1. 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 by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
  2. 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 Terms of Use for access or usage of domain name www.camessicollections.com (“Website”), including the related mobile site and mobile application (hereinafter referred to as “Platform”).
  3. The Platform is owned by Spell Fashions Private Limited (“SFPL”), having its registered office at Village Kanpur, Udaipur – 313003, Rajasthan, India.
  4. Your use of the Platform and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Platform including the applicable policies which are incorporated herein by way of reference.
  5. If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with SFPL and these terms and conditions including the policies constitute Your binding obligations, SFPL. When You use the Platform, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. In the event of any inconsistency between any specific policy and the Terms of Use, terms of such specific policy shall prevail.
  6. For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Platform by providing Registration Data while registering on the Platform as Registered User using the computer systems. SFPL allows the User to surf the Platform or making purchases without registering on the Platform. SFPL means and includes its brands such as “Camessi Collections”. Any reference to ‘we’, ‘us’, ‘company’ “our”or ‘SFPL’ shall mean and include SFPL and its brands
  7. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE AND OTHER APPLICABLE POLICIES OF SFPL, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by SFPL’s policies (including but not limited to Privacy Policy available at www.camessicollections.com/privacy-policy/ as amended/updated/modified from time to time.

  MEMBERSHIP ELIGIBILITY

  1. Transaction on the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian.
  2. If You are using the App on behalf of any corporation, company, institution, association or other entity, the person should be authorized by such corporation, company, institution, association or other entity to use and access the App.

YOUR ACCOUNT AND REGISTRATION OBLIGATIONS

  1. If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform.
  2. Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a onetime password verification.
  3. You agree that SFPL shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website Platform.
  4. If You share or allow others to have access to Your account on the Platform (“Account”), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.
  5. You agree to:
  6. Immediately notify SFPL of any unauthorized use /breach of your password; and
  7. Ensure that you exit from your account at the end of each session.

COMMUNICATIONS

  1. When You use the Platform 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 may communicate with you by email or by such other mode of communication, electronic or otherwise.

TRANSACTION ON PLATFORM

  1. The Platform is a platform that Users utilize to execute transactions. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services.
  2. Placement of order by a you on the Platform is an offer to buy the product(s) and it shall not be construed as acceptance of your offer. SFPL retains the right to cancel any such order placed by you at its sole discretion and You shall be intimated of the same by way of an email/SMS and/or on the Platform. Any transaction price paid by You in case of such cancellation by SFPL, shall be refunded to the You.
  3. Further, the SFPL may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual’s consumption quantity limit shall be based on various factors and at the sole discretion of the SFPL and may vary from individual to individual.
  4. SFPL is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

BUSINESS PURCHASE & GST

  1. Upon Your purchase of product(s) eligible for business purchases, You may be able to avail the benefits of GST input tax credit. Accordingly, at your request, an invoice containing the GSTIN as provided by You (“Tax Invoice”) shall be issued to You.
  2. GST invoice will have, inter alia, the following details printed on it: –
  3. GSTIN associated with your registered business, as provided by you
  4. Entity name of your registered business, as provided by you;
  5. Not all products are eligible for business purchases on the Platform and the same is solely at the discretion of the SPFL. You will be able to view the eligibility of Tax Invoice on the product page on the Platform.
  6. To seamless avail of input tax credit, kindly mention the delivery address as the address which is mentioned as the registered place of business as per the records of GST authority. Please note that availment of input tax credit is subject to provisions of GST Act and rules.
  7. The delivery and billing addresses will be required to be the same, please note that input tax credit will be denied by GST authority if the delivery address and GSTIN in the GST invoice are of different states.
  8. If GSTIN and/or business entity details are not provided by You, it will be presumed that it is a personal purchase and not a business purchase.
  9. SFPL is not responsible to verify the correctness of the GSTIN and/or entity name provided by You and You shall be entirely responsible to provide the accurate details.
  10. SFPL shall not entertain any request for any revision in the GST Invoice. SFPL shall not be liable for Your default including for reasons associated with details provided by You.
  11. SFPL will not be liable in case You are not able to avail input tax credit or if input tax credit is denied to You for any reason whatsoever.
  12. You shall be solely liable for all compliances required under applicable laws.
  13. You agree to indemnify and hold SFPL harmless from all losses, claims, costs, expenses, suits, proceedings, or any other liability including any third-party claims (including any penalties imposed by governmental authorities) arising out of or in connection with (1) the GSTIN and/or entity name provided by you or the input tax credit claimed by you or your use or misuse of the GST Invoice and (2) your non-compliance with the applicable laws or (3) your use or misuse of any third-party’s details including GSTIN.
  14. SFPL has the right to not allow business purchases on the Platform to You if any fraudulent activity is identified.
  15. Disclaimer: Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by SFPL may be incorrectly reflected and in such an event SFPL reserves right to cancel such order(s).
  16. You release and indemnify SFPL and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, SFPL cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.

CHARGES

  1. Membership on the Platform is free for buyers. SFPL does not charge any fee for browsing and buying on the Platform. SFPL reserves the right to change its Fee Policy from time to time. In particular, SFPL may at its sole discretion introduce new services and modify some or all of the existing services offered on the Platform. In such an event SFPL reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to SFPL.

 USER CONDUCT AND RULES FOR PLATFORMYou agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:

  1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
    a. belongs to another person and to which You do not have any right to;
    b. 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;
    c. is misleading in any way;
    d. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
    e. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
    f. infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
    g. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
    h. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses
    i. contains video, photographs, or images of another person (with a minor or an adult)
    j. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
    k. interferes with another USER’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services;
    l. infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
    m. violates any law for the time being in force;
    n. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
    o. shall not be false, inaccurate or misleading
    p. shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers
  2. A User may be considered fraudulent or loss to business due to fraudulent
    activity which shall include (but is not limited to) the following scenarios:
    a. Users doesn’t reply to the payment verification mail sent by SFPL;
    b. Users fails to produce adequate documents during the payment details verification;
    c. Misuse of another Users’ phone/email;
    d. Users uses invalid address, email and phone no;
    e. Overuse of a voucher code;
    f. Use of a special voucher not tagged to the email ID used;
    g. Users returns the wrong product;
    h. Users refuses to pay for an order;
    i. Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to SFPL;
    j. User with excessive returns;
    k. Repeated request for monetary compensation for fake/used order;.
  3. SFPL may cancel any order that classify as ‘Bulk Orders’/’Fraud orders’ under certain criteria at any stage of the product delivery. An order can be classified as ‘Bulk Order’/’Fraud Order’ if it falls in any of below mentioned criteria (which are not exhaustive and may include any additional criteria as defined by SFPL )
    a. Products ordered are not for self-consumption but for commercial resale;
    b. Multiple orders placed for same product at the same address, depending on the product category;
    c. Bulk quantity of the same product ordered;
    d. Invalid address given in order details;
    e. Any malpractice used to place the order;
    f. Any promotional voucher used for placing the ‘Bulk Order’ may not be refunded;
    g. Any order paced using a technological glitch/loophole;
  4. You shall not use any “deep-link”, “page-scrape”, “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 Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
  5. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
  6. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage
    in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
  7. You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us.

CONTENTS POSTED ON PLATFORM

  1. Except as expressly provided in these Terms of Use, no part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Platform or other medium for publication or distribution or for any commercial enterprise, without SFPL’s express prior written consent
  2. You may use information on the products and services purposely made available on the Platform for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents,
    (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
  3. You shall be responsible for any notes, messages, emails, reviews, ratings, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Platform (collectively, “Content”). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.

PRIVACY

  1. We view the protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available camessicollections.com/privacy-policy/. If You object to Your Information being transferred or used in this way please do not use Platform.
  2. We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.
  3. We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
  4. We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas/summons, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.
  5. We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.

DISCLAIMERS OF WARRANTIES AND LIABILITIES

  1. This Platform, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, SFPL does not warrant that:
    a.This Platform will be constantly available, or available at all; orb.The information on this Platform is complete, true, accurate or non-misleading.
  2. SFPL will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Platform. SFPL does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Platform; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
  3. Nothing on Platform constitutes, or is meant to constitute, advice of any kind. All the Products sold on Platform are governed by different state laws (including the domestic laws of countries other than India) and if SFPL is unable to deliver such Products due to implications of different state laws or the domestic laws of country other than India, SFPL will return or will give credit for the amount (if any) received in advance by SFPL from the sale of such Product that could not be delivered to You
  4. You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates

PAYMENTS

  1. While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
    a.Lack of authorization for any transaction/s, orb.Exceeding the pre-set limit mutually agreed by You and between “Bank/s”, or
    c.Any payment issues arising out of the transaction, or
    d.Decline of transaction for any other reason/s
  2. All payments made against the purchases/services on Platform by you shall be made in Indian Rupees, United States Dollars or the Euro. The Platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Platform.
  3. Before shipping / delivering your order to you, SFPL may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
  4. You have specifically authorized SFPL or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility.
  5. You understand, accept and agree that the payment facility provided by SFPL is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the SFPL Platform using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, SFPL is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
  6. You understand that upon initiating a Transaction, You are entering into a legally binding and enforceable contract with the SFPL to purchase the products and /or services from the SFPL using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the SFPL using Payment Facility.
  7. You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services.
  8. Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received, or through any other method available on the Platform, as chosen by You.
  9. For Cash On Delivery transactions, refunds, if any, will be made via electronic payment transfers.
  10. Refund shall be made only in the currency in which the purchase was made and shall be equivalent to the Transaction Price.
  11. For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
  12. Refunds may be supported for select banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details with us for processing the refund.
  13. Refund shall be conditional and shall be with recourse available to SFPL in case of any misuse by Buyer.
  14. We may also request you for additional documents for verification.
  15. Refund shall be subject to Buyer complying with Policies.
  16. SFPL reserves the right to impose limits on the number of Transactions or Transaction Price which SFPL may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
  17. SFPL reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with SFPL or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
  18. SFPL may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of SFPL. As a result of such check if SFPL is not satisfied with the creditability of the Buyer or genuineness of the Transaction or other reasons at its sole discretion, SFPL shall have the right to reject the receipt of / Buyers commitment to pay Transaction Price. For avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment, may be disabled for certain account users, at the sole discretion of SFPL.
  19. SFPL may delay the Dispatch, if SFPL deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, SFPL may hold Transaction Price and SFPL may not Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
  20. You acknowledge and confirm that SFPL will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of SFPL.
  21. As required by applicable law, if the Customer makes a purchase of an amount equal to or above INR 2, 00, 000.00, the Customer will be required to provide a scanned copy of his/her PAN card to SFPL, within 4 days of making the purchase, failing which, the purchase made by the Customer will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by the Customer, it need not be submitted again. The order of the Customer shall stand cancelled if there is a discrepancy between the name of the Customer and the name on the PAN Card.
  22. You shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and SFPL Platform.
  23. All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
  24. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

REPLACEMENT

  1. The return policy period depends on the product category. Kindly peruse out Returns and Exchanges Policy to know more. If at the time of delivery and/or within the applicable return policy period, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from SFPL subject to the following terms and conditions: –
    a.Notify SFPL of any defects in the product/s at the time of delivery of the product/s and/or within the applicable return policy period and the same product/s will be replaced in return of the defective product/s.
    Replacement can be for the entire product/s or part/s of the product subject to availability of the same with SFPL.
  2. If SFPL has any suspicion or knowledge that any of its buyers are involved in any activity that is intended to provide claims or information that is false or not genuine, SFPL may also, while reserving its rights to initiate civil and/or criminal proceedings against such buyers, at its sole discretion, suspend, block, restrict, cancel the Display Name of such buyers and/or disqualify that user and any related users from availing protection through this program. Customers who have been blocked for any suspicious or fraudulent activity on SFPL will not be allowed to return their products.
  3. SFPL reserves its right to initiate civil and/or criminal proceedings against a user who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, SFPL may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

INDEMNITY

You shall indemnify and hold harmless SFPL, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

TRADEMARK, COPYRIGHT AND RESTRICTION

Platform is controlled and operated by SFPL and products are sold by respective SFPL. All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on SFPL is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other SFPL or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.

TRADEMARK COMPLAINT

SFPL respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to SFPL at enquiry@camessicollections.com

LIMITATION OF LIABILITY

In no event shall SFPL be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

a.the use or the inability to use the Services or Products;
b.unauthorized access to or alteration of the user’s transmissions or data;
c.breach of condition, representations or warranties by the manufacturer of the Products;
d.any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service. SFPL shall not be held responsible for non-availability of the SFPL during periodic maintenance operations or any unplanned suspension of access to the SFPL. The User understands and agrees that any material and/or data downloaded at SFPL is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, SFPL’s liability shall be limited to an amount equal to the Products purchased value bought by You. SFPL shall not be liable for any dispute or disagreement between Users.

TERMINATION

  1. SFPL may suspend or terminate your use of the Platform or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until SFPL chooses to terminate them.
  2. If You or SFPL terminates your use of the Platform or any Service, SFPL may delete any content or other materials relating to your use of the Service and SFPL will have no liability to you or any third party for doing so. However, your transactions details may be preserved by SFPL for purposes of tax or regulatory compliance.
  3. SFPL may unilaterally terminate Your account on any event as mentioned in the Terms Of Use Any SFPL credits earned as goodwill compensation, earned via loyalty or referral program or promotional campaigns or earned through gift cards purchased on other platforms will be forfeited in such cases. Returns/Refund for such Users shall be at the sole discretion of SFPL.
  4. If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead SFPL by sharing multiple address and phone numbers or transacting with malafide intentions then SFPL reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.

GOVERNING LAW

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Kolkata. The place of jurisdiction shall be exclusively in Kolkata.

DISCLAIMER

You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through SFPL. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind.
User agrees and acknowledges that any claims regarding order delivery (including non-receipt/ non- delivery of order or signature verification) shall be notified as per the Shipping Policy. Non-notification by You of non-receipt or non-delivery within the time period specified shall be construed as a deemed delivery in respect of that transaction. SFPL disclaims any liability or responsibility for claims regarding non-delivery, non-receipt of order (including signature verification in Proof of delivery) after period mentioned in the Shipping Policy.

GRIEVANCE OFFICER

Email : rajesh@spellfashions.com

POLICIES

  1. SFPL prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area. SFPL shall have the right to delete a product review posted by the customer at its sole discretion, if it is of the opinion that the review contains offensive language as stated above. Further, if SFPL is of the opinion that the review unfairly either: (i) causes disadvantage to a product; or (ii) increases the popularity of the product, SFPL shall have the right to delete the customer review. SFPL shall also, at its sole discretion have the right to blacklist the customer from posting any further customer reviews.

EMAIL ABUSE & THREAT POLICY

Private communication, including email correspondence, is not regulated by SFPL. SFPL encourages its Users to be professional, courteous and respectful when communicating by email.

However, SFPL will investigate and can take action on certain types of unwanted emails that violate SFPL policies such instances:
a.Threats of Bodily Harm – SFPL does not permit Users to send explicit threats of bodily harm.
b.Misuse of SFPL System – SFPL allows Users to facilitate transactions through the SFPL system, but will investigate any misuse of this service.
c.Spoof (Fake) email – SFPL will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through ‘Contact Us’ tab.
d.Spam (Unsolicited Commercial email) – SFPL’s spam policy applies only to unsolicited commercial messages sent by SFPL Users. SFPL Users are not allowed to send spam messages to other Users.
e.Offers to Buy or Sell Outside of SFPL – SFPL prohibits email offers to buy or sell listed products outside of the SFPL Platform. Offers of this nature are a potential fraud risk for Buyers.
SFPL policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.

  1. OTHER BUSINESSES
  2. SFPL does not take responsibility or liability for the actions, products, content and services on the Platform, which are linked to Affiliates and / or third party Platforms using Platform’s APIs or otherwise. In addition, the Platform may provide links to the third party Platforms of Our affiliated companies and certain other businesses for which, SFPL assumes no responsibility for examining or evaluating the products and services offered by them. SFPL do not warrant the offerings of, any of these businesses or individuals or the content of such third party Platform(s). SFPL does not endorse, in any way, any third party Platform(s) or content thereof.
  3. CONTACTING US

To the extent you have any questions or would like to contact Us regarding these Terms of Use, please contact at enquiry@camessicollections.com using the subject line “Terms of Use Question”.