or business colleagues authorized to make purchases on your behalf, to confirm that they haven’t placed the order. If you’re still unable to recognize the charge, please report the unauthorized purchase within 30 days of the transaction to enable The Store to begin an investigation.
CANCELLATION OF FRAUDULENT/LOSS TO BUSINESS ORDERS:
To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, The Store reserves the right to cancel all past, pending and future orders without any liability. The Store also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of Product on website. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order.
CANCELLATION OF BULK ORDERS
The Store may cancel any orders that classify as ‘Bulk Order’ under certain criteria at any stage of the Product delivery. An order can be classified as ‘Bulk Order’ if it meets with the below mentioned criteria, and any additional criteria as defined by The Store:
Bulk quantity of the same Product ordered
Invalid address given in order details
Any malpractice used to place the order
SHIPPING AND DELIVERY POLICY:
The Store will make a maximum of two to three attempts to deliver your order. In case the customer is not reachable or does not accept delivery of products in these attempts The Store reserves the right to cancel the order(s) at its discretion.
Sometimes, delivery may take longer due to
Bad weather
Flight delays
Political disruptions
Act of God like flood, earthquake, Tsunami etc
Other unforeseen circumstances
Also, we will not be able to compensate for any mental agony caused due to delay in delivery.
We may charge you with a shipping charge (inclusive of tax) in some cases. The communication shall be available to you at the time of placing the order.
We may also give you a facility of gift wrapping with a charges (inclusive of taxes). The communication shall be available to you at the time of placing the order.
In case of refund of the product, return shipping is payable by customer.
CASH ON DELIVERY:
Store reserves its right to approve or disapprove any COD order at its discretion. If you’re using Cash on Delivery as a payment method and your mobile number is not reachable your order will be cancelled.
NO COMPENSATION POLICY:
If the quality of any products, services, information, or other material purchased or obtained by you through the Website did not meet your expectations, no compensation will be given other than the Return and refund or Exchange of the unused and un altered product .
GOVERNING LAW:
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Rohtak, India.
RETURNS AND EXCHANGE POLICY:
Once the order has been delivered, you are given a flexibility to return / exchange the product (s) within 7 days of receiving order. All items to be returned or exchanged must be unused, unwashed and in their original condition with all original tags and packaging intact and should not be damaged or tampered with. return shipping payable by customer
The Store will accept Return or Exchange only if the following conditions are met.
Return/Exchange should be initiated within 7 days of order delivery.
Exchanges are allowed only if your address is serviceable for an Exchange by our logistics team.
The Customer is required to contact the The Store Contact number for return / exchange initiation.
In the event of return, The our customer service team shall schedule a return pickup to your address, the carrier would arrive to your address as per the scheduled pickup date, collect the return and bring it back to our warehouse for quality check. In case the QC passes in our warehouse, we shall refund you as per the refund policy. In case QC Fails, we will return back the product to you.
return shipping is payable by custome
QUESTIONS AND GRIEVANCES
If you have any questions or grievances about our privacy practices, please feel free to contact us at: sidhivinaykrohtak@gmail.com