TERMS & CONDITIONS
Please carefully read the following important terms and conditions before using the website.
In this contract , You (“you” or “End User” or ”your” or “Buyer” or “Customer”) are required to read and accept all of the terms and conditions as laid down in this document before you may use www.payalpratap.com (hereinafter referred to as “Site” or “we” or “our”).
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site. If you use the Site, you are responsible for maintaining the confidentiality of your account and password including cases when it is being used by any of your family members, friends or relatives, whether a minor or an adult. You further agree to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account, whether by any family member, friend, relative, any third party or otherwise shall not be entertained by the Company. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.
The Website may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement or association with their operators or promoters.
TERMS OF SALE
The Website displays an online catalog of products and prices. You may be permitted to place orders seeking to purchase products and other offerings (“Products”) available for sale on the Website (whether in the form of an online order submitted through the Website or an order submitted by way of email or phone). All orders are subject acceptance by Payal Pratap, in its sole discretion. In addition to this Agreement, your purchase of any Products is governed by the terms displayed on the Website in connection with each Product and any additional terms provided to you in connection with your order or any acceptance of your order provided by Payal Pratap (the “Terms of Sale”). By placing an order, you agree to be bound by the Terms of Sale with respect to that order and all Products included in that order. If this Agreement conflicts with the Terms of Sale for any order, the Terms of Sale will govern and control with respect to the Products provided to you under that order. If a Product is listed at an incorrect price or with incorrect information, we shall have the right to refuse or cancel any Order placed for those Products, whether or not the order has been confirmed or your credit card has been charged.
The Products displayed on the Website are owned and sold by Payal Pratap. We attempt to be as accurate as possible in the description of the Products. However, we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. The images of the Products on the Website are for illustrative purposes only. Although we attempt to display the colours accurately, we we cannot guarantee that your monitor or screen’s display of any colour will be completely accurate, as computer monitors and screens of electronic devices vary.
Any information on the Website regarding sizing of Products is included as a guide only. If you are in any doubt as to the size of any Product you require, we recommend that you contact us prior to placing an order.
From time to time, we may modify or remove, either temporarily or permanently, some of the Products and/or services, and related features and specifications, that are displayed on or made available through the Website, or make changes to the applicable prices for any such Product or services, or to the circumstances in which we can modify and/or withdraw the Products that we may be selling through the Website, without any prior notice to you.
The price of our merchandise as mentioned on www.payalpratap.com is the Maximum Retail Price (MRP) for the said product and inclusive of all local taxes as are applicable in India. The GST charged shall depend upon the destination where the order has to be shipped. Additional applicable taxes may be charged depending upon the destination where the order has to be shipped to. The tax rate applied and charged upon the order shall include combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. We reserve the right to collect shipping charges wherever applicable.
We offer customization of select garments according to precise measurements of your body type. Additional charges and shipping costs are to be borne by the customer. All custom made orders are non-returnable and non-refundable. If you would like to customize an outfit, You can write to us at firstname.lastname@example.org and we will revert promptly. Alternately you could call our customer care number 99xxxxxxxx between the hours of 10 am and 6 pm Monday to Saturday and our team will assist you.
We have made every effort to display the colours of our products that appear on Payal Pratap as accurately as possible. However, as computer monitors, tablets and mobile devices vary, we cannot guarantee that your monitor's display of a colour will be completely accurate.
When You use the Site or send emails or other data, information or communication to us, You agree and understand that You are communicating with us through electronic records and You consent to receive communications via electronic records from us periodically and as and when required. We will communicate with you by email or by an electronic record on our Site which will be deemed adequate service of notice / electronic record.
CANCELLATION BY US
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled by us after your credit card has been charged, the said amount will be reversed back in your Card Account.
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we may, at our discretion, cancel your order and notify you of such cancellation. We will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that we accept your order the same shall be debited to your credit card account. The payment may be processed prior to our dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account. No refunds shall be applicable on the orders made by the User under the Cash on Delivery (“COD”) option.
CANCELLATIONS BY THE USER
We shall not be able to process a cancellation once the order has been placed. Store credit will be provided against the cancellation of an order at our sole discretion, if the goods have not yet been shipped. To cancel a purchase made, please write to us at email@example.com or call our customer service desk on 9810028572 between the hours of 10 am and 6 pm Monday to Saturday. Cancellation requests should be sent within 12 hours of purchase or we would be unable to entertain any cancellations.
FRAUDULENT / DECLINED TRANSACTIONS
We may constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing our services fraudulently shall be liable for legal actions under applicable law and we reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such account and dishonor all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit with their bank.
CREDIT CARD DETAILS
You agree, understand and confirm that the credit card details provided by you for availing of services on the Site will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to us. Further the said information will not be utilized and shared by us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
LIMITATION OF LIABILITY
You understand and agree that the Company and its affiliates, officers, employees, agents and shareholders shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to damages for loss of profits, opportunity, goodwill, use, data or other tangible losses (even if the Company has been advised of the possibility of such damages) resulting from use of the site, sale and supply of goods or content and or any related / unrelated services and other offers made from the site from time to time.
None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever. Should we need to issue a notice to any user of the site we would send it to the email address you provide to us during the registration process. All notices given by you to us must be given in writing to the address set out at the end of these Terms and Conditions. We may give notice to you at either the email or postal address you provide to us when placing an order. Notice shall be deemed given 24 hours after email is sent. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
The Company may terminate this Agreement at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate any passwords or accounts of the User in the event of any conduct by the User which the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by the User of this Agreement. Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement.