Terms of Service
Terms of Use & Service:
This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended from time to time.
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 user agreement for access and/or transacting and/or usage of [name of the website] and sets out the terms and conditions governing it and the disclaimer "(Terms & Conditions)".
[___________________]"(Website)"is owned and operated by SETMORE EXIML PRIVATE LIMITED, a company incorporated under the Companies Act, 2013 (as amended from time to time) vide CIN-_______________, having its Registered Office at ________________________________________, hereinafter referred to as "Company" [which expression shall, unless it is repugnant to the context or meaning thereof, include its successors and assigns].
All kinds of correspondence should be addressed to the support office address as given above.
Use of this Website is regulated by the Terms & Conditions provided herein.
Users’ visit, dealings, transactions and/or otherwise using this Website shall be treated as you have read, understood and hereby unconditionally accept these Terms & Conditions. These Terms & Conditions shall be treated as legally binding and enforceable agreement between the Company and the User. If the User does not agree with any and/or all of these Terms & Conditions, then the User should stop dealing with and/or cease to initiate and do any transaction on this Website. By impliedly or expressly accepting these Terms of Use, the User also accepts and agrees to be bound by SEPL Policies (including the privacy policy) as amended from time to time.
The information, products and services including but not limited to communications tools, forums, shopping services, search services, offered on this Website or through other mediums, whether now known or hereafter developed, are solely for the User's information and subject to the Users acceptance of the terms, conditions and notices contained herein and should not be considered as a substitute for professional advice. The User's use of the Website and/or services is subject to the additional disclaimers and caveats that may appear throughout the Website. The Company, its affiliate companies, associate companies, subsidiaries, consultants, contractors, advisors, accountants, agents, service providers and/or suppliers assume no responsibility for any consequence relating directly and/or indirectly to any action and/or inaction that the User takes based on the information, services, Products (as defined hereinafter) and other materials offered on this Website. While the Company strives to keep the information relating to the Products offered on this Website accurate, complete and up-to-date, the Company, its subsidiaries, affiliates, associate companies, accountants, advisors, agents, consultants, contractors, service providers and suppliers cannot guarantee, and will not be responsible for any damage and/or loss related to, the accuracy, completeness or timeliness of the information.
The Company may change, suspend and/or discontinue the Product(s) at any time, including the availability of any feature, database and content on the Website. The Company may also impose limits on certain features and services and/or restrict Users’ access to parts and/or all of the services without notice and/or liability to the Users.
In this an agreement (as defined hereinafter), 'Company' and 'User' have been collectively referred to as "Parties" and individually as "Party".
Use of Website
Eligibility:
- Any person who is above eighteen (18) years of age, transacting in legally acceptable currency and competent to enter into a valid contract as defined under the Indian Contract Act, 1872 shall be eligible to visit, use, deal and/or transact at the Website. If the User is not competent to enter into a valid contract then the User is prohibited to visit, use, deal and/or transacting at the Website. Your visit, dealing and/or transaction at the Website shall be treated as your representation that you are competent to enter into valid legal contracts as defined under the Indian Contract Act, 1872.
- User agrees to be responsible for maintaining the confidentiality of User display name and passwords and User shall be responsible for all activities that occur under User’s display name and password. User shall further be responsible for User's use of the services and access of the Website (as well as for use of Users account by others, including without limitation minors living with User). User warrants that all information supplied by User in using the services and accessing the Website, including without limitation Users name, email address, street address, telephone number, mobile number, credit/debit card and/or any other payment instrument number and other payment details is correct and accurate. Failure to provide accurate information may render the User’s account to be temporarily or permanently suspended or indefinite blockage of access to the Website.
Amendment of Terms
- The Company is entitled, at its sole discretion or as may be required by law, to amend these Terms & Conditions anytime without any prior intimation to Users. User shall continue to be responsible and shall be bound to this Agreement as amended by the Company from time to time. Continued use of this Website shall constitute Users acceptance of the modified Terms and conditions of the Agreement.
Registration Data
- User shall be entitled to use the Website for any online shopping transaction after getting him/her registered on the Website after furnishing all relevant information relating to User as sought on the Website. The user shall be solely responsible for the confidentiality of their User Id and Password.
- User shall be solely responsible for the accuracy and correctness of all such details/information given by User during registration. If the Company has reason to doubt the correctness of any details/information furnished by User or in case any information furnished by User is found incorrect, false or misleading then the Company shall be entitled to cancel or suspend the registration of User permanently or for such period as the Company deems fit.
- User shall not (a) select or use the name, User ID, mobile number and/or mail id, of another person with the intent to impersonate that person or (b) use a User id a name subject to any rights of a person other than User without appropriate authorization. The Company reserves the right to refuse registration of or cancel User id at its discretion.
- In order to ensure that the Company is not violating any rights that the User may have in his/her Information, the User hereby agrees to grant in favour of the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the database rights which the User has in his/her Information, including but not limited to rights in any media now or in future with respect to Users Information solely to enable the Company to use the information supplied by the User to the Company. The Company will only use User's Information in accordance with the Agreement.
- User agrees and understands that the Company shall not be responsible in any manner whatsoever for:
- Delivery of Product(s) at the wrong address furnished by User.
- Any loss and/or damage to User due to incorrect, incomplete and/or false information furnished by User or the User shall further be liable to be prosecuted and/or punished under applicable laws for furnishing false, incorrect, and/or misleading information to the Company.
Website Content
- The Website and its content shall only be used in accordance with the terms of the Agreement. All Products/materials displayed and/or the Website are protected by intellectual property rights owned by the Company (as applicable), its subsidiaries, affiliates, associate companies, contractors, partners, and/or suppliers as the case may be. The Website is protected by copyright as a collective work and/or compilation, pursuant to applicable laws.
- If a User uses any information available on the Website for any research that results in an article and/or other publication, the User should list the Company as a resource in their bibliography and the User shall take prior written permission and ensure that no documents or graphics, including logos, sourced from the Website and/or Products are modified in any way.
- User acknowledges that the Company may or may not pre-screen Content, but that the Company and/or its assignees reserve the right (but not the obligated) to pre-screen, refuse or remove any Content and/or Products from the Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations or complaints from third parties and/or authorities relating to such Content) and/or for no reason at all.
- The Company logos, product and service marks and/or names are trademarks which are owned by the Company (the "Marks"). Without the prior written permission of the Company or its appropriate affiliates, the User agrees not to display and/or use in any manner, the Marks. Nothing contained in this Website should be construed as granting, by implication, estoppels, or otherwise, any license or right in and/or to the Marks without the express written permission of the Company or such third party. All other trademarks are the property of their respective owners.
- User’s misuse of the Products, material and/or Marks on the Website and in its contents, except as provided in this Agreement, is strictly prohibited. The User is advised that the Company will aggressively enforce its intellectual property rights in the Website and/or services and its contents to the fullest extent of the law, including by seeking appropriate remedies including criminal sanctions solely at Users risk as to costs and consequences.
Cancellation and blocking due to Bulk Purchases and fraudulent transactions
- This site is meant for retail customers. If we find that the purchased product is bought/used for re-selling, or is a bulk purchase (more than 2 units), we reserve the right to cancel such orders and initiate the refund of said orders within 14 working days. This encompasses, placing an order with multiple quantities of the same or different products, spanning across multiple orders, under the same name, group, mobile number, email address, or IP address. Company may, at its discretion, treat the said order as a bulk order, and reserves it’s right to cancel/reject such order(s) partially or completely, and also to block these users permanently from transacting on croma.com and our stores as well without any notice and liability.
- If we notice any fraudulent transaction, including but not limited to return of fake/old/damaged products in place of original product, or if user does not return the product even after we refund the amount paid for the product, we reserve our right to restrict such user’s future transactions, and/or block these users permanently from transacting with us without any notice and liability.
Product Information and Orders
- Product Descriptions: We strive to provide accurate product descriptions and images, but we do not guarantee that all information is completely error-free. Colors and images may vary depending on your device.
- Pricing: All prices are listed in [currency] and are subject to change without notice. We reserve the right to correct pricing errors or cancel orders if the price was incorrect at the time of purchase.
- Order Acceptance: Your receipt of an order confirmation does not signify our acceptance of your order. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing, or suspicion of fraud.
Payment and Billing
Payment Terms
- User shall be entitled to use a valid credit/debit and/or any other payment cards, or online banking facility and/or UPI and/or Wallet payment etc. as is permissible in India, to make payment against any transaction being effected at the Website. The user undertakes and confirms that he/she would furnish correct, complete and accurate detail of credit/debit and/or any other payment cards, or online banking accounts and shall be solely responsible for any cost, expense, loss and/or damage which may be levied upon the User due to furnishing of wrong detail/information relating to his/her credit/debit and/or any other payment cards or online banking accounts.
- The Company confirms that the detail provided by the User in this regard shall be kept confidential and shall not be disclosed to any third party except to the extent required under the rules of any stock exchange and/or by applicable laws, regulations and/or processes of any government authority and/or in connection with any judicial process regarding any legal action, suit and/or proceeding arising out of and/or relating to this Agreement.
- Further, the Company actively reports and prosecutes actual and suspected credit/debit/cash card fraud. The Company may require further authorization from the User such as a telephone confirmation of Users order and/or other information. The Company’s decision to require further authorization is at its sole discretion. The company reserves the right to cancel, delay, refuse to deliver, or recall from the carrier any order if fraud is suspected. The company shall not be liable to the User for any loss resulting from such cancellation.
- The Company captures certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If an order is suspected to be fraudulent, all records will be submitted with or without a subpoena to all law enforcement agencies and to the credit/debit/cash card company for fraud investigation. The Company will cooperate with authorities to prosecute offenders to the full extent of the law.
- The Company shall take all reasonable precautions to protect the information provided by the User. However, it is expressly provided and accepted by the User that the Company shall not be responsible in any manner whatsoever for any third-party action which results in the information provided by the User being exposed and/or misused by such third party who accessed such information without any authorisation from the Company.
Placing a Pay-on-Delivery Order/Cash on Delivery
- You will be required to make payment by Cash or Card or Wallet to our Courier Partner, only at the time of delivery of your order. However, the device for making payment via card/wallet/UPI is subject to availability. We do not accept cheque or DD for payment.
- Your delivery address should be under the serviceable network of our delivery partner. Please enter the correct pin code to ensure smooth delivery.
- You agree to provide current, complete, and accurate billing information for all purchases made at our store. If your payment method fails, we may cancel your order.
- Orders put on payment method for Cash on delivery or payment made through cash on delivery shall be subject to charges on the quantum of cash and the same shall be notified on or at the time of placing of order/s.
Cancellation of Order before Dispatch of Products by the Company
- The Company hereby informs User that User’s receipt of electronic or other forms of order confirmation does not signify the Company’s acceptance of User’s order, nor does it constitute confirmation of the Company’s offer to sell. The Company reserves the right at any time after receipt of Users order to accept or decline the User’s order for any reason. The Company further reserves the right any time after receipt of the order, to supply less than the quantity ordered by the User. The company will inform the User about its decision to supply the products in quantity less than the quantity ordered. The user then at its discretion may or may not agree to such a modified quantity. The user’s order will be deemed accepted by the Company upon shipment of products or performance of services that the User has ordered as indicated by the Company’s servers. Title to goods and all risk of loss passes to User upon delivery to the User. The Company may require additional verifications or information before accepting any order.
- The Company shall have the right to refuse or cancel any orders placed for Products listed at an erroneous price, rebate or refund, or containing any other incorrect information or typographical errors. The Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and the Users credit/debit/cash card charged. If the User’s credit/debit/cash card has already been charged for the purchase and the Users order is cancelled, the Company shall immediately issue a credit to the User’s credit/debit/cash card account for the amount of the charge.
"Cancel Order" can be initiated any time after booking of order but before the status of order changes to "handed over to courier" on the Website.
Refund Policy
- Any cancellation/exchange in accordance with the above terms qualifies for payment reversal/replacement of the Product depending on availability of the Product and preference of the User.
- Any eligible refund will be initiated by the Company for credit into the same account from where the payment was made by User, within Seven (7) working days of receipt of Request for Cancellation of Order, in case of Cancellation before delivery of the Products, or within Seven (7) working days after the Company’s logistics partner picks up the Product(s) from the Users place, in case of Cancellation of Order after delivery of the Product(s). However, it will be credited to Users bank/credit card/debit card account within such time as taken by banking channels to process the refund transaction. The Company shall not be liable for any charges levied by the bank for processing of the refund transaction and the same will solely be borne by the User.
Shipping and Delivery
- The Company shall exercise all possible measures to ensure that any Product booked on the Website is shipped within Seven (7) working days from the date of booking of order on the Website subject to the successful realization of payment made against the said Order and availability of the Product(s). However, the User understands and confirms that the Company shall not be held responsible for any delay in shipment of Product due to circumstances beyond the control of the Company, provided, the Company takes all required and necessary steps to ensure shipment of the Product within the above mentioned timelines.
- In case of the User books orders of multiple Products in one transaction, the Company would endeavour to ship all Products together. However, this may not always be possible due to Product characteristics and/or logistics issues. If the User purchases multiple Products in a single transaction, then all the Products would be shipped to a single shipping address given by the User. If the User wishes to ship Products to different addresses, then the User should book separate orders based on delivery addresses.
- Company may choose to deliver the Products through our Service Partners. For the purpose of effecting the delivery, the delivery person may connect with the user before the delivery. As part of the process, the delivery person may request you to sign the proof of delivery which needs to be signed and returned to the delivery personnel. The delivery person may in cases wherein the delivery is accepted by a person other than the one under whose name the order is placed may request such person to show valid identity proof.
- Installation of Products will be undertaken by the respective brands or Company’s service partners. Standard installation charges, if any shall be applicable and the User undertakes to abide by and pay necessary charges.
Returns and Refunds
Our Return and Refund Policy outlines the terms for returning products and receiving refunds. Please refer to our Return and Refund Policy for more details.
Tokenisation of Cards
- Definitions:
“Card member” shall mean the User to whom the valid Card has been issued by an authorised card issuer.
“PAN” means the primary card account number that identifies card issuer and particular Card member account.
“Token” means a surrogate value which corresponds to a PAN.
“Tokenised Card” shall mean the Card member’s Card for which unique Token has been assigned on the Website.
“Tokenised Card Transaction” shall mean the transaction effected by using the Tokenised Card for making payment to any other person.
“Token Requestor” shall mean SEPL or SEPL’s service provider which is acting in the capacity of token requestor with token service provider for providing Tokenisation Service.
“Tokenisation Service” shall mean the service of replacement of actual Card details of Card members with Token; and other processes involving Tokens which shall include but not be limited to transaction processing or deregistration of Tokens.
Tokenisation of Cards
The Card member acknowledges and agrees that:
The Card member may initiate a request to Token Requestor for tokenisation of Card after providing explicit consent.
Token Requestor will collect relevant data including Card details and share the same with its third-party partners, card issuers and/or card networks for the purpose of providing the Tokenisation Services.
SEPL, card networks, card issuers and SEPL’s third party partners will have the right to use, transfer and process the data collected from you by SEPL to provide the Tokenisation Services. Such use, transfer and processing will be in accordance with the applicable laws and may be used by card networks for various purposes including internal research, fraud, security, and risk management. SEPL, card networks, card issuers in their sole discretion, shall allow or deny tokenisation of the Card on the Website and such decision of SEPL, card networks, card issuers shall be final and binding on the Card member.
The use of the Tokenised Card may be subject to certain transaction limits (whether in value or number of transaction) imposed, from time to time, by your card issuer or in terms of the applicable law or internal policies and procedure of your card issuer, card network or SEPL.
The laws of India without regard to the principles of conflict of laws will govern the Tokenisation Services and any dispute of any kind that may arise between you and SEPL. The Card member will at all times adhere to all applicable laws, rules, and regulations applicable to use of the Tokenisation Services.
Loss/misuse of Tokenised Cards
The Card member must immediately notify respective bank/card issuer if Token/Card is misplaced, damaged, lost or stolen or if the Card member suspects that the Token/Card is being used without Card member’s permission.
If the Tokenised Card is hot listed due to card damage, loss or theft and such Tokenised Card is blocked by card issuer or card network and IRL shall not be liable or responsible for any transaction incurred using the Tokenised Card prior to time the Tokenised Card being blocked and the Card member will be wholly liable for the same.
The Card member shall be solely liable for all losses in case of misuse of the Tokenised Card by someone who obtained access to the Tokenised Card with the consent of the Card member.
Card member’s undertakings
The Card member undertakes to take appropriate security measures in relation to Tokenised Card including, without limitation, ensuring that no person has unauthorised access to the Tokenised Card.
The Card member shall strictly comply with the terms of card issuer.
The Card member shall be fully and solely responsible for any disclosure of the details of Cards/Tokenised Card details, password/ security credentials or other security details even if such disclosure is accidental or unauthorised. The Card member shall be solely responsible for all risks and consequences of the Tokenised Card being used by unauthorised persons or for unauthorised purposes, if any.
The Card member hereby agrees that the Card member is aware of the various risks (including, without limitation, fraudulent usage of Tokenised Card) associated with usage of the Tokenised Card. The Card member hereby agrees and undertakes to assume and bear all the risks involved in respect of Tokenised Card and usage of the same and IRL shall not be responsible in any manner for the same and shall also not be liable for any claims, loss, damage, cost or expense and liability arising therefrom or in connection therewith.
De-registration of Token
The Card member shall follow the instructions/terms and conditions agreed with SEPL or communicated by the Token Requestor to suspend/stop/delete/terminate/close the Token and not use the features thereof any longer. The Card member hereby acknowledges and agrees that the termination of the Token will not terminate, suspend, close or in any other manner affect the underlying PAN or any payment or other obligations arising therefrom.
Disclaimer
You agree that (i) all risks arising from online transactions using Tokenised Cards will be borne by you; and (ii) Tokenisation Service is provided on ‘as is’ basis.
SEPL and any third-party partners make no warranty, express or implied regarding the quality of the COFT Services including but not limited to the following: i) the COFT Services will meet your requirements; ii) COFT Services will be uninterrupted, timely or error free; or iii) any products, information or material obtained by you in connection with the COFT Services will meet your requirements.
Intellectual Property
All content on our website, including text, graphics, logos, images, and software, is the property of [Electronic Store Name] or its licensors and is protected by intellectual property laws. You may not use, reproduce, or distribute any content without our prior written consent.
Force Majeure
The Company shall not be liable for any failure and/or delay on its part in performing any of its obligations under this Agreement and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by the User by reason thereof if such failure and/or delay shall be the result of or arising out of Force Majeure Event set out herein.
Explanation - “Force Majeure Event" means any event due to any cause beyond the reasonable control of the Company, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake, explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions breakdown and/or hacking of the Website and/or contents provided for availing the Products and/or services under the Website, such that it is impossible to perform the obligations under the Agreement, or any other cause or circumstances beyond the control of the Company hereto which prevents timely fulfillment of the obligation of the Company hereunder.
Warranty Disclaimer
- User acknowledges that the Company has no control over, and no duty to take any action regarding which User gains access to the Website and/or services what Products, content User accesses and/or uploads, posts, emails, transmits and/or otherwise contribute via the Website and/or services what effects the Products, content may have on User and/or any third party how User may interpret and/or use the Products and/or what actions User may take as a result of having been exposed to the Products and/or content. User releases the Company from all liability for User having acquired or not acquired Products, content through the Website and/or services. The Website and/or services may contain, or direct Users to sites and/or services containing, information that some people may find offensive and/or inappropriate. The Company makes no representations concerning any content contained in or accessed through these websites and/or services, and the Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency, or durability of the products, material contained in, or accessed or purchased through these websites and/or services. The services, products, materials, information, content, Website and/or any software are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement except as provided in the Warranty Terms of the said Products given by the respective manufacturer of the said Products. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to the User.
- Although the Company has taken adequate safeguards, the Company makes no guaranty of confidentiality and/or privacy of any communication or information transmitted on the Website and/or for the services and/or any website linked to the Website. Users use this Website and/or services at his/her own risk in accordance with our privacy policy.
Changes are periodically made and added to the Website and to the information herein. The Company, its subsidiaries, affiliates, associate companies, consultants, partners and/or its respective suppliers may make improvements and/or changes to this Website at any time.
The Website and/or services contain views, opinions and recommendations of users of the Website and/or Services, advertisers, third-party information providers and organizations. The Website does not warrant, represent and/or endorse the correctness, authenticity, accuracy, completeness, reliability and/or validity of any opinion and/or other information displayed, uploaded, distributed, posted, emailed, transmitted and/or otherwise contributed through the Website and/or services by anybody other than the Company.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of India without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the Court of Kolkata, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant state/country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration & Conciliation Act, 1996 (as amended from time to time) and shall be subject to jurisdiction of Kolkata.
Changes to Terms of Service
We reserve the right to modify these Terms of Service at any time. Any changes will be effective immediately upon posting on our website. Your continued use of the website after changes are posted constitutes your acceptance of the new terms.
Contact Us
If you have any questions about these Terms of Service, please contact us at:
[Electronic Store Name]
[Email Address]
[Phone Number]
[Physical Address]