TERMS & CONDITIONS
TERMS & CONDITIONS
Welcome to www.THESHILP.com hereinafter interchangeably referred to as “THESHILP.com” or “THESHILP” or “Website” or “we” or “us” or “our”, the one stop online store for sale of its products. In these Terms, references to "you", "user", or "member" shall mean the customer or end user accessing the Website, and its contents, and using the Services offered through the Website. Kindly read the following Terms and Conditions in this Agreement (also referred as “Terms”) very carefully as your use of services is subject to your acceptance of and compliance with the following Terms and Condition.
Although we are required to have certain terms and conditions laid out, we assure you that we are extremely reasonable. We will always use our best judgment, given the context, to ensure that our customer is always happy.
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.
INTRODUCTION
www.theshilp.com is an e-commerce portal of BHARAT SHILP STUDIO LLP Exquisites licensed to sell its products and services online. THESHILP provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any www.theshilp.com service (e.g., Testimonials), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference.
By using the Website you are deemed to have accepted the Terms listed below. We reserve the right to change this Website and these Terms at any time. We retain the right to deny access to anyone who we believe has violated any of these Terms and Conditions.
ACCOUNT AND REGISTRATION
You will receive an account and password designation upon duly completing the Website's registration process. "Your Information" is defined as any information you provide to us in the registration, buying or listing process (e.g. Shipping address, Credit Card details, etc.), by way of feedback or through any email feature. We will protect Your Information in accordance with our Privacy Policy. You are responsible for maintaining the confidentiality of your account and password, and are fully responsible for all activities that occur under your password or account. You agree to notify the Website immediately of any unauthorized use of your password or account or any other breach of security, and ensure that you log out from your account at the end of each session. The Website cannot and will not be responsible for any loss or damage arising from your failure to comply with this provision of the Terms.
You also agree to:
- Provide true, accurate, current and complete information about yourself as prompted by our registration, buying or listing process, in the feedback area or through any email feature (such information being the "Data").
- Maintain and promptly update the Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if the Website has reasonable grounds to suspect that such information is untrue, inaccurate, and not current or not in accordance with the Terms, the Website has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
MEMBERSHIP ELIGIBILITY
The Website makes no representation that any products or services referred to in the materials on this Website are appropriate for use, or available outside India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. In case of any delivery to be made outside India then all international shipping, cost, duty, currency conversion fee, etc., shall be solely borne by the customer. Except where additional terms and conditions are provided which is product specific, these Terms supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. The Website does not discriminate on the basis of age, gender, race, religion, caste, class, lifestyle preference or nationality and allows one registered Membership per legitimate electronic mail address. www.THESHILP.commust approve any exceptions, including the use of one electronic mail address by multiple users.
By using the services of the Website you agree to be bound by the Terms and Conditions
CUSTOMER COMMUNICATION
TheShilp.com will communicate with you about your order and the purchased Product through any of the mode using E-mail, SMS and telephone or all of them or any other mode. Account holders must provide a valid email address and contact telephone and/ or mobile number to THESHILP.com for this purpose. In case of Cash-On-Delivery orders, customers will receive a confirmatory call by customer care. Only then will their order be sent for processing. If customer care is unable to connect with the customer in two attempts, an email will be sent out to the customer immediately. The customer will have 24 hours to respond to the email. If the customer does not respond, the order will be cancelled. When you use the Site or send emails to THESHILP.com, you are communicating with THESHILP.com electronically. You consent to receive communications from THESHILP.com electronically. From time to time, THESHILP.com will also send you marketing material. If you do not wish to receive such material, you may unsubscribe from our mailing list at any time by using the unsubscribe function in the electronic marketing communication or by contacting Customer Care. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
PRICING
The Website does its best to provide accurate product and pricing information but at times pricing or typographical errors may occur. We cannot confirm the price of a product until after the order is placed. 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 request you to contact us within 72 (Seventy Two) hours of placing your order.THESHILP.com shall then refund the difference amount within 10-15 business days of intimation. Cash on Delivery order refunds will be done by Cheque. If THESHILP come across any such difference in pricing, it has all the rights, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched.
Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and the Website will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that the Website accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to 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. Prices, Products and Services may change at our discretion. Prices as fixed at the time of purchase shall be final and must be borne by the customer. Any change in the currency value will not affect the final price at the time of purchase. All additional charges if any shall be borne by the customer.
Online prices and promotions will not be honored at the physical store location and neither of the two should be compared for pricing; online policies are not applicable with in-store sales and operations. The prices of the products listed on the Website are fixed and not negotiable. If you have any questions, please do not hesitate to contact us at (+91) 8669664848 (India) email us Connect@theshilp.com
CANCELLATION OF ORDER
The Website reserves the right to cancel any order without any explanation for doing so, under situation where the Website is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with our policy or for any other reason. However, we ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund will be made in reasonable time. The user agrees not to dispute the decision made by the Website and accept our decision regarding the cancellation. If any customer would want to cancel their order, the same must be done within the stipulated time i.e. before receiving a confirmation email indicating shipment of order.
SHIPPING & DELIVERY
The Member has to specify the address and details of the person who will collect the shipment at the time of purchase. At the time of placing the order, the Member has to state full name of the recipient as stated in his / her government approved photo identification.
All items shall be delivered directly to the person as specified at the point of ordering and the Member cannot (under no circumstances whatsoever) change the recipient details after the order is processed.
The Member shall pay all shipping charges and other local charges. The recipient accepting delivery should not accept deliveries where the box or packaging has been tampered with.
The recipients receiving the delivery must open the package and check its contents prior to accepting the delivery or signing the delivery receipt.
If the recipient is not available at the time of delivery, the courier company shall try and deliver the item three times before returning the package to THESHILP.com. All costs for return shipments and handling in the case of non-delivery to the Member shall be chargeable to the Member.
Delivery guarantee is subject to terms and conditions of the courier company. Any inconsistency in name or address will result in non-delivery of the product.
USER CONDUCT AND RULES
You agree and undertake to use THESHILP (not only the Website but also THESHILP twitter page and THESHILP Facebook page) and the Service only to post and upload messages and material that are proper.
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; (f) 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;
- 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.
- post or transmit content, (even if made in a joking, sarcastic or unintended manner), if it is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual
- post or transmit content, (even if made in a joking, sarcastic or unintended manner), if it involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”.
- engage in advertising to, or solicitation of, other users through the Sites to buy or sell any products or services, including, but not limited to, products or services related to the Sites. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Sites. It is also a violation of these Terms of Use to use any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Sites without their prior explicit consent. In order to protect our users from such advertising or solicitation, THESHILP.com reserves the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period to a number which THESHILP.com deems appropriate in its sole discretion.
You understand that THESHILP.com has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Sites) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us) to disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
It is possible that other users (including unauthorized users or 'hackers') may post or transmit offensive or obscene materials on the Sites and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Sites, and that the recipient may use such information to harass or injure you. THESHILP.com does not approve of such unauthorized uses but by using the Sites you acknowledge and agree that THESHILP.com is not responsible for the use of any personal information that you publicly disclose or share with others on the Sites. Please carefully select the type of information that you publicly disclose or share with others on the Sites.
THESHILP.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). THESHILP.com reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Sites. THESHILP.com shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right of THESHILP.com, you remain solely responsible for the content of the materials you post in the public areas of the sites and in your private messages. Please be advised that Content posted in public areas of the Sites does not reflect the views of THESHILP.com. In no event shall THESHILP.com assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Sites. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. THESHILP shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites.
CREDIT/DEBIT CARD DETAILS
You agree, understand and confirm that the credit card details provided by you for availing of services on THESHILP will be correct and accurate and you shall not use the credit / debit card which is not lawfully owned by you, i.e. in a credit / debit card transaction, you must use your own card. You further agree and undertake to provide the correct and valid card details to us. Further the said information will not be utilized and shared by us with any third party unless required for fraud verifications or by law, regulation or court order. The Website will not be liable for any 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.
FRAUDULENT /DECLINED TRANSACTIONS
THESHILP reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Website fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions.
MANDATORY DECLARATION – COMPUTERS
You hereby declare that you have provided all necessary Legal Details for the shipment of the product to the destination specified by you in the Order. You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.