Terms and Conditions
GENERAL
This document is an electronic record in terms of The Information Technology Act, 2000 ( “IT Act”) and rules thereunder, and is published in accordance with the provisions of Rule 3 (1) under IT Act which mandates for publishing of rules and regulations, privacy policy and terms of use for access or usage of the Website. This electronic record is generated by a computer system and does not require any physical or digital signatures. kamalalaya.com Website is an online selling channel of Kamalalaya Digital Prints., having its office at 20A, Sarat Banerjee Road, Kolkata-700029, India. Your use / access of the Website , its related sites and hyperlinks, shall be governed by the terms and conditions, policies, rules of Reliance (“Terms”) posted on the Website and application from time to time. These Terms applies to all users (whether Registered user or Guest User) of the Website. Please read the Terms and conditions very carefully before using the Website as your use of the Website is subject to your acceptance of and compliance with the Terms. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and any Rules and Policies of Kamalalaya, please do not click on the ” I Accept” button/check box and on the “Continue” button or “Pay Now” button and do not subscribe or seek to obtain access to or otherwise use the Website. By using the website or any of our services through the Website you agree that you have read, understood and are bound by the Terms, Policies, directions regardless of how you subscribe to or use the Website. This Agreement comes into effect upon your “Acceptance” of these terms and conditions (“Terms”) however Kamalalaya at its sole discretion reserves its right not to accept a user from registering on the Website without assigning any reason thereof.
DEFINITION
“Agreement” means the terms and conditions as detailed herein including all schedules, appendices, annexures, Privacy Policy, Disclaimer and will include the references to this Agreement as amended, notated, supplemented, varied or replaced from time to time. “You”/ “User” shall mean the end user accessing the Website, its contents and using the services offered through the Website. “Kamalalaya.com”/”the Website”/ “we”/ “us”/ “our” shall mean Kamalalaya Digital Prints. and “Site” means the online shopping platform owned and operated by Kamalalaya Digital Prints.. (“Kamalalaya.com”), which provides a venue to the users to buy the Products listed on Site. “Customer”/”Buyer” shall mean the person or any legal entity who access the Website and places an order for and or purchases any products against the invitation of offer for sale of products on the Website. “Acceptance” shall mean your affirmative action in clicking on “check box”™ and on the “continue button as provided on the registration page or clicking on “˜Pay Now” button while transacting as User or such other actions that implies your acceptance. “Product” shall mean the Products offered for sale on the website from time to time “Delivery” shall mean the physical delivery of goods under your order placed with us “Price” means the price communicated at the time of order and confirmed by us “Payment Facility” shall mean applicable mode of payments made available to User from time to time. “Content” means all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code collectively By impliedly or expressly accepting this User Agreement, Policies and Terms, You also accept and agree to be bound by Rules, Policies and Terms as provided from time to time in the Website.
PURCHASE
1) Registration and Submission of Personal Details: You can use the services offered by the Website as a “Registered User”. As part of the registration process on the Site, we may collect certain personally identifiable information about you including first and last name, email address, mobile phone number and contact details, Postal code, Demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information. As a Registered User, you are responsible for maintaining the confidentiality of your user id and password. You are also responsible for maintaining the confidentiality of your email id and mobile number and for any unauthorised access to your mobile , tab, computer, computer system and computer network, and you are responsible for all activities that occur under your user id and password, email id and mobile number as the case may be. You agree to maintain and promptly update all data provided by you and to keep it true, accurate, current and complete. 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 Terms, we have the right to indefinitely suspend or terminate or block access of your user account with the Website and refuse to provide you with access to the Website. We will collect personally identifiable information about you only as part of a voluntary registration process, on-line survey, or contest or any combination thereof.
2) User’s Liability: The User hereby affirms that the information provided by him / her is true, correct and complete to the best of his / her knowledge and belief. The User agrees and understands that he / she will be solely responsible in the event of any inaccuracy or deviation there from at a later stage. You agree to comply with all applicable laws in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from us. You agree and undertake 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. 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 You, as a Buyer, understand that upon initiating a transaction you are entering into a legally binding and enforceable contract with Kamalalaya to purchase the products from Kamalalaya, and pay the transaction price to Kamalalaya using appropriate Payment Facility. You, as a Buyer, understand that the all payment facility may not be available in full or in part for certain category of products and for certain locations and hence you may not be entitled to use that Payment Facility in respect of the transactions for those products or locations.
3) Availability of the Website and its services: This Website is controlled and operated from India and Kamalalaya makes no representation that the materials are appropriate or will be available for use in other locations. If you use this web site from outside the India, you are entirely responsible for compliance with all applicable local laws.
4) Access to Website: We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
5) Permission to access website : The use of the Website and its Content grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content. Including the content but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website belong to Kamalalaya and are controlled or licensed by us, and are protected by trade mark laws, and various other intellectual property rights. Except as expressly provided in Terms of Use, no part of the Website 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, website and application or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.
6) Applicability of Terms: You will be subject to the policies, conditions and Terms of use in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you).
7) Communications: When you place an order on our Website or send e-mails to us, you are communicating with us electronically so you must provide a valid mobile phone number / email address and your address while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order.
8) Products/Services: All products and information displayed on the Website constitute an “invitation to offer”. Your order for purchase constitutes your “offer”. All orders placed by you on the Website are subject to availability and acceptance by us and conditional on your acceptance and adherence to these terms and conditions.
9) Our Contract: Your order is an offer to us to deliver the product(s) in your order. We will confirm our acceptance of your offer either through an e-mail / SMS or through shipment of the items you requested. Upon placing an order, you will receive an e-mail confirming receipt of your order with details (the “Order Confirmation E-mail”). The Order Confirmation E-mail is an acknowledgement that we have received your order, and does not confirm acceptance of your offer to deliver the product(s) ordered. Our acceptance to your offer takes place and the contract of sale for a product ordered by you concludes only upon actual dispatch of products to you and an e-mail confirmation in that regard is sent to you (the “Dispatch E-mail”). We, at our sole discretion, reserve our right to limit the quantity of items and cancel any order, even after acceptance.
10) Delivery/Shipment of Product: Delivery of the Products under your Order in the Website shall be made as per our Delivery/shipment policy mentioned herein.
11) Exactness / Accuracy of Product: We have made significant efforts to accurately display the colours / dimension / specification of products that appear on the Website. However, we do not warrant/guarantee that product description or other content of this Website is accurate, complete, reliable, current, or error-free. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colours, dimension, specifications of products offered on this Website.
12) Disclaimer: You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before placing any order or availing the services or entering into any transactions with us through our Website. We shall not be held liable nor responsible for any representations or warranties/guarantees of the products save and except the limited manufacturer’s warranty/guarantee on the respective Product is assigned unto us and we hereby expressly disclaim and any all responsibility and liability in that regard.
13) Severability: If any of these Terms is deemed invalid, void or unenforceable in whole or in part for any reasons, such invalidity or unenforceability condition or part thereof will be deemed severable and will not affect the validity and enforceability of any remaining condition or part of such condition / Terms
14) Amendments: Kamalalaya reserves its right to amend the Website, Policies, Conditions or Terms of use and at any time without prior notice. All such updates and amendments shall be posted on the Website and will be effective from the time of its posting on the Website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement, Terms and Policies.
15) Indemnification: You agree to indemnify, defend and hold harmless us and affiliates including employees, directors, officers, agents and their successors and assigns 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 us arising out of your actions or inactions or result from your breach of the Terms and Conditions herein or any document incorporated by reference/hyperlink or infringement of intellectual property rights or your violation of any law, rules or regulations or the rights of any third party.
16) Limitation on Liability: In no event shall we or our affiliates be liable for any special, indirect, incidental, consequential or exemplary damages including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this User Agreement whatsoever, whether in an action of contract, negligence or other tortious action. However in case of missing a delivery in transit, Our liability is limited only to delivery at a later agreed time at no additional charge.
PRICE & PAYMENT POLICY Price Policy: Prices and taxes thereon in respect of all products are subject to change from time to time, without prior notice by Kamalalaya. We strive to provide you with the best prices possible on our Website. All the products listed on the Website will be sold at Indian Rupees either at Maximum Retail Price ( MRP) (inclusive of all taxes) or at an Offer/discounted price with taxes, unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged to you on the date of delivery. There may be cases where M.R.P. of the product delivered is different from the M.R.P. quoted / reflected on the Website due to various reasons including time lag in updating prices post changes in M.R.P. or product belonging to a different batch.
2) Payment Policy: The Website offers you multiple payment options both online and offline however Kamalalaya reserves its right to add or delete any mode of payment without any prior notice. A. Offline Payment Mode: Cash on Delivery (CoD) – Buyer needs to make payment in cash to the delivery person at the time of receipt of delivery of the Products at its delivery location Online Payment Mode: i. Credit Cards ii. Debit Card iii. Net Banking iv. Wallet Payment Acceptance: We accept payments made by most of the major credit/debit cards issued in India. Acceptance of card payment is at the sole discretion of Kamalalaya and you may be asked to submit copy of photo identity proof too.
Order: You can place your order with us either on our Website and choose any of our payment modes made available to you. In case of payment to be made offline, Buyer needs to pay the invoice amount in cash at the time of delivery of the Product at its doorstep/preferred location.
Orders will be processed for shipment/delivery upon selection of your preferred delivery location, date and time and confirmation by us.
Payment: 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:
i. Lack of authorization for any transaction/s, or
ii. Exceeding the present limit mutually agreed by you and your issuing bank, or
iii. Any payment issues arising out of the transaction, or
Decline of transaction for any other reason/s All payments made against the purchases of products on Website by you shall be in Indian Rupees only.
In cases where the payment of an online order does not get succesfully communicated to our system due to any network or technical issue between intermediary, bank or payment gateway, the order shall not be processed and a refund will be initiated for the same. However in an unsuccessful attempt if the customer’s account gets debited, such amounts generally gets auto reversed in the same account. However we shall not be held responsible for such amounts debited in unsuccessful attempts and customer can raise reversal request with their bank should there be any unreasonable delay in refund.
For Credit Card:
Note: Credit cards not enabled for online/ecommerce transaction will not be processed for payment. Please check with your credit card issuing Bank or authority on the status or to activate online transaction capabilities for your credit card.
For Debit Card: Note: Debit cards not enabled for online/ecommerce transaction will not be processed for payment. Please check with your debit card issuing Bank or authority on the status or to activate of online transaction capabilities for your debit card.
Contact us at sales@kamalalaya.com for questions related to refunds and returns.