TERMS & CONDITIONS
TERMS AND CONDITIONS OF USE (“TERMS”)
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 Vaibhav’s Creations relationship with you in relation to this Website and Services. Vaibhav’s Creations, 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 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, its contents and using the Services offered through the Website, “we”, “us” and “our” shall mean Vaibhav’s Creations and “party”, “parties” shall mean you and/or Vaibhav’s Creations as the context may require.
INTRODUCTION:
www.vaibhavscreations.com website (“Website”) is an internet based content and e-commerce portal operated by Vaibhav’s Creations.
Use of the Website 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 from time to time. Vaibhav’s Creations at its sole discretion reserves the right not to accept a User from registering on the Website 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 Vaibhav’s Creations of any unauthorised 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. Vaibhav’s Creations cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.
SERVICES OFFERED:
Vaibhav’s Creations provides a number of Internet-based services through its Website (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 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, Vaibhav’s Creations shall ship the Product to you and be entitled to its payment for the Services.
SERVICE FEES:
Vaibhav’s Creations 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(www.vaibhavscreations.com).
PRIVACY POLICY:
The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Vaibhav’s Creations. 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. 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) make and distribute copies of the Website (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Mobile Application; or (ii) create derivative works of the Website 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 Website. 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 Website or any such third party charges as may arise. Vaibhav’s Creations specifically denies any liability for such charges.
You agree and undertake to use the Website 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 contained elsewhere herein.
exploit any of the Services.
make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement(s) and/or comment(s) about Vaibhav’s Creations 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 Vaibhav’s Creations.
MEMBERSHIP ELIGIBILITY:
Use of the Website 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. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor if you wish to use or transact on Website, such use or transaction may be made by your legal guardian or parents on the Website. Vaibhav’s Creations reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Vaibhav’s Creations’s 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, 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, Vaibhav’s Creations disclaims any guarantee of exactness of such visual representation or description to the finish and appearance of the final Product delivered to you.
INTELLECTUAL PROPERTY RIGHTS:
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Vaibhav’s Creations owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Vaibhav’s Creations without obtaining authorisation from Vaibhav’s Creations.
Notwithstanding the foregoing, 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, with regard to the Product customisation Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
LINKS TO THIRD PARTY SITES:
The Website may contain links to other websites (“Linked Sites”).The Linked Sites are not under the control of Vaibhav’s Creations or the Website and Vaibhav’s Creations is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Vaibhav’s Creations is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. The inclusion of any link does not imply endorsement by Vaibhav’s Creations or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. Vaibhav’s Creations has no specific prior review process or editorial control over third party content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, members or any other user of this Website, are those of the respective parties and not necessarily those of Vaibhav’s Creations. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such third party information appearing on the Linked Sites or otherwise.
MONITORING:
Vaibhav’s Creations reserves the right, but not the obligation, to monitor this website to determine compliance with the terms of this Legal Webpage and any rules established by Vaibhav’s Creations to satisfy any law or regulation.
BUSINESS:
Any business associates of Vaibhav’s Creations identified in this site are independent of Vaibhav’s Creations. Such business associates are not joint venture partners or any other kind of partners of Vaibhav’s Creations No employee or representative of any business associate is under the control of Vaibhav’s Creations.
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 Vaibhav’s Creations.
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. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, VAIBHAV’S CREATIONS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF SERVICES/PRODUCTS. VAIBHAV’S CREATIONS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS WEBSITE OR RECEIVED THROUGH ANY LINKED SITES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE WEBSITE OR THROUGH ANY LINKED SITES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OF SUCH MATERIAL. UNDER NO CIRCUMSTANCES SHALL VAIBHAV’S CREATIONS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND/OR RELIANCE ON THE WEBSITE, OR PRODUCTS AND SERVICES. USER EXPRESSLY AGREES THAT SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF VAIBHAV’S CREATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, PRODUCTS OR SERVICES, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THIS SERVICE OR RECEIVED THROUGH ANY LINKED SITES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES/PRODUCTS, OR RECEIVED THROUGH ANY LINKED SITES. VAIBHAV’S CREATIONS LIABILITY SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE VALUE SO PAID BY THE CUSTOMER.
GENERAL TERMS AND CONDITIONS:
You are responsible for remaining knowledgeable about the Terms as updated from time to time.
You agree to be communicated by us via email and sms to facilitate your navigation of and use of the Website. We may communicate promotional offers periodically and as and when required.
We shall not be liable or responsible for correspondence lost or delayed in the mail/e-mail/sms.
We reserve the right to deprive you of, or to refuse any of our services, terminate accounts, or amend/refuse/cancel orders at our discretion, without assigning any reason and without prior notification, including but not limited to, if we believe that your conduct violates applicable law or is harmful to our interests.
You represent and warrant that all information placed by you in your profile, including but not limited to name, address, mobile number, email address are correct.
We reserve the right to add, modify, delete or otherwise change the Terms without any approval, prior notice or reference to any User.
In the event of dispute in connection with the interpretation of the Terms, our decision shall be final and binding.
These Terms shall be read in conjunction with the other policies of Vaibhav’s Creations, included herein by reference or otherwise.
INDEMNIFICATION:
You agree to indemnify, defend and hold harmless Vaibhav’s Creations 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 Vaibhav’s Creations 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 Vaibhav’s Creations, 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 recognise the charge, please report the unauthorized purchase within 30 days of the transaction to enable Vaibhav’s Creations to begin an investigation.
PRICING & AVAILABILITY:
We list availability information for Products sold by us on the website, including on each Product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. Though we endeavour to deliver Products within the estimated dispatch time, they are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any Products you order turn out to be unavailable.
All prices are listed in Rupees. “Price”, as displayed, is inclusive of all taxes at the appropriate rate unless stated otherwise. The net amount after discount is considered to be inclusive of taxes wherever applicable as per prevailing laws. Any other charges like shipping charges or gift wrapping charges are also considered to be inclusive of taxes at the appropriate rate unless stated otherwise. All such collected taxes is paid to the appropriate government by Vaibhav’s Creations. You agree to bear any and all applicable taxes, cesses etc levied thereon.
Items in your Shopping Cart will always reflect the most recent price displayed on the item’s product detail page. Please note that this price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart does not reserve the price shown at that time. It is also possible that an item’s price may vary between the time you place it in your basket and the time you purchase it.
The M.R.P. displayed for Products on our website represents the full retail price listed on the Product itself as shared by Manufacturers, Distributors or Sellers. While we attempt to ensure that this information is accurate, there may be cases where M.R.P. of the Product delivered is different from the M.R.P. given on the website due to various reasons including time lag in updating prices post changes in M.R.P., Product belonging to a different batch or different M.R.P.s being used by manufacturers in different regions.
CUSTOMER’S ACKNOWLEDGEMENT:
You agree that the goods are purchased by you for internal / personal consumption and not for resale.
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, Vaibhav’s Creations reserves the right to cancel all past, pending and future orders without any liability. Vaibhav’s Creations 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:
Vaibhav’s Creations 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 Vaibhav’s Creations:
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
ORDER AMENDMENTS POLICY:
CUSTOMER INITIATED AMENDMENTS
Once the orders have been placed, you are given a flexibility to amend the order on account of a variety of reasons. These amendments could be at the order level or at the Product line level.
Following are the policies in this regard:
Vaibhav’s Creations will accept any order amendments till the time it has not been processed in our warehouse.
The Customer is required to contact the Vaibhav’s Creations Contact Centre for cancellation.
Vaibhav’s Creations’s Customer service team would initiate the cancellation requests on behalf of the customer.
Full order cancellation is allowed only if none of the Product line has been processed in our warehouse.
Line cancellation for the entire line is allowed only if the specific order line has not been processed in our warehouse.
If the cancellation request is successful as per above conditions, Vaibhav’s Creations would cancel the order or entire line(s) as the case may be and refund the same to you as per Vaibhav’s Creations’s refund policy.
VAIBHAV’S CREATIONS INITIATED CANCELLATION:
During the order processing stage, there is a possibility that the Product quantities required to fulfil an order are not completely available, for reasons such as physical product found to be damaged at the warehouse, product not traceable etc. Vaibhav’s Creations reserves the right to refuse or cancel orders in case of stock unavailability.
Vaibhav’s Creations’s Customer service team would initiate the communication to you, explaining the reason for such cancellation and initiate a refund to you as per Vaibhav’s Creations’s refund policy.
TITLE AND RISK:
Title and risk of loss for all products ordered by you shall pass on to you upon Vaibhav’s Creations’s shipment to the shipping carrier. However the responsibility of shipment lies with Vaibhav’s Creations.
SHIPPING AND DELIVERY POLICY:
Vaibhav’s Creations will make a maximum of three attempts to deliver your order. In case the customer is not reachable or does not accept delivery of products in these attempts Vaibhav’s Creations 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
In such cases, we will proactively reach out to you. Please check your emails and SMS regularly for such updates.
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, the refund of the shipping charges or gift wrapping charges will be done as per the refund policy.
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 product. The customer cannot request compensation for any reason, including but not limited to: any variation in the finish or appearance of the final product; any delay in delivery caused by unforeseen circumstances; any special, incidental, indirect or consequential damage of any kind caused by a product; missed opportunities to avail certain discounts; any issue with our Delivery partners or their personnel; any voucher which got deactivated due to the end of expiry date; unavailability of items which the customer tried to purchase etc. Unreasonable and unlawful requests for compensation, over and above the entitled refund, will be treated as loss to business cases. Vaibhav’s Creations holds the rights to cancel orders and block accounts of such customers without any prior notice.
TERMINATION:
Vaibhav’s Creations may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms.
If you or Vaibhav’s Creations terminates your use of the Website or any Service, Vaibhav’s Creations may delete any content or other materials relating to your use of the Service and Vaibhav’s Creations will have no liability to you or any third party for doing so.
You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.
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 Bangalore, India.
HEADINGS:
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
INTERPRETATION OF NUMBER AND GENDERS:
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to the Terms as a whole.
SEVERABILITY:
If any provision of the Terms is determined to be void, unlawful or otherwise in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
NO AGENCY OR PARTNERSHIP:
Vaibhav’s Creations and you are independent contractors. Neither party may direct or control the day-to-day activities of the other; neither party may create or assume any legal obligation on behalf of the other.
NO WAIVER:
A delay or omission by Vaibhav’s Creations to exercise any right or power under these Terms will not be construed to be a waiver thereof. A waiver by Vaibhav’s Creations of any of the covenants to be performed by you or any breach thereof will not be construed to be a waiver of any succeeding breach thereof or of any other covenant under these Terms.
NOTICES:
We may provide notice to User via email provided on the user’s registration form or such other address provided by User to Vaibhav’s Creations. User shall provide notice to Vaibhav’s Creations via email to Grievance Cell.
NO THIRD PARTY BENEFICIARIES:
User acknowledges and agrees that these Terms shall in no event be construed as a third party beneficiary contract, and that it is not intended for the benefit of any person or company whomsoever except the parties hereto.
ASSIGNMENT:
Vaibhav’s Creations may assign any or all of its rights and obligations hereunder to any party without the prior consent of or notice to User.
REPORT ABUSE:
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Vaibhav’s Creations does not review the contents in any way before they appear on the Website. Vaibhav’s Creations does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to Grievance Cell.
QUESTIONS AND GRIEVANCES:
If you have any questions or grievances about our privacy practices, please feel free to contact us at: vaibhavscreations@gmail.com