- Please read the following terms and conditions very carefully before purchasing any products or availing any services on any asset of the Company as your use of service is 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, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
- These Terms apply to products purchased via www.THE PINK WINDOW.in or placed through Social Media, or offline on a cellular device via phone or chat which are all assets of THE PINK WINDOW DESIGNS LLP (“Company”), a LLP incorporated pursuant to section 12 (1) of the Limited Liability Partnership Act, 2008.
- In these Terms, references to “you”, “User” shall mean the end user accessing the Website, its contents and using the Services offered through the Website. “Service Providers” mean independent third party service providers, and “we”, “us” and “our” shall mean the Company, affiliates and partners.
- Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. THE PINK WINDOW.in at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
- The website is a platform that facilitates the online sale and purchase of merchandise and services (“Services”) offered by THE PINK WINDOW.in and service providers (“Vendor/s”).
- THE PINK WINDOW.in is a home decor label which specialises in the online sale and purchase of merchandise and Services. Our range of products includes a variety of gifting options which are displayed on the Website. Title to the merchandise (“Products”) will pass directly from the Vendors to you.
- The Company has the right to change or discontinue any service at any time, without notice. THE PINK WINDOW.in may add or modify the procedures, modes, processes or conditions of purchase at any time. The Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of any aspect of the services.
- You should take all responsibility for your own actions in utilizing the products purchased by you, THE PINK WINDOW.in shall not be liable for any such action.
- 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.
- 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 THE PINK WINDOW’s name is stated as the source and prior written permission of THE PINK WINDOW.in 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.
- The pricing information relating to the product shall be as disclosed to you at the time of your purchase.
- While THE PINK WINDOW.in strives to provide accurate information relating to products, services including pricing information, typographical and other errors may occur. In the event that a product or service is listed with incorrect price or with incorrect information due to an error, THE PINK WINDOW.in may, at its discretion, contact you for instructions or cancel your order and notify you of such cancellation. THE PINK WINDOW.in will have the right to modify the price of the product and contact you for further instructions via the e-mail address provided by you at the time of registration, or cancel the order and notify you of such cancellation. If THE PINK WINDOW.in cancels the order after the payment has been processed, the entire amount will be remitted to your account from which the payment was made.
- You might be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard you agree to provide correct and accurate credit/debit card details to the approved payment gateways for availing services on the website. You shall not use the credit/debit card that is not lawfully owned by you. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/debit card details. THE PINK WINDOW.in expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/debit card.
USER CONDUCT AND RULES
You agree and undertake to use the Website and the Service only to post and upload messages and material that are propera. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
Conduct or forward surveys, contests, pyramid schemes or chain letters;
Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
Violate any applicable laws or regulations for the time being in force in or outside India; and
Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
USER WARRANTY AND REPRESENTATION
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others.
You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by THE PINK WINDOW.in.
EXACTNESS NOT GUARANTEED
THE PINK WINDOW.in 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, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations.
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, THE PINK WINDOW.in owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks (whether trademarked or not), trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), 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 THE PINK WINDOW.in without obtaining authorization from THE PINK WINDOW.in.
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.
LINKS TO THIRD PARTY SITES
The Website may contain links to other websites (“Linked Sites”).The Linked Sites are not under the control of THE PINK WINDOW.in or the Website and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. THE PINK WINDOW.in is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. THE PINK WINDOW.in is providing these links, if any to you only as a convenience, and the inclusion of any link does not imply endorsement by THE PINK WINDOW.in or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
INDEMNIFICATIONS AND LIMITATION OF LIABILITY
You agree to indemnify, defend and hold harmless THE PINK WINDOW DESIGNS LLP from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by THE PINK WINDOW DESIGNS LLP that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these supply terms or any additional terms applicable to the purchase of products.
In no event shall THE PINK WINDOW DESIGNS LLP and its officers, directors, employees, partners or vendors be liable to you, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not THE PINK WINDOW DESIGNS LLP has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your purchase of the products and services herein. Notwithstanding anything to contrary, THE PINK WINDOW DESIGNS LLP entire liability to you under this Terms of Offer For Sale or otherwise shall be the refund of the money charged from you, under which the unlikely liability arises.
- These Terms and the relationship between you and THE PINK WINDOW DESIGNS LLP shall be governed in accordance with the laws of India without reference to conflict of laws principles.
- All claims, differences and disputes arising under or in connection with or in relation to the Terms & Conditions or any transactions entered into on or through the website or the relationship between you and THE PINK WINDOW DESIGNS LLP shall be subject to the exclusive jurisdiction of the courts at Delhi and you hereby accede to and accept the jurisdiction of such courts.
- If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
OTHER USES OF YOUR PERSONAL INFORMATION
- We may use your personal information for opinion and market research. Your details are anonymous and will only be used for statistical purposes in THE PINK WINDOW.in. You can choose to opt out of this at any time. Any answers to surveys or opinion polls THE PINK WINDOW.in may ask you to complete will not be forwarded on to third parties. Disclosing your email address is only necessary if you would like to take part in competitions. We save the answers to our surveys separately from your email address.
- We may also send you other information about us, the Site, our other websites, our products, sales promotions, our newsletters, anything relating to other companies in our group or our business partners. If you would prefer not to receive any of this additional information as detailed in this paragraph (or any part of it) please click the “unsubscribe” link in any email that we send to you. Within 7 working days (days which are neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in India) of receipt of your instruction we will cease to send you information as requested. If your instruction is unclear we will contact you for clarification
GENERAL TERMS FOR OFFERS, PROMOTIONS, CONTESTS
- THE PINK WINDOW.in shall introduce various offers, promotions, contests from time to time on the website as well as social media platforms. The terms and conditions for these shall be separately called out and THE PINK WINDOW.in reserves right to change/ modify/ add/ delete any of terms and conditions on such contests or promotions at its discretion at any time without prior intimation.
- While participating in such contests/ promotions, you hereby agree to release and hold THE PINK WINDOW.in harmless from any claims or demand.
- Winners to contests will be decided by the team at THE PINK WINDOW.in and THE PINK WINDOW.in is not obliged or required to disclose the mechanism of the same.
- THE PINK WINDOW.in reserves the right to vary any of the terms and conditions of the contest and the decision of THE PINK WINDOW.in shall be valid and binding on the contestants.
- All personal information collected, in the course of this contest shall be kept confidential. THE PINK WINDOW.in shall use such information for communicating various marketing and promotional activities, subject to the contestant’s choice to receive such communications, while entering the contest.
- The participant’s profile must be public. Entries from private profiles can’t be viewed and therefore will be considered invalid.
- If @THE PINK WINDOWstories regrams or shares any participants photo that does not mean that participant is a winner. A participant will only be considered a winner once THE PINK WINDOW.in explicitly declares the same.
- Entries being featured on the Company’s instagram handle and facebook page are entirely up to the discretion of THE PINK WINDOW.in and third party agency/agencies.
- If any entry is found to have abusive and profane language, or an attempt to attack the integrity, personality of any individual or an entity or where there is any attempt to harass any individual or entity or doing/having anything which in our view is demeaning or derogatory, such entry shall stand disqualified and or deleted from the contest and content.
- All other terms and conditions on the website www.THE PINK WINDOW.in, not in conflict with these terms and conditions, shall prevail.
- All disputes based on this contest are subject to arbitration and jurisdiction of all such dispute shall be within the Courts of Delhi.
- This contest is void where prohibited by law.