Section 1- Introduction
Welcome to “www.somethingblack.in”, the official website of Indcentric Fashions Private Limited having its registered office at S.No. 183, Capriccio, Wakad, Pune – 411057.
YOU WILL NOT ACCESS OR USE THE WEBSITE OR OUR SERVICE IN ANY MANNER THAT EITHER DIRECTLY OR INDIRECTLY VIOLATES ANY LAW, REGULATION, ORDER OR JUDGMENT APPLICABLE TO YOU, OR THE PROPRIETARY, CONTRACTUAL OR OTHER RIGHTS OF ANYONE. YOU SHALL ACCESS OR USE THE WEBSITE OR SERVICE IN THE MANNER MORE SPECIFICALLY MENTIONED IN THIS AGREEMENT AS APPEARING IN THE BELOW MENTIONED SECTIONS.
Section 2- Eligibility of Use
2.1 The user must be over 18 years of age and competent to contract within the meaning of The Indian Contract Act, 1872. Persons who are incompetent to contract (i.e. minors, lunatics, undischarged insolvents etc.) cannot access or use the website or our services unless it is done through their legal guardians or parents;
2.2 The user can purchase products on the website either by registering on the website or as a guest user without registering. If the user opts to register on the website then the user must successfully register for a user account ("Account"), by truthfully and accurately providing all the mandatory information asked during the registration. If you are registering as a business entity, you represent that you have the valid authority to bind the entity to these Terms. Additionally, you are prohibited from selling, trading, or otherwise transferring your account to another party;
2.3 The user should only register once and hold only one user account.
2.4 We reserve the right to restrict your access to the website totally or partially, if, at any stage it is discovered that you are incompetent to contract or have violated these terms.
Section 3- Accuracy of Content
3.1 We have taken appropriate care to ensure accuracy of the content displayed on the website. All the prices displayed are inclusive of VAT, wherever applicable and are accurate at the time of its publication on the website. Prices and availability of products are subject to change without any prior notice. We have made every effort to show the actual colours of our products that are displayed on the website, but we cannot guarantee that your monitor’s display will accurately reflect the colour of the product as the accuracy of the colour depends on the settings of your monitor.
It is possible that inspite of our efforts to display accurate content about the product or price, a genuine error or typographical mistake may occur. While we will try to rectify such error or typographical mistake forthwith upon our knowledge of the same, we reserve the right, in our sole discretion to either contact you for instructions or cancel your order. Upon cancellation of your order, post processing of the payment, we will reverse the amount to your mode of payment. In the event that we accept your order upon you agreeing to fulfil the instructions provided by us then if there is a need for you to make further payment, the said payment shall be made by you or excess payment shall be credited to your mode of payment where you’ve paid in excess of the appropriate price.
Section 4- Order Cancellations
4.1 By IFPL IFPL reserves the right to refuse or cancel your order anytime without assigning any reasons. In such a case you shall be refunded the amount that you’ve paid to us. Some of the reasons that may lead to refusal or cancellation of your order are 1. Insufficient or unavailability of stock of the product with us 2. Error in display of the product, price or discount information 3. Force majeure 4. Bank or Payment Gateway identifies a problem 5. Technical glitches 6. If your shipping address is not amongst the pincodes to which we ship.
4.2 By You Except for printed products, you may cancel your order before it is dispatched from our end by calling our customer service helpline +91 9881 500 222 or sending us an email at email@example.com. You may cancel your order for a printed product within 3 hours of placing the order as every tshirt goes into printing only when it is ordered by you. To know if your order is printed or not, you may call our customer service helpline +91 9881 500 222. You may return the order after it is delivered to your address in accordance with our shipping and returns policy.
Section 5- General Terms
5.1 You are required to register on the website to be able to access certain parts or avail benefits of the website. You may purchase a product either by registering on the website or as a guest user without registering.
5.2 If you opt to register on the website, you should choose a username and password or login using your social networking website details and provide certain personal and non-personal information at the time of registration. You must give us the correct details in all the fields requiring your personal information, including, without limitation, your name, postal address, email address, telephone number(s). You undertake to update this information and keep it current. Though we may verify or cross check the information provided by you, we are not obliged to do so and we will not be responsible and will not take any responsibility for any outcome or consequence as a result of you providing incorrect information or concealing any relevant information from us. We may, or require you to, verify the correctness of the information anytime, and require for such purpose any further information or documentary proof from you, failing which we reserve the right to suspend or terminate your account permanently.
5.3 You understand that it is your duty and responsibility to safeguard the login details and contents of your user account on the website. You undertake that you will not allow to login or login and then allow, any other person to use or access the website from your user account. You understand and agree that we will not be liable to you or any other person for the consequences arising out of misuse of your user account whether intentionally or unintentionally and whether by you or any other person using your user account.
5.4 You cannot transfer, lease, license, sell, allow use or gift the rights to use your user account.
5.6 You agree to use the website only for the purpose that is legal, proper and in accordance with these terms and any applicable policies or guidelines.
5.7 You hereby understand, agree and acknowledge that you shall not comment, post, transmit, upload, reply, write, remark on our website or any social networking websites, instant messaging services, short messaging services, multimedia messaging services, Blogs or any such other interactive or communication services, anything that is or prima facie appears to be incorrect, inappropriate, obscene, derogatory or defamatory to us or any of our brands or hampers our reputation or reputation of any of our brands or devalues or lowers our esteem in the minds of people.
5.8 You agree that when using the Service, You will not: (5.8.1) modify or replace the text, images, or other content on the website including by (a) changing the order in which the content appear, or (b) modify, replace, obscure, or otherwise hinder the functioning of links to the website or third party websites provided elsewhere by us; (5.8.2) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (5.8.3) upload, post, email or transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless You are the owner of the content or have the permission of the owner to post such content; (5.8.4) use our website for any illegal or unauthorized purpose; (5.8.5) create user accounts by automated means or under false or fraudulent pretenses or multiple registrations of yourself; (5.8.6) do or indulge in doing any activity that will violate any law of the land.
5.9 You shall, at the time of placing order, provide us with a correct name and address for the delivery of our product. In the event that the product is not delivered due to incorrect address provided by you, then you shall be liable to bear the charges for re-delivery of the same product.
Section 6- Communication between You and IFPL
6.1 You may communicate with us either through emails or telephone on the latest email address and telephone number mentioned on the website. You hereby agree that we may communicate with you through emails, telephone and sms on the email address and telephone number that you have provided to us during registration on the website or thereafter. You agree to receive information, notifications, updates, offers, new product launches, discounts or such other communication (hereafter collectively known as ‘communication’) from us through emails, telephone or sms and that such communication satisfies all the statutory requirements. You hereby consent that notwithstanding the activation of DND service for your telephone number, we can call or send sms to you that is related to your present or past transaction with us.
Section 7- Intellectual Property Rights
7.1 All the rights, title and interest in the content of this website is either owned by or licensed to IFPL. Such content may include graphics, designs, music, videos, tradenames, logos, literature, photos, art, sound etc. whether registered or not. You hereby agree and acknowledge that you shall not use or store all or any of the contents of this website, except for personal and non-commercial use, without our prior written approval. You hereby understand that IFPL is not under any obligation to display any marks or identification for aiding you in knowing whether IFPL holds any proprietary rights in all or any contents of the website or any material in question. You cannot modify, re-engineer, repost, delete, use, re-distribute or create derivative works from the contents of the website either in whole or in part for any purpose whatsoever. You hereby agree and acknowledge that you do not acquire any right in the material or content downloaded or used from the website. You shall be liable for any infringement of the proprietary rights of IFPL where you are directly or indirectly a party to such infringement.
7.2 IFPL may provide a pubic area on the website where you may contribute with your views, opinions, answers, gestures or in any other legal form of expression and such contribution may be viewed by any other user of the website. You hereby expressly agree and acknowledge that any material contributed by you on the public area of the website is your original work or that you have acquired appropriate rights of the said material and that you hereby grant IFPL perpetual, royalty-free, irrevocable and non-exclusive right and license to use, reproduce, distribute, modify, adapt, copy, edit, publish, commercialise, and translate such material either whole or in part worldwide and/or to embed or incorporate such material in other works in any form including in any technology or media now known or hereafter developed for the full term of any copyright that may exist in such material.
7.3 CONTENT REMOVAL
It is our policy to respond to notices of alleged infringement that comply with the respective intellectual property rights protection acts. You agree to comply with the applicable Acts or other appropriate process for the removal of content deemed to infringe the rights of third parties.
We reserve the right to remove, delete or modify either wholly or partially your contributed material if such material in our sole opinion is inappropriate including but not limited to it being infringing proprietary rights of us or any third party, defamatory, against the public policy, hurting the sentiments of any religion, race, sex or caste, promoting hatred, vulgar or illegal.
Section 8- Disclaimer
8.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OR CLAIMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE ACCESS OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF SERVICE OR INFORMATION AVAILED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR SUCH OTHER COMPUTER SYSTEM THROUGH WHICH YOU’VE ACCESSED OR USED THE WEBSITE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR ACCESS OF THE WEBSITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
8.2 The user hereby understands, agrees and acknowledges that the payments to us through any mode of payment including by way of credit card, debit card, internet banking or prepaid cash cards are either processed through third party payment gateways or require authorisation by the intermediary which process the payments. The processing of payments or authorization is solely in accordance with their policies, terms & conditions and we are not in any manner responsible or liable to you or any third party for any delay or failure at their end in processing the payments. If your payment is delayed or declined by the third party payment gateway or intermediary then you may email us at firstname.lastname@example.org mentioning full particulars of the payment including date and the transaction number. However, we will not be liable or responsible to you in any manner, if in the unfortunate event that inspite of our efforts your payment is eventually delayed or declined.
8.3 THIS DISCLAIMER IS NOT APPLICABLE TO THE PRODUCT WARRANTY THAT SPECIFICALLY COMES WITH THE PURCHASE OF OUR PRODUCT.
Section 9- Limitation of Liability
9.1 YOU UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR DATA; OR (iii) ANY OTHER MATTER RELATING TO THE WEBSITE.
Section 10- Indemnity
Section 11- Termination
11.1 IFPL or You may terminate these terms anytime. IFPL, upon termination of these terms shall have the right to forthwith restrict your right to access the website, terminate your account and password. You shall, after you terminate these terms, discontinue using or accessing this website.
Section 12- Survival
12.1 Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms.
SECTION 13- GENERAL INFORMATION
13.2 Choice of Law and Forum. This Agreement and the relationship between You and us shall be governed by the laws of India and You agree to be bound by the courts at Pune, Maharashtra.
13.3 Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement will remain in full force and effect.
13.4 Headings. The section headings in this Agreement are for convenience only and have no legal or contractual effect.