Terms & Conditions
"Conditions" means these terms and conditions of use herein described.
"Content" means all content available on the Website, including, but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof.
"Invoice" means the document enclosed with Your order that lists all of the goods that We have sent to You.
"Force Majeure" shall mean any Act of God, war, riot, civil disturbance, labor disturbance, terrorism, fire, storm or flood, Act, restriction, regulation, bye-law, prohibition or measure of any kind on the part of any governmental, parliamentary or local authority, import or export regulation or embargo, strike, industrial dispute, or lockout, explosion, power outage, breakdown, or unavailability of plant, property, and/or machinery, or any other cause beyond Our reasonable control.
"Personal Details" means the details provided by You.
"Product" means a product displayed for sale on the Website.
"Trade Marks" means the trade marks, logos, and service marks displayed on the Website.
"Website" means www.fizziqueofficial.com
"You/Your/Yours/Yourself" means You, a user of the Website.
"Order No." means the unique, system generated number that refers to the order you have placed on www.fizziqueofficial.com
USE OF WEBSITE
You are provided with access to the Website in accordance with these Conditions and any orders placed by You are placed strictly in accordance with these Conditions.
You warrant that the Personal Details which You provide when You register as a customer is true, accurate, current and complete in all respects and in particular You agree not to impersonate any other person or entity or to use a false name or a name that You are not authorized to use.
You agree to notify us immediately of any changes to Your Personal Details by contacting Our web customer services team by e-mail at firstname.lastname@example.org
You agree to notify us immediately of any changes to Your Personal Details by contacting Our web customer services team by e-mail at email@example.com
We reserve the right to:
Modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to You and confirm that We shall not be liable to You or any third party for any modification to or withdrawal of the Website; and/or
Change the Conditions from time to time, and Your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Conditions then You must immediately stop using the Website.
Refunds (if applicable)
We do refund if there is any manufacturing defect. Which is in case of fabric or print defect.
Damage due to shipping is not covered under this policy.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
The company reserves the final rights in case of any disputes whatsoever.
EXCHANGES (IF APPLICABLE)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at firstname.lastname@example.org or call +91-9819038282 within 7 days of receipt of the product.
All orders are subject to acceptance in accordance with Our ordering policy
If You have provided Us with a valid e-mail address We will send You an order acknowledgement e-mail detailing the Products You have ordered. This is not an order confirmation or order acceptance from Us. Our acceptance of Your order will take place once we have received payment and all details regarding your order in regards to measurements, sizing and complete shipping information are accurate.
Non-acceptance of an order may be a result of one of the following:
- The product You ordered is deemed unavailable or can't be produced due to unforeseen circumstances.
- Our inability to obtain authorization for payment or a problem receiving Your payment.
- The shipping address you have provided is invalid or incomplete.
- The identification of a pricing or Product description error.
- Your failing to meet the eligibility to order criteria as set out in the Conditions
If there are any problems with Your order, You will be contacted by Our online customer service representative team as soon as possible to complete the order process.
We reserve the right to reject any offer to purchase by You at any time. We will take all reasonable care, in so far as it is in Our power to do so, to keep the details of Your order and payment secure, but in the absence of negligence on Our part We cannot be held liable for any loss You may suffer if a third party procures unauthorized access to any data You provide. All Products shown on the Website are subject to availability.
CONTRACT CREATION AND ELECTRONIC CONTRACTING
The technical steps required to create the contract between You and Us are as follows:
- You place the order for Your Product(s) on the Website by clicking the Make Payment on the Payment page of the checkout process using our payment processing provider's service.
- You will be guided through the process of placing an order by a series of simple instructions on the Website
- We will send You an order acknowledgement e-mail detailing the Products You have ordered. This is not an order confirmation or order acceptance from Us.
If You do require any information regarding orders You have placed with Us please Contact Us on email@example.com
You confirm that the credit or debit that is being used is Yours. All credit and debit cards are subject to validation checks and authorization by the card issuer. If the issuer of Your payment card refuses to or does not, for any reason, authorize payment to Us, We will not be liable for any delay or non-delivery. All payment transactions are subject to Risk Management Clearance test performed by our third party payment gateway provider
REFUSAL OF TRANSACTION
With regard to any contract for the purchase of Products from Our Website We reserve the right to withdraw any Products from the Website at any time and/or remove or edit any materials or content on the Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at Our sole and unfettered discretion. We will notify You if We do not accept Your order. We will not be liable to You or any third party by reason of:
Our withdrawing any Product from the Website whether or not that Product has been ordered;
removing or editing any materials or content on the Website;
refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
ELIGIBILITY TO ORDER
To be eligible to purchase Products on this Website and lawfully enter into and form a contract with Us under Indian Contract Act, 1872 You must:
- When creating an order provide Your real name, phone number, e-mail address, payment details and other requested information;
- Stipulate a delivery address in India or elsewhere in the world. Please note that PO Box numbers, BFPO addresses, mail forwarding addresses and temporary residence addresses are not acceptable;
- Possess a valid credit or debit card issued by a bank acceptable to Us;
- By making an offer to buy a Product, You specifically authorize Us to transmit information (including any updated information) or to obtain information about You from third parties from time to time, including but not limited to Your debit or credit card number or credit reports, to authenticate Your identity, to validate Your debit or credit card, to obtain an initial debit or credit card authorization and to authorize individual purchase transactions
To be eligible to purchase Products on this Website and lawfully enter into and form a contract with Us under Indian Contract Act, 1872 you must provide us with a valid shipping address and valid phone number.
RESALE OF PRODUCT
You may not sell or re-sell or rent any of the Products or services, and any samples thereof, You receive from Us.
UNAUTHORIZED USE OF DOMAIN NAME
From time to time, certain cyber squatters or other unauthorized persons may register in bad faith a confusingly similar domain name with the intention of taking unfair advantage of Sole Affair’s reputation and goodwill. The Sole Affair Website address on the Internet is www.fizziqueofficial.com. Any other domain name that appears to represent itself as being a Sole Affair Website may not be related to Us and may represent an unlawful infringement of Our rights, reputation and goodwill. We are not responsible and cannot be held liable to any person for the contents or anything related to these other unlawful websites.
The materials on this Website are directed solely at those who understand and appreciate Indian Fashion, its styling and sizing. Given the unpredictability of technology and the online environment, We do not warrant (either expressly or impliedly) that the function, operation or accessibility of the Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available will be free of viruses or other harmful elements. As a condition to become a visitor to and a user of the Website, You agree to these Conditions and that access is undertaken at Your own risk. We shall not be liable for damages of any kind related to Your use of or inability to access this site. We will not be responsible or liable to You for any loss of content or material uploaded or transmitted through the Website.We have made every effort to display the Products featured on Our Website as accurately as possible. However, the colors We use, as well as the display and color capabilities of Your particular computer monitor, will greatly affect the colors You actually see on the screen. We cannot be held responsible for the limitations of technology and cannot guarantee that Your monitors display of any color, texture, or detail of actual merchandise will be accurate.
We endeavor to present the most recent, most accurate, and most reliable information on Our Website at all times. However, We make no claims to its accuracy, either expressed or implied. There may be occasions when some of the information featured on Our Website may contain incomplete data, typographical errors or inaccuracies. Any errors are wholly unintentional and We apologize for any inconvenience that this might cause. We reserve the right to amend errors, make changes to Our Website or to update Product information at any time without prior notice and without any liability on Our part. To the fullest extent permitted by law, We disclaim all warranties, expressed or implied.
While We take all reasonable care to ensure the integrity of the Website and the accuracy of the information contained in them We cannot accept any liability to any person for any loss or damage of any kind (whether or not We ought reasonably to have known of or had been advised of the possibility of the same) which may arise from the use of the Website or any of the materials or information contained in them and You use the Website at Your own risk.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on the Website at a particular time may not always reflect the position exactly at the moment You place an order. We cannot confirm the price of a Product until Your order is accepted in accordance with Our ordering policy.
The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and We make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
To the fullest extent permissible under applicable law, We disclaim any and all warranties of any kind, whether express or implied, in relation to the Products.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract and/or other representations or otherwise out of or in connection with the Conditions for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings);
- any loss of goodwill or reputation;
- any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
- Save in relation to clause (liability for death or personal injury) Our liability under any contract for Products purchased from Us shall be limited to the Product Value of Your order
- We do not guarantee that any product sold on-line will be available in any of our stores or that the price quoted on-line will match that at any of our stores, trunk shows, events or partners.
- We shall not be under any liability to You in the event of Our failure, delay or default in carrying out all or any of Our obligations under these Conditions due in whole or in part to an event of Force Majeure
The Trade Marks used on the Website are the registered and unregistered marks of Fizzique, Our affiliates, Our licensors or Our partners, and are protected by Indian and international trade mark laws. All other Trade Marks not owned by Us, Our affiliates, Our partners or Our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Us.
You acknowledge and agree that the material and content contained within the Website is made available for Your personal non-commercial use only and that You may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited.
You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
COMPLIANCE WITH LAWS
This Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through Our Website.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
THIRD PARTY RIGHTS
It is agreed that any person who is not a party to any Contract between You and Us shall not be allowed to rely on.
No waiver by Us shall be construed as a waiver of any preceding or succeeding breach of any provision.
You confirm that, in agreeing to accept the Conditions, You have not relied on any representation save in so far as the same has expressly been made a term of these Conditions and You agree that You shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these Conditions.
The Conditions shall be deemed to have concluded in Mumbai, India and be governed and We and You irrevocably submit to the exclusive jurisdiction of the courts of Mumbai.
Questions regarding this Policy should be directed to the registered office of Sole Affair.
We agree that we will not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. From time to time we may reveal general statistical information about our Site and visitors, such as number of visitors, number and type of goods and services purchased, etc. Only those of our employees who need access to your information in order to perform their duties are allowed such access. Any employee who violates our privacy and/or security policies is subject to disciplinary action, including possible termination and civil and/or criminal prosecution.
Collection of Information
When you use our Site, we collect and store your personal information from you. Our primary goal in doing so is for the purposes of provisioning our services. In general, you can browse the Site without revealing any personal information about yourself. To fully use our Site, you will need to register using our online registration form, where you may be required to provide us with your name, date of birth, contact number, email address, user id, password, residence / place of business information, billing information, shipping information, bank account details and other personal information as indicated on the forms throughout the Site. You always have the option to not provide information by choosing not to use a particular service or feature on the Site.
We may automatically track certain information about you based upon your activities on our site. We use this information to do internal research on our users' demographics, interests, and behavior to better understand, protect and serve our users. This information is compiled and analyzed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on our site or not), which URL you next go to (whether this URL is on our site or not), your computer browser information, and your IP address.
We do not store any of your credit/debit card information including expiration date, billing address associated with your credit/debit card. We do not store any of your banking information should you chose to pay via netbanking or any other payment options that we offer through our payment gateways.
If you decide to use online payment services for the purchase of items, we may collect some additional information, such as a billing address, and mailing address as well as a phone number to deliver the orders to you.
If you choose to post messages on our message boards, chat rooms or other message areas or leave feedback for other users, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.
If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect such information into a file specific to you.
Use of Your Information
We use your personal information to facilitate the services you request. We use your personal information in the file we maintain about you, and other information we obtain from your current and past activities on the Site to: resolve disputes; troubleshoot problems; help promote safe transactions; collect payments owed; measure consumer interest in the services provided by us, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our Terms & Conditions; and as otherwise described to you at the time of collection. At times, we may look across multiple users to identify problems or resolve disputes, and in particular we may examine your personal information to identify users using multiple User IDs or aliases. We may compare and review your personal information for errors, omissions and for accuracy.
Disclosure of Your Information
We may also use your information to deliver information to you that, in some cases, are targeted to your interests, such as new services and promotions. We may use various outside agencies (third party service providers) to make our Site operate. For example, we may use third parties to host our Site, operate various features made available on our Site, send emails, analyze data, provide search results and links, and assist in fulfilling your orders. Some of these third parties may need access to your information in order to make the services provided through our Site. Information will only be disclosed to these service providers on a need-to-know basis, and they will only be permitted to use such information for the purpose of providing the particular services provided by such entities in connection with our Site.
We cooperate with law enforcement and regulatory inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights, to help protect you and other Users. Therefore, in response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we can (and you authorize us to) disclose your name, city, state, telephone number, email address, User ID history, fraud complaints, and purchasing history without notice. Without limiting the above, in an effort to respect your privacy, we will not otherwise disclose your personal information to law enforcement or other government officials without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss; or report suspected illegal activity. Further, we can (and you authorize us to) disclose your name, street address, city, state, zip code, country, phone number, email, and company name to Intellectual Property rights owners under confidentiality agreement, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
When you place orders or access your account information, we offer the use of a secure server. The secure server software (SSL) encrypts all information you put in before it is sent to us. Furthermore, all of the customer data we collect is protected against unauthorized access. To prevent unauthorized access, maintain data accuracy, and ensure correct use of information, we will employ reasonable security practices and procedures and current Internet security methods and technologies in compliance with Information Technology Act, 2000 and rules made there under.
Changes in policy
Name and address of the entity collecting and retaining Your Information
Name and address of the entity collecting and retaining Your Information shall be the contracting entity stated in the Terms & Conditions.