a) This document is an electronic record in terms of Information Technology Act, 2000 and rules there under 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.
c) The domain name www.sharewardrobe.com ("Website"), is owned and operated by Evlog Online Solutions Private Limited, a Private Limited Company, registered under the provisions of the Companies Act, 2013, and having its registered office at Gurgaon, Haryana, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, partners, officers, agents and their successors and assigns (“Company”).
i) The term ‘You’ & ‘User’ shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
ii) The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
iii) The term ‘Service’ & ‘Services’ shall mean the platform provided by the Company through the Website whereby the User can list his/her new and/or pre-owned / pre-loved clothes, shoes, bags and accessories for sale on the Website to other users, and also purchase such items listed for sale by other users, including transport logistics and storage, for a percentage of the total sale price, as set out in the Fee Policy available at www.sharewardrobe.com/commission (“Fee Policy”)
e) The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
g) The User unequivocally agrees that these Terms read with the aforementioned Fee Policy & Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any Service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make the Terms, Fee Policy & Policy binding on the User, and that the User’s act of visiting the any part of the Website constitutes the User’s full and final acceptance of the same.
h) The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the Terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments / modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website, and avail of the services provided therein.
The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872, and in the case of a legal entity, that the User is the authorised representative of such legal entity, and has the requisite authority to bind the said legal entity to the contents of these Terms. The User may not use this Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule, regulation, or judicial precedent currently in force.
The User further represents and warrants that no other member of the User’s household currently maintains an active account with the Website, and expressly agrees not to transfer his/her account to any other party at any point in time.
These Terms will remain in full force and effect while the User continues to accesses the Website and avail of the Services and/or is in possession of an active account. The User is aware that the Company may terminate, limit or suspend the User’s account at any time, without cause or notice, if the Company believes that the User has breached the Terms, or for any other reason, in its sole discretion. The User is further aware and expressly agrees that even after the User’s account is terminated for any reason, these Terms, Fee Policy & Policy shall survive such termination, and shall continue to operate in full force and effect, except for any terms that by their nature expire or are fully satisfied.
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the products and Services offered on the Website, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Clause 3 hereinabove.
5. ACCOUNT SECURITY
The User is responsible for maintaining the confidentiality of his/her username and password, assigned to the User during the registration process, and the User is solely responsible for all activities that occur under the User’s username and password, including without limitation any orders placed by the User for products/services and any instructions made, and the User expressly agrees to be bound by any such orders originating from the User’s account. The User agrees to immediately notify the Company of any disclosure or unauthorized use of the User’s username or password, or any other breach of security with respect to the User’s account, and also ensure that he/she logs out from his/her account at the end of each session. The User is expressly prohibited from transferring his/her account to any third party, no matter such third party’s relationship with the User.
By using this Website, and providing his/her contact information to the Company through the Website, the User hereby agrees and consents to receiving calls, autodialed and/or pre-recorded message calls, e-mails and SMSs from the Company and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the User wishes to stop receiving any such marketing or promotional calls / email messages / text messages, the User may send an e-mail to the effect to firstname.lastname@example.org with the subject “Unsuvscribe”. The User agrees and acknowledges that it may take up to seven (7) business days for the Company to give effect to such a request by the User.
The User expressly agrees that notwithstanding anything contained hereinabove, he/she may be contacted by the Company or any of its affiliates / partners relating to any product ordered / Service availed of by the User on the Website, or anything pursuant thereto, including without limitation calls from the Website’s delivery partner at the time of delivery of any product(s) ordered or pickup of any product(s) that the User is desirous of listing for sale on the Website.
It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Policy.
7. PROPRIETARY RIGHTS
The User is aware that the Company owns and retains all proprietary rights in the Website, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors, and the User agrees not to copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Website, without first obtaining the prior written consent of the Company, or if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. The User agrees to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
The use of this Website by the User, including browsing the Website and availing any of the Services offered therein is free of cost. The User is however required to pay for any products purchased from the Website, and also bear the cost of shipping and handling in the event that a product listed on the Website is required to be returned to the User, as detailed hereinbelow. However, the Company reserves the right to amend this no-fee policy and charge the User for any or all Services offered / rendered. In such an event, the User will be intimated of the same when he/she attempts to access the Website, and the User shall have the option of declining to avail of the Services offered on the Website. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.
9. MODE OF PAYMENT
The following payment options are available on the Website:
a) As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Maestro Card / Cirrus / Amex, the User will required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) in order to complete the transaction. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of “Evlog Online Solutions Private Limited”. The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same. To place a valid order on the Website, the User is required to complete the transaction, including making payment for the product(s) / Services opted for. This may or may not be assisted with a phone call from a customer service representative. By placing an order on the site or over the phone, the User expressly agrees to the terms and conditions and Fee Policy published in the appropriate section of the Website, or affiliated websites where reference to such affiliated websites has been specifically made.
b) After the User has added products / Services to the shopping cart, and proceed to the checkout section, the User will be asked for his/her preferred delivery address and other contact information, as well as payment related information. Once the payment transaction has been successfully completed, the User’s order will be processed on receipt of the funds from the User’s bank or credit card company. It is at this stage that the User’s order is successfully placed. Thereafter, the products / services purchased by the User will be shipped based on product availability and completion of logistics operations related to the same.
10. CASH ON DELIVERY
The User is aware that certain products or services listed on the Website might be eligible for cash on delivery (“CoD”). Such products/services will have ‘Eligible for CoD’ / ‘Eligible for Cash on Delivery’ displayed on the page pertaining to it. The User is aware that the option of paying CoD is subject to the following terms:
a) CoD is only available on orders between Rs. 1000 and Rs. 5000 (including shipping charges), and is only available for orders to be delivered to certain parts of the country, at the sole discretion of the Company, and the User may confirm his/her eligibility be entering his/her pin codes on the relevant product/service page. Alternatively, based on the User’s shipping location, the CoD option may not be displayed on the User’s payment page.
b) Once a request for CoD has been placed by the User, an automated SMS may be sent to the User’s registered mobile number, and the User may receive a confirmation call from the Company’s representative to confirm the User’s order. If such confirmation is not obtained, the Company reserves the right to immediately cancel the User’s order.
c) At the time of delivery, the User shall be required to hand over the amount payable to the individual making the delivery before taking possession of the package. The User is aware and acknowledges that he/she is not authorised to open the package before making payment for the same, whether or not such act is intended to inspect the product for correctness of order, damage, etc.
d) In the event that the User refuses payment for the package, the User will no longer be eligible to avail of the CoD service offered on the Website, notwithstanding the Company’s right to enforce the User’s obligation to purchase the product, and seek compensation for shipping & delivery costs, and the User expressly agrees to same and further expressly agrees to bear the cost of same without demur or delay.
The User expressly acknowledges and agrees that in the event of cancellation of the User’s order, or in the event of the User being unsatisfied with any of the products purchased/Services availed of, he/she may make a request for a refund of amounts paid clearly stating the reasons for the same, which may be approved or rejected at the sole discretion of the Company, and the User consents to be bound by the same. The User is aware and agrees that in the event that the User has used the products/Services (i.e., if the User has used, worn or washed the garments, or if the User has tampered with or removed the Company's Tag or label in any manner whatsoever), then in such an event, the User shall be deemed to have waived all rights to a refund of amounts paid to the Company for such products/Services, at the sole discretion of the Company. The User further agrees that in the event that a refund request initiated by the User is approved by the Company, the User shall be required to return the product(s) to the Company by registered courier, at his/her own cost, and the amount paid by the User will be refunded/reversed to the User’s account within seven (7) business days of the Company satisfactorily receiving the returned product(s) from the User. For a refund request to be validly made, the User shall be obligated to initiate the same no later than 24 (twenty four) hours after taking delivery of the product(s). Any request for a refund will only be considered valid if made within 24 hours of the User receiving the item(s) in question.
Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company / Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
13. MODIFICATIONS TO SERVICE
The Company reserves the right at any time to add, modify or discontinue, temporarily or permanently, the Website or any of the products or Services listed therein (or any part thereof) with or without notice. The User agrees and acknowledges that the Company shall not be liable to the User or to any third party for any such addition, modification, suspension, discontinuance or permanent removal of the same. The User is aware that the Company may also cancel an order successfully placed by the User if the product/Service opted for is no longer available, or the listing contains errors in relation to description, pricing, etc., and the User agrees and acknowledges that the Company will not be in any way responsible for such a cancellation, or liable to the User in any way other than to provide a refund if payment has been made by the User. To protect the integrity of the Website, the Company reserves the right to block users from certain IP addresses from accessing the Website, at any time and in its sole discretion.
14. USER OBLIGATIONS
The User agrees and acknowledges that he/she is a restricted user of this Website, and that he/she:
a) is bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. Any such use / limited use of the Website will only be allowed with the prior express written permission of the Company. 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 contained on the Website is expressly prohibited.
b) agrees not to access (or attempt to access) the Website and/or the materials or services by any means other than through the interface provided by the Website. The use of deep-link, 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 its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of the User’s access to the Website, as detailed in Section 11 hereinbelow. The User acknowledges and agrees that by accessing or using the Website or any of the services provided therein, he/she may be exposed to content that he/she may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Website. The User expressly agrees and acknowledges that the products / services displayed on the Website are not owned by the Company/Website, and that the same are the exclusive property of certain third parties who have chosen to market their products through the Company’s Website, and that the Company/Website is in no way responsible for the content of the same. The User may however report any such offensive or objectionable content, which the Company may then remove from the Website, at its sole discretion.
c) In places where Website permits the User to post or upload data/information, the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable/offensive may be removed from the Website immediately and without notice, and further that the User’s access to the Website may also be permanently revoked, at the sole discretion of the Company.
d) Further undertakes not to:
i. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
ii. Engage in any activity that interferes with or disrupts access to the Website or the services provided therein (or the servers and networks which are connected to the Website);
iii. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
iv. Publish, post, disseminate, any information which 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 under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
v. Post any image/file/data that infringes the copyright, patent or trademark of another person or legal entity;
vi. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
vii. Download any file posted/uploaded by another user of the Website that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
viii. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. The User may not reverse look-up, trace or seek to trace any information relating to any other user of, or visitor to, the Website, or any other customer of the Website, including any user account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;
ix. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked websites;
x. Collect or store data about other users of the Website.
xi. Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party(ies);
xii. Violate any code of conduct or guideline which may be applicable for or to any particular product or service offered on the Website;
xiii. Violate any applicable laws, rules or regulations currently in force within or outside India;
xiv. Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;
xv. Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
xvi. Publish, post, or disseminate information that is false, inaccurate or misleading;
xvii. Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
xviii. Commit any act that causes the Company to lose (in whole or in part) the services of its internet service provider ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Company/Website;
xix. Engage in advertising to, or solicitation of, other users of the Website to buy or sell any products or services not currently displayed on the Website. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other users via the Website. It shall be a violation of these Terms to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another user of the Website without the express prior written consent of the Company.
e) The User hereby expressly authorises the Company/Website to disclose any and all information relating to the User in the possession of the Company/Website to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft / infringement of intellectual property. The User further understands that the Company/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial order, law, regulation or valid governmental request.
f) The User expressly agrees and acknowledges that the Company/Website has no obligation to monitor the products / materials posted on the Website, but that it has the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, the User remains solely responsible for the content of the materials posted on the Website by him/her. In no event shall the Company/Website assume or be deemed to have any responsibility or liability for any content posted, or for any claims, damages or losses resulting from use of any such content and/or the appearance of any content on the Website. The User hereby represents and warrants that he/she has all necessary rights in and to all content provided as well as all information contained therein, and that such content does not infringe any proprietary or other rights of any third party(ies), nor does it contain any libellous, tortuous, or otherwise unlawful or offensive material, and the User hereby accepts full responsibility for any consequences that may arise due to the publishing of any such material on the Website.
15. SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/ or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend / terminate the User’s membership, and/or refuse to provide User with access to the Website, without being required to provide the User with notice or cause:
a) If the User is in
breach any of these Terms or the Policy;
b) If the User has provided wrong, inaccurate, incomplete or incorrect information;
c) If the User’s actions may cause any harm, damage or loss to the other users or to the Website/Company, at the sole discretion of the Company.
16. INDEMNITY AND LIMITATIONS
a. The User hereby expressly agrees to defend, indemnify and hold harmless the Website and the Company, its employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the User's actions or inactions, including but not limited to any warranties, representations or undertakings, or in relation to the non-fulfilment of any of the User’s obligations under this Agreement, or arising out of the User's infringement of any applicable laws, rules and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, or the infringement of any other rights of a third party.
b. In no event shall the Company/Website be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/Website had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website and/or the products, services or materials contained therein.
c. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Company/Website incurring any form of liability whatsoever, these Terms and the Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
17. INTELLECTUAL PROPERTY RIGHTS
a. Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and other distinctive brand features of the Website are the property of the Company. Furthermore, with respect to the Website created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.
b. The User may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective users of the Website, or that in any manner disparages or discredits the Company/Website, to be determined in the sole discretion of the Company.
c. The User is aware that the products displayed on the Website are the exclusive intellectual property of their respective owners, and that all intellectual property rights, including but not limited to copyrights, relating to said products resides with the said owners, and that at no point does any such intellectual property stand transferred from the aforementioned owners to the Website/Company, or to the User. The User is aware that the Company merely provides a platform through which the aforementioned products are listed for sale to the users of the Website, and the neither the Company nor the Website owns any of the intellectual property relating to the products displayed on the Website.
d. The User is aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced / infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
e. The User is further aware that each such product displayed on the Website may contain its own form of protection, and the User shall be solely responsible in using the said product in strict adherence with the laws governing the same. The Company / Website shall in no manner be responsible in the event of the User contravening the regulations governing the use of such product.
18. DISCLAIMER OF WARRANTIES AND LIABILITIES
a) Except as otherwise expressly stated on the Website, all products/Services offered on the Website are offered on an "AS IS" basis without any warranty whatsoever, either express or implied.
b) The Company/Website makes no representations, express or implied, including without limitation implied warranties of merchantability and fitness of a product for a particular purpose.
c) The User agrees and undertakes that he/she is accessing the Website and transacting at his/her sole risk and are that he/she is using his/her best and prudent judgment before purchasing any product/ availing of the Service listed on the Website, or accessing/using any information displayed thereon.
d) The Website and the Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any product purchased or service availed of by the User from the Website.
e) The Company/Website does not guarantee that the functions and services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website.
f) The User expressly agrees and acknowledges that in the event that the Company/Website is held liable by any court of competent jurisdiction, the maximum quantum of liability that can be imposed on the Company/Website shall be the lesser of the value of the transaction(s) in question and Rs, 1000/- (Rupees One Thousand), and the same shall be the User’s sole remedy.
g) It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Any comments, ideas, suggestions, initiation, or any other content contributed by the User to the Company or this Website will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the User hereby waives any claim to the contrary. The User hereby represents and warrants that he/she owns or otherwise controls all of the rights to the content contributed to the Website, and that use of such content by the Company/Website does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Company/Website by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Company/Website, for its use of any such information provided to it by the User. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.
20. LISTING PRODUCTS ON THE WEBSITE
In the event that the User is desirous of listing products on the Website, he/she may contact the Company by sending an email to email@example.com, listing in detail the number and type of garments that the User wishes to have listed for sale on the Website, photographs, original price, desired listing price, pickup location, etc. The Company may then, at its sole discretion, send a sealable & tamper proof bag to the User by post, into which the User will be required to carefully pack all the aforementioned garments. If the Company sends the User such a bag, the User must only use the same for packing the garments in question. Once the same is completed, the User is required to notify the Company of the same, and the Company will then arrange for the same to be collected from the User within 7 (Seven) business days, and the User shall bear the cost of the same, as may be notified to the User in advance by the Company, from time to time. The Consignment will then be delivered to the Company’s warehouse, wherein the garments will be inspected and thereafter listed for sale on the Website, at the proposed selling price specified by the User. Provided that only garments that pass the Company's standards and meet the Company's requirements will pass such inspection and be listed on the Website, at the sole and absolute discretion of the Company; garments that fail to do so will not be listed on the Website and the User shall be responsible to collect the same, failing which the garments will be dealt with as provided for therein. If the garment(s) listed on the Website remain unsold after 180 (One Hundred and Eighty Days) from the date of receipt of the same by the Company at its warehouse (the “Consignment Period”), the User will have the option of reducing the asking price of the same, or request for the same to be returned to such User, and at his/her cost as provided for hereinbelow. The Consignment Period may be extended with the mutual acceptance of the Company and the User.
The Company may however decline to send such a bag to the User, and require the User to send the garments in question to the Company by packing the same in a sealable, tamper proof and weather proof bag.
The User is aware and expressly agrees and acknowledges that the User alone shall have the sole responsibility of insuring the consignment, and that the Company shall have absolutely no liability should the consignment be lost, damaged or stolen prior to it reaching the Company’s warehouse, and shall further not be responsible in any manner should the contents of the consignment not match the itemised list sent to the Company by the User. The Company shall only be responsible for the garments actually received by it at it’s warehouse and shall only be obligated to insure the same from that point forward. The User further expressly agrees that the User shall not be entitled to request the return of any garment(s) sent to the Company under any circumstance, and agrees that only garments that remain unsold after the Consignment Period shall be eligible to be returned to the User, at the cost of the User, which shall include charges towards storage, refurbishing, shipping & handling, etc. The User is aware that if he/she fails to make payment towards the cost of the same, the Company shall assume title and ownership of such garments, and shall be free to dispose of / sell the same as it sees fit, and at its sole discretion, and the User expressly authorises the Company to do so. Provided that the User shall be entitled to lower the proposed selling price of such unsold items and have the same re-listed on the Website, at the sole discretion of the Company.
21. ITEMS LISTED ON THE WEBSITE
The User expressly and unconditionally undertakes to be honest and fair in communicating a proposed selling price for garments to be listed on the Website, and agrees to not price items above their original retail price or the price at which the User purchased the same. The User further agrees to be honest with the Company regarding the authenticity of the items provided for sale on the Website. User expressly and unconditionally undertakes not to send inauthentic, fake, export surplus or otherwise defective items to the Company. If the items sent by the User are found to be damaged / defective as aforesaid, the same will not be listed on the Website and the User shall be responsible for collecting the same / bearing the entire cost associated with the pick-up and delivery of the same, in addition to the Company's right to ban such User from accessing the Website or availing of the Services provided therein indefinitely, at the sole discretion of the Company. The User also further agrees to indemnify and keep indemnified the Company from any claims arising out of the authenticity or condition of the items supplied by the User, and the company will in no way be deemed responsible or liable for the quality or authenticity of the same in any manner whatsoever.
The User also undertakes to disclose the source / origin of the items (including but not limited to the country of purchase and whether the item in question was brand new or pre-owned at the time). The User further expressly and unconditionally represents that items sent to the Company for the purpose of having the same listed on the Website have been legitimately purchased by the User. If it is later brought to light that the items were not sourced through legal channels and through fair means, such items will be confiscated, in addition to the Company's right to ban such User from accessing the Website or availing of the Services provided therein indefinitely, and reporting the same to the relevant authorities.
The User is aware that for high value items, the Company may require the User to provide some form of authentication – either in the form of a purchase receipt, authenticity card, warranty card, etc., or a written undertaking stating the same.
Any amounts due and payable to the User arising from the sale of item(s) listed for sale on the Website by the User shall be made within 15 (fifteen) working days of the said sale. Provided that the Company shall be entitled to deduct amounts attributable towards its commission, logistics and improvement of the item(s) in question, as communicated to the User at the time of fixing the selling price of the item(s).
Amounts payable to the User by the Company may be, at the sole discretion and option of the User:
i. Transferred to the User’s bank account;
ii. Issued as store credit, redeemable against any product(s) on the Website; or
iii. Donated to certain charitable organisations listed on the Website;
In the event that the User chooses to donate any amounts accrued to his/her account to one or more of the charitable institutions listed on the Website, the User expressly and unconditionally agrees and acknowledges that the Company is in no manner connected / affiliated with such organisations, and further has absolutely no information or control over the manner in which any donated amounts are spent. The User therefore unconditionally agrees to hold harmless the Company from any and all claims that might arise against such charitable institutions, and the Company shall have absolutely no liability in such respect.
22. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and the Policy, and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
a) Mediation: In case of any dispute between the Parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;
b) Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of New Delhi, India.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at New Delhi shall have exclusive jurisdiction over any disputes arising between the Parties.
Any and all communication relating to any suggestions, feedback, refund requests, disputes or grievances experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the Company by email, to firstname.lastname@example.org.
24. MISCELLANEOUS PROVISIONS
a) Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto;
b) Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
c) Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.