Terms Of Use
Website Terms & Condition
This document is an electronic record in terms of provisions 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.
The terms of use of website and other policies (hereinafter referred to as “the 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 avnuefashion.com (“Website”), including the related mobile site and mobile application (hereinafter referred to as “Platform”)
These Terms is between Avnue Fashion India Marketing Private Limited incorporated under the provisions of the Companies Act, 1056, having its *Registered Office at boardghar, Bilkanda-1, para - mayra, barrackpore -2, north 24 parganas, pin- 700110, West Bengal (hereinafter referred to as “Company” or "We" or "Us" or "Our") and the seller, sellers, guest users, registered users, any natural or legal person who has / has been / will accessed / accessing /access the Platform either by providing Registration Data while registering on the Platform as Registered User of the Website or otherwise (hereinafter referred to as "You" or "Your" or "Yourself") describe the Terms subject which the Company offers You access to the Website.
The Platform is owned and operated by the Company including its directors, promoters, full time employees, subsidiaries, affiliates, and associates etc. The Company’s role is limited to the managing Platform and associated marketing, payment collections, order management, enquiry management and other incidental services to enable the transactions between the User and the Seller (“Business”/” Services”). The Platform is available on a browser environment.
The Terms and the Policies take effect on the date on which the Platform is used and/or the date on which they are updated, creating a legally binding arrangement between the User and the Company. The User’s agreement with the Company includes these Terms and the privacy policy (“Privacy Policy”) available at the Platform (collectively the “Agreement”).
The Company reserves the right to unilaterally update, change or replace any part of these Terms by posting updates or changes to the Platform. It is the responsibility of the Users to check this page periodically for changes. The Users’ continued use of or access to the Platform following the posting of any changes constitutes acceptance of those changes.
1.USER ELIGIBILITY
The Platform can be accessed and used by the natural or legal persons, including but not limited to sole proprietorship, LLP, HUF, firms, companies and partnerships, which can form legally binding contracts under Indian Contract Act, 1872. Only individuals who are eighteen (18) years of age or older may use the Platform and avail Services. Users who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, person of unsound mind or any Users suspended or removed from system of the Company for any reason whatsoever, etc. are not eligible to use / access the Platform. The Company reserves the right to terminate the Users account and / or deny access to the Platform if it is brought to the Company’s notice or if is discovered that the User does not meet the conditions herein.
As a minor if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. The Company reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to the Company's notice or if it is discovered that You are under the age of 18 years and transacting on the Platform.
a. You may use our website for your personal, non-commercial purposes only.
b. You agree not to use our website for any unlawful or unauthorized purpose.
2. PLATFORM FOR TRANSACTION AND COMMUNICATION
The Platform is a medium through which Users meet and interact with one another for their transactions. The Company is not and cannot be a party to or control in any manner any transaction between the Platform's Users. Henceforward :
A. All commercial/contractual terms are offered by and agreed to between customer and sellers alone. 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. The Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the customers and sellers. All discounts, offers (including exchange offers) are by the Seller/Brand and not by the Company.
B. The Company does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. The Company does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
C. Placement of order by a customer with seller on the Platform is an offer to buy the product(s) in the order by the customer to the seller and it shall not be construed as seller's acceptance of customer's offer to buy the product(s) ordered. The seller retains the right to cancel any such order placed by the customer, at its sole discretion and the customer shall be intimated of the same by way of an email/SMS. Any transaction price paid by customer in case of such cancellation by seller, shall be refunded to the customer as per the Policies of the Company or seller as the case may be. Further, the seller 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 seller and may vary from individual to individual.
D. The Company 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.
E. The Platform is only a medium that can be utilized by Users to reach a larger base to buy and sell products or services. The Company is only providing a medium for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the seller and the customer.
F. GST invoice will have, inter alia, the following details printed on it: GSTIN associated with your registered business, as provided by you.
G. 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.
H. 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.
I. The Company has the right to not allow business purchases on the Platform to You if a fraudulent activity is identified.
J. The Company 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.
K. Purchases on the Platform must only be for end consumption. Users must not use products purchased on the Platform for any commercial, promotional, resale or further distribution purposes.
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 seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
3. ACCOUNT REGISTRATION, SUSPENSION AND TERMINATION
The User may access and view the contents of the Platform without registration on the Platform. Also, the Users may, by registering himself / herself, create an account and become a member. The membership is limited for the purpose of buying or selling products, subject to these Terms, and strictly not transferable.
The Users agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
The Users are required to enter a valid phone number while registering on the Company’s Platform. By registering their phone numbers with the Company, the Users consent to be contacted by the Company via phone calls, SMS notifications or instant messages, in case of verifications and in case of subscription/service/promotional updates. The Users may opt of subscription/service/promotional updates.
Upon registration, the Users may be required to complete a verification process as part of setting up their accounts. Once set up, the Users are responsible for maintaining the confidentiality of their account information, and are fully responsible for all activities that occur through their accounts. Should there be instances of any unauthorized use of their accounts or any other breach of security, the Users are required to notify the Company to stop processing requests from their accounts, until further instructions.
It is the responsibility of the Users to provide correct mobile number so that the Company can communicate with the Users via SMS. The Users understand and agree that if the Company sends an SMS but the Users do not receive it because the Users’ mobile number is incorrect or out of date or blocked by the Users; service provider, or the Users are otherwise unable to receive SMS, the Company shall be deemed to have provided the communication to the Users effectively.
The Company reserves the right to suspend or terminate the account or access to the Platform including blocking any amounts due to the User and associated account :
A. if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; and/or
B. if, in the Company’s assessment, the User has (a) charged an unreasonably high price; (b) unreasonable instances of returns and/or cancellations initiated; (c) engaged in actions that are fraudulent, negligent or derogatory to the Company’s interests.
On registration, the Users will receive a password protected account and an identification. The Users agree to:
A. maintain the confidentiality of their password.
B. take full responsibility for all activities by Users accessing the Platform through their account.
C. immediately notify the Company of any unauthorized use of their account or any other breach of security that they become aware of.
D. ensure that they exit from their account at the end of each session.
It shall be the responsibility of the User to treat the user identification code, password and any other piece of information that is provided by the Company, as part of the security procedures, as confidential and not disclose the same to any person or entity other than the Company. The Company shall at times and at their sole discretion reserve the right to disable any user identification code or password if the Users have failed to comply with any of the provisions of these Terms, Policies and/or the Privacy Policy as the case may be.
Notwithstanding anything to the contrary here in the Users acknowledge and agree that they shall have no ownership or other property interest in their account, and further acknowledge and agree that all rights in and to their account are and shall forever be owned by and inure to the benefit of the Company. However, any and every activity undertaken by a User under his/her account shall be the sole responsibility of such User and the Company shall not be liable for such activity in any manner.
4. SELLING
Sellers are permitted to list products for sale or offer for sale on the Platform in accordance with the Terms and Policies which are incorporated by way of reference in this Terms of use of Platform. The sellers represent and warrant that they are legally able to sell or list the products on the Platform; and the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. The sellers and the Users agree that the Company is not responsible for any of the activities undertaken by the seller as well as the Users as aforesaid.
5. PRIVACY
All information about Users that are collected, stored or transmitted in any way on the Platform, including any registration information, is subject to our Privacy Policy (the “Privacy Policy”), available at Privacy Policy.
The information collected by the Company through the Platform includes Users’ mobile number, bank details and KYC for the limited purpose of fulfilling transactions on the Platform. Compilation of user accounts and user accounts bearing contact number and e-mail addresses are owned by the Company.
The Users agree that information about their use of the Platform through their mobile telecommunication device may be communicated to the Company, and the Company may obtain information from the Users’ mobile carrier or mobile device. In addition, use of the Platform through a mobile telecommunication device may cause data to be displayed on and through the Users’ mobile device. By accessing the Platform using a mobile telecommunication device, the Users represent that to the extent they import any of their data to their mobile telecommunication device they have authority to share the transferred data with their mobile carrier or other access provider.
The Users agree to promptly update their account information in the event of change or deactivation of their mobile account to ensure that the messages intended for them are not sent to another person. Failure to do so is the sole responsibility of the Users. The Users acknowledge that they are responsible for all charges and necessary permissions related to accessing the Platform through their mobile access provider. The Company urges the Users to check with their providers to find out if the Platform is available on their mobile devices.
6. SECURITY COMPONENTS
The Users understand that the Platform and software embodied within the Platform may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by the Company or other parties that facilitate the same. The Users agree that they will not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded in the Platform.
7. SEVERABILITY
In the event any provision of these Terms, Policies or the is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
8. JURISDICTIONAL ISSUES/SALE IN INDIA ONLY
Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. The Company make no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and the Company is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
9. LIMITATION OF LIABILITY
Notwithstanding anything to the contrary in these Terms, in no event shall the Company and its affiliates, if any, be liable to the User or anyone claiming through the User in respect of any subject matter of these Terms under contract, negligence, strict liability or other legal or equitable theory for any special, incidental, indirect, consequential, exemplary or punitive damages, loss of goodwill, loss of revenue, loss of opportunity, loss of anticipated profits, whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty or negligence or any other claim arising out of or in connection with the use of or access of the Platform.
10. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Barrackpore, West Bengal, India.