Terms and Conditions
Terms of Use
This document is an electronic record in terms of Information Technology Act, 2000 & Rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. 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 require publishing the rules and regulations, privacy policy and terms of use for access or usage of www.thevintagesnob.in and its software application(s) (hereinafter referred to as the “Website”, which expression shall include any successor or replacement website(s)). Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("Terms of Use"). By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms of Use, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms of Use, you must not subscribe to or use our services.
These Terms of Use sets out the legally binding terms of services available on the Website as well as at the terms of use of this Website. These Terms of Use along with the Privacy Policy extends to both users, who visit the Website but do not transact business on the Website ("Users” / “Guests"/ “You”) as well as users who are registered with by the Website to transact business on the Website ("Members"/ “You”)
Your use of https://floristaabymahek.com/ and all the web-pages, software applications, hyper-links, tools and services provided thereunder is governed by the present Terms of Use. The Terms of Use shall come into effect upon each visit or usage of the Website, or upon your registration, or upon you providing any information on the Website.
For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing data while registering on the Website as Registered User. The term(s) "Floristaa By Mahek", "We", "Us" and/or "Our" shall mean Floristaa By Mahek and its affiliates.
We reserve the right, at Our sole discretion, to change, 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 Website following the posting of changes will mean that You accept and agree to the revisions. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Companies Policies including but not limited to Privacy Policy as amended from time to time.
- Definition
"Jewellery" means the jewellery that is predesigned or jewellery set which are handcrafted that are available for sale on our website.
- Your Account and Registration Obligations:
- Purchase through the Website:
Firm provides a number of Internet-based services through the Website. One such Service enables Users to purchase original merchandise including but not limited to Jewellery and Hair Accessories (collectively, "Products"). The Products can be purchased through the Website through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like Shipping and Delivery Policy, etc. (which is found on the Website and all of which are incorporated here by reference). It is clarified that at the time of creating a return request, users are required to confirm that the product being returned is unused and has the original packaging intact. If the product returned by the user is used, additionally damaged or if the original packaging are missing, the User’s return request shall be declined, and the said product shall be re-shipped and returned to the customer. In the event that the return request is declined, the User shall not be eligible for store credit, and Firm assumes no liability in this regard. Further, in the event that the User fails to accept the receipt of the said re-shipped product, the User shall continue to be not eligible for a store credit, and Firm assumes no liability with respect to the return or refund for the said re-shipped product. In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product. It is further expressly clarified that the Firm does not warrant that Product description or other content on the Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
- Your Obligations
- You have to provide true, accurate, current and complete information about yourself while registration on https://floristaabymahek.com/.
- You should maintain and promptly update registration data to keep it true, accurate, current and complete. The Firm reserves the right to confirm and validate the information and other details provided by you at any point in time. Further, the Firm also reserves the right to ask for additional information for accepting orders or before making delivery in certain cases. If upon confirmation, your details are found to be false (partially or completely) or if you provide any information that is false, inaccurate, incomplete or not current or if the Firm has reasonable grounds to suspect that such information is false, inaccurate, incomplete, not current or not in accordance with these Terms and Conditions, we have the right to indefinitely suspend or terminate your membership and refuse to provide you with access to our Website and other affiliated websites without any prior intimation whatsoever.
- You confirm that the address at which delivery of the product(s) ordered by you is to be made is correct and proper in all aspects. In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information), any extra cost incurred by the Firm for re-delivery shall be claimed from you and you shall bear such expenses.
- Before placing an order, you shall check the product description carefully. By placing an order for a product, you agree to be bound by the conditions of sale and invitation to offer included in the item's description.
- If there is any delay in the delivery caused due to any force majeure event including without limitation natural calamity, governmental actions, pandemic, public holiday or any other unforeseen circumstance, then the Firm shall not be liable for such delay in the delivery of the product.
- Any product you buy from our Website is completely at your discretion and you accept that you place the order only after thoroughly inquiring about the product and being completely acquainted about the product, its features, characteristics, usage, etc. The Firm is not liable for any kind of damages or losses whatsoever suffered by the customers due to the use of the product. This is applicable for both domestic and international orders.
- Use of the Website:
- You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which You do not have any right to
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, 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
- is misleading in any way
- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous
- 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, email address, physical address or phone number) or rights of publicity
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
- contains video, photographs, or images of another person (with a minor or an adult).
- tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users
- interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services
- infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products
- violates any law for the time being in force
- 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 cognizable offence or prevents investigation of any offence or is insulting any other nation
- shall not be false, inaccurate or misleading
- 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
- A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:
- Misuse of another Users's phone/email
- Users uses invalid address, email and phone no.
- Overuse of a voucher code
- Use of a special voucher not tagged to the email ID used.
- Users returns the wrong product
- 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 business/revenue to Firm/Website
- User with a very high return rate
- Repeated request for monetary compensation for fake/used order
- Firm may cancel any order that classify as 'Bulk Orders'/'Fraud orders' under certain criteria at any stage of the product delivery. An order can be classified as 'Bulk Order'/'Fraud Order' if it meets with the below mentioned criteria, and any additional criteria as defined by Firm:
- Products ordered are not for self-consumption but for commercial resale
- Multiple orders placed for same product at the same address, depending on the product category.
- Bulk quantity of the same product ordered
- Invalid address given in order details
- Any malpractice used to place the order
- Any order paced using a technological glitch/loophole.
- You shall not 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 Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies).
- Disclaimer of Warranties and Liability:
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 Firm nor shall Firm have any obligations or liabilities in respect of any transactions on the website.
- Indemnity:
- Trademark, Copyright and Restriction:
Website is controlled and operated by Firm and products are sold by the Firm itself. All material on Website, including images, illustrations, audio clips, and video clips, are protected by copyright, trademark, and other intellectual property rights in the name of the Firm. Material on Website 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. Without the prior written consent, modification of the materials, use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
- Limitation of Liability:
- 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;
- use of intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of any third party;
- 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 Website or Service. Firm shall not be held responsible for non-availability of the Firm during periodic maintenance operations or any unplanned suspension of access to the Firm. The User understands and agrees that any material and/or data downloaded at Firm is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data.
- To the maximum extend that is permissible under law, Firm’s liability shall be limited to an amount equal to:
- If You are a seller on the Website: an amount of fees, if any, paid by You as seller on the Website for the transaction under dispute;
- If You are a buyer: the Firm’s entire liability and your sole and exclusive remedy in any circumstance is limited to exercise its reasonable efforts to enable to You get the refund of the product price from the seller on the Website.
- Termination:
- If You or Firm terminates your use of the Website or any Service, Firm may delete any content or other materials relating to your use of the Service and Firm will have no liability to you or any third party for doing so. However, your transactions details may be preserved by Firm for purposes of tax or regulatory compliance.
- Firm may unilaterally terminate Your account on any event as mentioned in the Terms Of Use. Any credits earned through loyalty or referral program, Firm credit and pending refunds if any will be forfeited in such case. Returns/Refund for such Users shall be at the sole discretion of Firm.
- If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the Firm or mislead Firm by sharing multiple address and phone numbers or transacting with malafide intentions then Firm reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.
- Jurisdictions of transaction:
For all intents and purposes, upon sale and/or purchase of any goods or service from the Website, it shall be deemed that the same has taken place within the geographical limits of Delhi, India. The present Terms of Use and the transaction taking place on the Website shall be deemed to be covered under all applicable laws as in force in India.
- Governing Law:
These Terms of Use 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 courts, tribunals, fora, applicable authorities at New Delhi, India. The place of jurisdiction shall be exclusively in New Delhi, India.
- Force Majeure:
We are not liable for any delay in the performance or non-performance of any of our obligations hereunder and shall not be liable for any loss or damages caused thereby where the same is occasioned by any cause whatsoever that is beyond our control including but not limited to an act of God, war, civil disturbance, riots, strikes, lock-outs, governmental or parliamentary restrictions, prohibitions or enactments of any kind, pandemic, epidemic, lockdown, import or export regulations, exchange control regulations or accident or non-availability/ delay in transport.
- Modification Of Terms And Conditions:
We reserve the right at any time to modify these Terms of Use at any time without any prior notification to you. You can access the latest version of the Terms of Use at any given time on the Website. You should regularly view the Terms of Use. In the event the modified Terms of Use are not acceptable to you, you may choose not to visit or use the Website. However, if you continue to access, view or use our service of the Website, you shall be deemed to have agreed and accepted to the modified Terms and Conditions and you undertake to abide by the modified Terms and Conditions.