Please read the following terms and conditions very carefully as your use of service are subject to your acceptance of and compliance with the following terms and conditions ("Terms").
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
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.
The domain name www.Absolutepashmima.com (hereinafter referred to as "Website") is owned by Absolute Pashmina Designs Private Limited a company incorporated under the Companies Act, 1956 with its registered office at C 11, Pushpanjali Farms, Bijwasan New Delhi 110061 hereinafter referred to as "Absolutepashmina.com’.
Use of the Website 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 minors, un-discharged insolvents etc. are not eligible to use the Website. If YOU are a minor i.e. under the age of 18 years, YOU shall not register as a User of the Absolutepashmina.com website and shall not transact on or use the website. As a minor if YOU wish to transact on our website then use or transaction must be made by your legal guardians or parents. Absolutepashmina.com reserves the right to terminate your membership and / or refuse to provide YOU with access to the Website if it is brought to Absolutepashmina.com's notice or if it is discovered that YOU are under the age of 18 years.
When YOU use the Website 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.
YOUR ACCOUNT AND REGISTRATION OBLIGATIONS AND PRIVACY
At this instant Absolutepashmina.com provides Internet-based services through our web Site that enables users to purchase original genuine merchandise such as stoles/shawls/scarves/bespoke designed pashmina items etc (collectively referred as "Products" or “items”). Upon placing an order, Absolutepashmina.com shall ship the product to you and be entitled to its payment for the Services.
The User agrees and undertakes not to reverse engineer, modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that Absolute Pashmina’s name is stated as the source and prior written permission of Absolute Pashmina .com is sought. 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 within the content of the Website is not permitted.
EXACTNESS NOT GUARANTEED:
Absolute Pashmina .com hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, information, or other material purchased or obtained by you through the Website may not meet your expectations. Attention is invited to all prospective viewers and buyers that majority of the products are handmade and hand crafted and there is every likelihood of minor variations and differences in each piece supplied by us .On a few instances the colour as shown on the website may be slightly different than the actual colour .Very few pieces that are machine made will be clearly marked and identified. Please read the write up on each piece that you intend purchasing. Alterations to certain aspects of your order such as the size, colour etc. may be required due to limitations caused by availability of product difference in size charts etc. In this instance you agree that a representative from Absolutepashmina.com will call you or send an approval request via the email address which you submitted when placing your order. If you do not agree with the requested change you retain the right to reject the requested production change by replying to it within 10 days of it being sent to you. Absolute Pashmina .com may re-request that you accept a production alteration one additional time if an alternative method to send your merchandise is available. If you reject this 2nd request your order will be cancelled and you will be fully refunded via your initial method of payment.
PURCHASE AND METHODS OF PAYMENT
The prices of Absolutepashmina.com products are indicated in US dollars and shipping costs (see "Shipping and Delivery").
Absolutepashmina.com reserves the right to modify the prices of products offered on the Absolutepashmina.com website at any time without prior notice. You will be charged the prices displayed on the Absolutepashmina.com website at the time your order was confirmed provided the goods ordered were available at this time, however, Absolutepashmina.com reserves the right not to accept or to cancel your order if the products are not available, are incorrectly priced or are otherwise incorrectly described.
You are required to pay for any order placed on the Absolutepashmina.com website immediately upon confirmation of your order. We only accept payment by charge card or credit card.
All orders are payable in US dollars. We accept the following charge cards and credit cards: Visa® , Diners Club®, American Express®, Jcb®. Your order will only be dispatched once we have verified your payment method and received authorization to process your payment. Other methods of accepting have been mentioned in the mode of payments.
PURCHASE – AVAILABILITY:
Our offers of products are valid as they are displayed on the Absolutepashmina.com website, subject to availability. Instructions about the availability of products are provided at the time of the ordering. At times, errors may exist, especially in case of simultaneous orders of the same product by several purchasers. In the case of unavailability of a product after ordering, you will be informed by email or by phone as soon as possible, and it will be proposed to you either to order another item shown on the Absolutepashmina.com website in substitution or to cancel your order.
A lead time of approx 10 –28 days for delivery may be kept in mind .We try our best to ship your items at the earliest Items should reach you within 28 days.
Absolutepashmina.com shall not be liable in case of stock outage or unavailability or delay of products. Pieces are handmade, rare, unique, and we do not mass produce.
Absolutepashmina.com reserves the right to change at any time and without notice the items proposed on the Absolutepashmina.com website.
PURCHASE - ORDER CONFIRMATION
At the end of the ordering procedure, you are invited to click on the "Pay" button, at which time your order will be transmitted to Absolutepashmina.com for processing and may not be amended or cancelled except pursuant to the conditions provided for herein the Terms and Conditions of Sale or in conditions provided for pursuant to applicable law. The confirmation of your order means your acceptance of the Terms and Conditions of Sale.
You will receive an order summary.
The data registered by the Absolutepashmina.com website establish the terms of the transactions between Absolutepashmina.com and its purchasers. In the case of a dispute between Absolutepashmina.com and its purchasers relating to a transaction entered into using the Absolutepashmina.com website, the data registered by Absolutepashmina.com are the terms of the transaction. Notwithstanding, Absolutepashmina.com reserves the right not to accept or to cancel your order if the products are not available are incorrectly priced or are otherwise incorrectly described.
INTELLECTUAL PROPERTY RIGHTS:
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Absolute Pashmina .com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, Designs, Processes, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Absolutepashmina.com without obtaining authorization from Absolutepashmina.com.
Notwithstanding the foregoing, 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, with regard to the product customization Service as against other Services like blogs and forums you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
All material on the Absolutepashmina.com website (drawings, designs, illustrations, photographs, written text, logos, trademarks, and all other intellectual property of any nature) are the exclusive property of Absolutepashmina.com and its subsidiaries. You may not reproduce, by any means or process (except as expressly provided herein), in full or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such material contained on the Absolutepashmina.com website.
The "Absolutepashmina.com" trademark, the trademark image of a horse head in ASHWA and all other Absolutepashmina.com related marks and logos, whether or not registered, displayed on the Absolutepashmina.com website, as well as the domain name "Absolutepashmina.com," are and will remain the exclusive property of Absolutepashmina.com . Any reproduction, distribution, transmission, modification or use of these trademarks for any purpose without prior, express agreement of Absolutepashmina.com is prohibited.
You may not remove any copyright, trademark or other proprietary notice contained on the Absolutepashmina.com website or any content contained therein. You may make a single copy of web pages published on the Absolutepashmina.com website for your own private, personal and non-commercial use, provided that any copy of such web pages shall retain all copyright and other proprietary notices contained therein.
The Absolutepashmina.com website may contain links to third party websites not under the operation or control of Absolutepashmina.com. Such links are provided as a convenience only and cannot, and should not be interpreted as, an express or implied endorsement of such third party websites or any products or services offered thereon. You may only provide a link to the Absolutepashmina.com website if expressly permitted.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY:
Absolute Pashmina .com endeavours to ensure that all the information on the Website is correct, but Absolute Pashmina .com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Absolutepashmina.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user's transmissions or data; (c) 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 Website or Service. Neither shall Absolutepashmina.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Absolutepashmina.com shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Absolutepashmina.com's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
You agree to indemnify, defend and hold harmless Absolute Pashmina .com from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Absolutepashmina.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
Title and risk of loss for all products ordered by you shall pass on to you upon Absolutepashmina.com’s shipment to the shipping carrier.
Absolute Pashmina provides free shipping. Super express delivery can be arranged at an extra cost.
The carrier will make a maximum of three attempts to deliver your order. In case the purchaser is not reachable or does not accept delivery of products in these attempts Absolute Pashmina .com reserves the right to cancel the order(s) at its discretion.
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 the courts at New Delhi.
INTERPRETATION OF NUMBER AND GENDERS:
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.
UNAUTHORIZED CHARGES ON YOUR CARD
If you see charges on your credit/debit card for purchases made on Absolutepashmina.com, but you never created an account or signed up, please check with your family members or business colleagues authorized to make purchases on your behalf, to confirm that they haven't placed the order. If you're still unable to recognize the charge, please report the unauthorized purchase within 60 days of the transaction to enable Absolute Pashmina to begin an investigation.
CANCELLATION OF FRAUDULENT ORDERS
To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Absolutepashmina.com reserves the right to cancel all past, pending and future orders without any liability.
If your order is cancelled after your card has been charged, the said amount will be reversed to your Card Account. The purchaser may be considered fraudulent if any of the following scenarios are met:
PURCHASER WITH A VERY HIGH RETURN RATE
Purchaser doesn't reply to the payment verification mail sent by Absolute Pashmina
Purchaser fails to produce adequate documents during the payment details verification
Misuse of another purchaser's phone/email
Purchaser uses invalid email and phone no.
Purchaser returns the wrong product
Purchaser refuses to pay for an order
Purchaser is involved in the snatch and run for any order
CANCELLATION OF BULK ORDERS
Absolute Pashmina .com will cancel bulk orders. Absolutepashmina.com prides itself in ensuring every piece sold or offered, to be a piece of art created with toil and expertise. Handmade creativity cannot be sold in bulk. An order can be classified as 'Bulk Order' if it meets with the below mentioned criteria, and any additional criteria as defined by Absolute Pashmina .com:
Products ordered are not for self-consumption but for commercial resale
Multiple orders placed for same product at the same address, depending on the product category
Bulk quantity of the same product ordered
Invalid address given in order details
Any malpractice used to place the order Process for Pilferage Claim If a purchaser raises a complaint for partial item/partial order, The purchaser is supposed to claim for pilferage within 48 hours of delivery failing which the claim will not be entertained An Email could be sent seeking/providing following information: Short description of the case (A few questions will be asked to help us understand the scenario) The snapshots of the packet and other box from all sides.
The refund for prepaid orders will be done after investigation which usually requires 4-5 business day. The process will include investigation with the concerned departments
The purchaser may not be liable for a refund if he/she falls in any of the scenarios stated below:
Purchaser fails to provide adequate information about the case
Purchaser fails to provide snapshots of the packet and box.
If an opened delivery was received, pilferage claims must be made the same day
Purchaser must not dispose the packaging for 3-4 days post-delivery. We might need to pick-up your packaging for investigation at our end.
IT is for your information that Absolutepashmina.com photographs every order before shipment
WHAT WE DO ABOUT MISPRICINGS
A small number of items on our website may be mispriced. However, we verify prices as part of our dispatch procedures.
If an item's correct price is lower than our stated price, we charge the lower amount and send you the item.
If a product's correct price is higher than our stated price, we will cancel your order and notify you of that cancellation. This is a rare phenomenon. The money will be refunded or you could choose another product or make good the difference.
DISCLAIMER OF WARRANTY
While every effort has been made to check verify content, processes on our website, Absolutepashmina.com does not guarantee or represent that:
- the Absolutepashmina.com website is free from viruses, worms, trojan horses or other destructive material;
- the information contained on the Absolutepashmina.com website is accurate, complete or up to date.
The Absolutepashmina.com website may contain technical inaccuracies or other defects; Absolutepashmina.com does not guarantee that any such defects will be corrected. The Absolutepashmina.com website and its contents are provided on an "as is" and "as available" basis. Absolutepashmina.com expressly disclaims all warranties of any kind, whether express or implied.
LIMITATION OF LIABILITY
Absolutepashmina.com shall not be liable to you or any third party for any indirect, incidental special or consequential damages, including, without limitation, loss of profits or other intangible losses, arising out of or in connection with your use or inability to use the Absolutepashmina.com website, even if Absolutepashmina.com has been advised of the possibility of such damages.
Absolutepashmina.com shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on Your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
We view 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.If YOU object to Your Information being transferred or used in this way please do not use Website.
DISCLAIMER OF WARRANTIES AND LIABILITY
This Website, 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, Absolutepashmina.com does not warrant that:
• This Website will be constantly available, or available at all; or
• The information on this Website is complete, true, accurate or non-misleading.
Absolutepashmina.com 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 Website. Absolutepashmina.com does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to YOU through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
YOU will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, YOU consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use Your personal information to initiate any promotional phone calls or SM.
While availing any of the payment method/s available on the Website, 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:
Lack of authorization for any transaction/s, or
Exceeding the pre-set limit mutually agreed by YOU and between "Bank/s", or
Any payment issues arising out of the transaction, or
Decline of transaction for any other reason/s
All payments made against the purchases/services on Website by YOU shall be compulsorily be in US Dollars .Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
Before shipping / delivering Your order to YOU, Seller may request YOU to provide supporting documents 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.
Absolutepashmina.com 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 Absolutepashmina.com or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
COMPLIANCE WITH LAWS:
Buyer and US 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 thereunder, 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 Absolutepashmina.com Website.
BUYER'S ARRANGEMENT WITH ISSUING BANK:
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 Our company uses gateway provided by CCAvenue.
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.
TRADEMARK, COPYRIGHT AND RESTRICTION
This site is controlled and operated by Absolutepashmina.com. All material on this site, including images, illustrations and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website 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 website 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.
Absolutepashmina.com respects the intellectual property of others. In case YOU feel that Your Trademark has been infringed, YOU can write to Absolutepashmina.com at info @Absolutepashmina.com.
LIMITATION OF LIABILITY
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website to info@Absolutepashmina.com.
POLICY OF PROFANITY / VULGAR USAGE
Absolutepashmina.com prohibits the use of language that is racist, hateful, sexual or obscene in nature in any communication and public area.
This policy extends to text within listings, on all pages and all other areas of the site that another User may view. It also extends to mails being received by us.
Please report any violations of this policy for immediate for review:
Report offensive Display Names
Report offensive language in a listing or otherwise
If a feedback comment; or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contain profanity, please review Our feedback removal policy and submit a request for action/removal.
Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning.
Absolutepashmina.com will consider the circumstances of an alleged policy violation and the user's trading records before taking action.
Violations of this policy may result in a range of actions, including:
Limits placed on account privileges;
Loss of special status;
Absolutepashmina.com reserves its right to initiate civil and/or criminal proceedings against a User who, files an invalid or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Absolutepashmina.com may at its sole discretion suspend, block, restrict, cancel 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, defrauds 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.