Terms and conditions of sale
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").
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
In these Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website. "Service Providers" mean independent third party service providers, and "we", "us" and "our" shall mean Sanskar Fashions Private Limited, its franchisor, affiliates and partners.
Introduction:
1. www.arperabags.com website ("Website") is an Internet based content and e-commerce portal operated by Sanskar Fashions Private Limited, a company incorporated under the laws of India.
2. 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. Arperabags.com 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 will receive a password and account designation upon completing the Website's 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 Arperabags.com 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. Arperabags.com cannot and will not be liable for any loss or damage arising from your failure to comply .
Services Offered:
Arperabags.com provides a number of Internet-based services through the Web Site (all such services, collectively, the "Service"). One such service enables users to purchase original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands. (collectively, "Products"). Upon placing an order, Arperabags.com shall ship the product to you and be entitled to its payment for the Services.
Privacy Policy:
The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Arperabags.com the Website. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.
Limited User:
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that Arperabags's name is stated as the source and prior written permission of Arperabags.com is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
User Conduct and Rules:
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
2. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
3. upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
4. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
5. conduct or forward surveys, contests, pyramid schemes or chain letters;
6. download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
7. 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;
8. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
9. violate any applicable laws or regulations for the time being in force in or outside India; and
10. violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
REVIEWS, FEEDBACK, SUBMISSIONS
All reviews, comments feedback postcards suggestion ideas and other submissions disclosed submitted or offered to arperabags.com or by this Site or otherwise disclosed submitted or offered in connection with your use of this Site (Collectively the "Comments") shall be and remain arperabags.com property. Such disclosure submission or offer of any Comments shall constitute an assignment to arperabags.com of all worldwide rights titles and interests in all copyrights and other intellectual properties in the Comments.
Thus arperabags.com owns exclusively all such rights, titles and interest and shall not be limited in any way in its use commercial or otherwise of any Comments arperabags.com will be entitled to use reproduce disclose modify adapt create create derivative works from publish display and distribute any Comments you submit for any pu8rpose whatsoever without retraction and without compensating you in any way arperabags.com is and shall be under no obligation.
a. To maintain any Comments in confidence
b. To pay you any compensation for any Comments or
c. To respond to any Comments
You agree that any Comment submitted by you to the Site will not violate this policy or any right of any third party including copyright trademark privacy or there personal or propriety right(s), and will not cause injury to any person or entity.
You further agree that no Comments submitted by you to the site will be or will contain libelous or otherwise unlawful threatening abusive or obscene material or contain software viruses political campaigning commercial solicitation chain letters mass mailings or any form of "spam".
arperabags.com does not regularly review posted Comment but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant arperabags.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email address impersonate any person or entity. Or otherwise mislead as to the origin of any Comments you submit you are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify arperabags.com and its affiliates for all claims resulting from any Comments you submit arperabags.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
User Warranty and Representation:
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorised 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 Arperabags.com.
Exactness Not Guaranteed:
Arperabags.com hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. We have made every effort to display the colors of our products that appear on the Site as accurately as possible However as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Intellectual Property Rights:
1. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Arperabags.com 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 Arperabags.com without obtaining authorization from Arperabags.com.
2. 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 customization 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 Arperabags.com or the Website and Arperabags.com 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. Arperabags.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Arperabags.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Arperabags.com or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Disclaimer Of Warranties/Limitation Of Liability:
Arperabags.com has endeavoured to ensure that all the information on the Website is correct, but Arperabags.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Arperabags.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user's transmissions or data; (c) 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. Neither shall Arperabags.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Arperabags.com shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Arperabags.com's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
Indemnification:
You agree to indemnify, defend and hold harmless Arperabags.com 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 Arperabags.com 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.
Pricing:
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at Arperabags.com’s discretion.
Cancellation Policy
CANCELLATION BY arperabags.com
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right at our sole discretion to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. 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. If your order is cancelled after your credit card has been charged the said amount will be reversed back in your in your Card Account. The customer agrees not to dispute the decision made by arperabags.com and accept arperabags.com decision regarding the cancellation
a. Products once dispatched cannot be returned except when an approval have given through care@arperabags.com
CANCELLATION BY YOU
Cancellation within 24 hours of purchase:
You can cancel the order within 24 hours of your purchase by visiting your "My Account" section and requesting returns .Please write to us at care@arperabags.com for your prepaid order.
The customer agrees not to dispute the decision made by arperabags.com and accept arperabags.com’s decision regarding the cancellation
Cancellation after 24 Hours is over:
We need you to understand that on the basis of your consent written/ verbal we despatch the order, thus cancelling the order by you after 24 hours is over is a loss of revenue for us.
In such a case we need a written email from you stating the order number and the reason for cancellation. Please look at our cancellation and returns policy for details.
After receiving that email arperabags.com will take a decision.
Please note:
In cancellation after 24 hours of placing the order, if it is approved, the bonus used if any is not reverted and in case of Prepaid order, the money is reflected back in your account within 2 weeks of the cancellation date.
The customer agrees not to dispute the decision made by arperabags.com and accept arperabags.com decision regarding the cancellation.
Cancellation in COD Cases:
We appreciate if you inform us in advance in case you do not wish to accept the COD order, so that we do not dispatch the order and save on the courier cost and the effort.
Please note: Repeated refusal of COD orders might lead to barring of COD facility without any intimation.
The customer agrees not to dispute the decision made by arperabags.com and accept arperabags.com decision regarding the cancellation.
Shipping:
Title and risk of loss for all products ordered by you shall pass on to you upon Arperabags.com's shipment to the shipping carrier.
Termination:
1. Arperabags.com 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.
2. If you or Arperabags.com terminates your use of the Website or any Service, Arperabags.com may delete any content or other materials relating to your use of the Service and Arperabags.com will have no liability to you or any third party for doing so.
3. 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 pune Maharashtra.
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 invalid or unenforceable 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.
Report Abuse:
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Arperabags.com does not review the contents in any way before they appear on the Website. Arperabags.com 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 report care@arperabags.com.
What we do about mispricings
In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, www.arperabags.com shall have the right at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched.
Terms For Promotions/Contests/Offers/Campaigns
General Terms for Offers and Promotions
1. Discounts will be applied to the total merchandise value including VAT and applicable taxes. Issuance or redemption of a voucher or coupon will apply to the total value of the qualifying order once all promotional discounts have been applied.
2. Only one credit note/gift coupon/coupon can be used per order unless otheriwise stated.
3. Discount coupons - Discount coupons may from time to time be offered to account holders; such coupons may only be applied to purchases made through the account to which the discount coupon was offered and registered. If you need a refund, this will be made in the same way as the original payment method (such as onto a gift voucher, debit/credit card account, a combination of the two and in case of COD, a cheque).
4. Promotional discount coupons - We may from time to time offer promotional discount coupons which may apply in respect of any, or certain specified, purchases made though this Website.
5. Arperabags.com shall introduce various offers, schemes or contest at different times. The terms and conditions for such Contest shall be separately available on the Site.
6. Arperabags.com reserves the right to change/modify/add/delete any of the terms and conditions prevailing on the different promotional schemes it introduces in market from time to time. Arperabags.com, at its discretion, can withdraw a particular scheme from the website or market.
7. In case of any query pertaining to use of coupon and/or credit note or regarding the schemes, please email customer care at care@arperabags.com.
8. While participating in any Arperabags.com contest you hereby agree to release and hold Arperabags.com (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, but not limited to reasonable attorneys' fees, or arising out of or related to your participation in the said Contest.
CREDIT CARD DETAILS
a. You agree, understand and confirm that the credit card details provided by you for availing of services on www.arperabags.com will be correct and accurate and you shall not use the credit card which is not lawfully owned by you i.e. in a credit card transaction you must use your own credit card.
b. You further agree and undertake to provide the correct and valid credit card details to www.arperabags.com
c. Further, the said information will not be utilized and shared by www.arperabags.com with any of the third parties unless required by law regulation on court order.
d. www.arperabags.com will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to prove otherwise shall be exclusively on you.
FRAUDULENT /DECLINED TRANSACTIONS
a. www.arperabags.com reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
b. www.arperabags.com reserves the right to recover the cost of goods collection charges and lawyers fees from persons using the Site fraudulently
ELECTRONIC COMMUNICATIONS
a. When you visit the Site or send emails to us, you are communicating with us electronically.
b. You consent to receive communications from us electronically.
c. We will communicate with you by email, SMS's or by posting notices on the Site.
d. You agree that all agreements notices disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing
YOU AGREE AND CONFIRM
a. That 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 www.arperabags.com for redelivery shall be claimed from you.
b. That you will use the services provided by arperabags.com its affiliates, consultants and contracted companies for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
c. You will provide authentic and true information in all instances where such information is requested of you www.arperabags.com reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to reject the registration and debar you from using the Services of www.arperabags.com and / or other affiliated websites without prior intimation whatsoever.
d. That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
e. That the address at which delivery of the product ordered by you is be made will be correct and proper in all respects.
f. That before placing an order you will check the product description. By placing an order for a product, you agree to be bound by the conditions of sale included in the item's description.
www.arperabags.com reserves the right to send across news letter to you apart from your other subscriptions
www.arperabags.com may put advertising style sheets into any mail box www.arperabags.com shall ensure at all points of time that these style sheets shall not contain offensive material of any kind.
You acknowledge consent and agree that www.arperabags.com may access preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to
a. Comply with legal process
b. Enforce the Terms of service
c. Respond to claims that the content violates the right of the supplier
d. Respond to rights for customer service or
e. Protect the right, property or personal safety of arperabags.com its users and the public
You may not use the Site for any of the following purposes:
a. Gaining unauthorized access to other computer systems
b. Interfering with any other person's use or enjoyment of the Site.
c. Breaching any applicable laws
d. Interfering or disrupting networks or web sites connected to the site.
e. Making, transmitting or storing electronic copies of materials protected by copyright without permission of the owner.
Disclaimer:
It is the customer's responsibility to login earlier if they want to avail better products or styles because Arperabags.com sales are "first come, first served". No information regarding the presence of any Product in our stock will be guaranteed .
In the event of any conflict between these T&C and the terms and conditions pertaining to any Contest, such terms and conditions shall prevail.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
