Terms of service

TERMS OF USE

Welcome to Artt n Attire. This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3) 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 Artt n Attire marketplace platform - www.arttnattire.com (hereinafter referred to as “Platform”)

 The Platform is owned by Artt n Attire. Your use of the Platform and services and tools are governed by the following terms and conditions (“Terms of Use”) including any other applicable policies which are incorporated herein by way of reference. By mere use of the Artt n Attire Platform, You shall be contracting with Artt n Attire, the owner of the Platform. These terms and conditions including the policies constitute Your binding obligations, with Artt n Attire.

 For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on Platform by providing data while registering on the Platform as Registered User. The term “Artt n Attire”, “We”, “Us”, “Our” shall mean Artt n Attire and its affiliates.

 When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by all Artt n Attire including but not limited to the Privacy Policy and Refund Policy as amended from time to time.

 1. User Account, Password, and Security:

 If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block Your access on the Platform.

If there is reason to believe that there is likely to be a breach of security or misuse of Your account, We may request You to change the password or we may suspend Your account without any liability to Artt n Attire, for such period of time as we deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from Your failure to comply with this provision.

 In the event of a device being associated with multiple logins or sign ups, as a measure to enhance customer's security and privacy as well as safeguarding your sensitive information for any potential risks, Artt n Attire sometimes consider moderating users and their association with devices while using the Artt n Attire app or website.

 Your mobile phone number is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through an OTP verification. You agree that Artt n Attire shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Platform. You agree to immediately notify Artt n Attire of any unauthorized use/breach of your password or account.

 If You share or allow others to have access to Your account on the Platform (“Account”), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information, You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.

 If You have not accessed Platform for a period of 2 (two) Years, Your data (including transactional data) will be deleted from Our record and You will not be able to access such data.

 2. Products/Services Offered:

 Artt n Attire a provides a number of Internet-based services through the Platform. One such Service enables Users to purchase original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands (collectively, “Products”). The Products can be purchased through the Platform through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. (which are found on the Platform and all of which are incorporated here by reference). If the product returned by the user is used, damaged or if the original tags are missing, the user’s return request shall be declined, and the said product shall be re-shipped back to the customer. In the event that the return request is declined, the user shall not be eligible for a refund, and Artt n Attire assumes no liability in this regard. Further, in the event that the user fails to accept the receipt of the said re-shipped product, the user shall continue to be not eligible for a refund, and Artt n Attire assumes no liability with respect to the return or refund for the said re-shipped product. In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product.

 Artt n Attire does not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

 3. User Conduct

 You release and indemnify Artt n Attire and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Artt n Attire and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Artt n Attire cannot take responsibility or control the information provided by other Users which is made available on the Platform.

 4. Disclaimer of Warranties and Liability:

 All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Platform 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, Artt n Attire does not warrant that: Platform will be constantly available, or available at all or the information on Platform is complete, true, accurate or non-misleading.

 You will be required to enter a valid phone number while placing an order on the Platform. 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 SMS.

 5. Payment

 While availing any of the payment method/s available on the Platform, Artt n Attire 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 preset 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 Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Platform will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Platform.
  • You have specifically authorized Artt n Attire or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with Artt n Attire is on a principal-to-principal basis and by accepting these Terms of Use you agree that Artt n Attire is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on Artt n Attire 's Platform that are paid for by using the Payment Facility. Artt n Attire does not guarantee the identity of any User, nor does it ensure that Artt n Attire or its service providers will complete a transaction.
  • You understand, accept and agree that the payment facility provided by Artt n Attire is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Artt n Attire Platform using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Artt n Attire is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

Payment Facility for Buyers:

  • You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the us to purchase the products and /or services from us using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank.
  • You, as a Buyer, shall electronically notify Artt n Attire by email immediately upon Delivery or non-Delivery within the time period as provided in these Terms or any other applicable policies. Non notification by You of Delivery or non-Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.
  • You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services
  • Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received, or through any other method available on the Platform, as chosen by You.
    • For Cash On Delivery transactions, refunds, if any, will be made via electronic payment transfers.
  • Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
  • For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
  • Refunds may be supported for select banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details with us for processing the refund.
  • Refund shall be conditional and shall be with recourse available to Artt n Attire in case of any misuse by Buyer.
    • We may also request you for additional documents for verification.
  • Refund shall be subject to Buyer complying with all policies.
    • Artt n Attire  reserves the right to impose limits on the number of Transactions or Transaction Price which Artt n Attire  may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
  • Artt n Attire 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 Artt n Attire or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
  • Artt n Attire may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of Artt n Attire. As a result of such check if Artt n Attire is not satisfied with the creditability of the Buyer or genuineness of the Transaction or other reasons at its sole discretion, Artt n Attire shall have the right to reject the receipt of / Buyers commitment to pay Transaction Price. For avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment, may be disabled for certain account users, at the sole discretion of Artt n Attire.
  • Artt n Attire may delay notifying the payment confirmation, if Artt n Attire deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price.
  • Artt n Attire will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Artt n Attire.

 6. Compliance with Laws:

  • As required by applicable law, if the Customer makes a purchase of an amount equal to or above INR 2 00 000.00, the Customer will be required to upload a scanned copy of his/her PAN card on the Platform, within 4 days of making the purchase, failing which, the purchase made by the Customer will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by the Customer, it need not be submitted again. The order of the Customer shall stand cancelled if there is a discrepancy between the name of the Customer and the name on the PAN Card.
  • Customers 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 there under, 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 Artt n Attire Platform.
  • 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 Customer and the respective Issuing Bank and payment instrument issuing company. 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.

 9. E-Platform:

 You agree, understand and acknowledge that Artt n Attire is only an online platform that enables you to purchase products listed on the Platform at the price indicated therein.

 10. Indemnity:

 You shall indemnify and hold harmless Artt n Attire , its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

 11. Trademark, Copyright and Restriction:

 Platform is controlled and operated by Artt n Attire. All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Artt n Attire 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 Artt n Attire 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. 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, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.

 12. Limitation of Liability:

 In no event shall Artt n Attire be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

  • the use or the inability to use the Services or Products
  • unauthorized access to or alteration of the user’s transmissions or data
  • breach of condition, representations or warranties by the manufacturer of the Products
  • 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 Platform or Service. Artt n Attire shall not be held responsible for non-availability of Artt n Attire during periodic maintenance operations or any unplanned suspension of access to Artt n Attire. The User understands and agrees that any material and/or data downloaded at Artt n Attire is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, Artt n Attire ’s liability shall be limited to an amount equal to the Products purchased value bought by You. Artt n Attire shall not be liable for any dispute or disagreement between Users.

 13. Termination:

 Artt n Attire may suspend or terminate your use of the Platform if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until Artt n Attire chooses to terminate them.

  • If You or Artt n Attire terminates your use of the Platform or any Service, Artt n Attire may delete any content or other materials relating to your use of the Service and Artt n Attire will have no liability to you or any third party for doing so. However, your transactions details may be preserved by Artt n Attire for purposes of tax or regulatory compliance.
  • Artt n Attire may unilaterally terminate Your account in accordance with these Terms of Use. Any Artt n Attire credits earned as goodwill compensation, earned via loyalty or referral program or promotional campaigns or earned through gift cards purchased on other platforms will be forfeited in such cases. Returns/Refund for such Users shall be at the sole discretion of Artt n Attire.
  • If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead Artt n Attire by sharing multiple address and phone numbers or transacting with malafide intentions then Artt n Attire reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.

 14. Jurisdictional Issues/Sale in India Only:

 Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. Artt n Attire 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 Platform from other locations/Countries other than India do so on their own initiative and Artt n Attire 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.

 15. Governing Law:

 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 courts, tribunals, fora, applicable authorities at Chennai. The place of jurisdiction shall be exclusively in Chennai.

 16. Disclaimer:

 You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through Artt n Attire. We shall neither be liable nor responsible for any actions or inactions of third-party service providers such as manufacturers, payment facilitators, shipment providers etc. nor any breach of conditions, representations or warranties by them and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the service providers or manufacturers of the products. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Platform. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. At no time shall any right, title or interest in the products sold through or displayed on Platform vest with Artt n Attire nor shall Artt n Attire have any obligations or liabilities in respect of any transactions on Platform.

 Artt n Attire disclaims any liability or responsibility for claims regarding non-delivery, non-receipt of order (including signature verification in Proof of delivery) after 48 hours from the alleged date of delivery of product reflecting on the Artt n Attire portal.

 17. Charges

 Subject to the Terms of Use and the below terms and conditions, Artt n Attire may levy charges on all orders on the Artt n Attire Platform:

  1. The fee shall be specified on the shopping bag page on the Artt n Attire Platform.
  2. The fee shall be charged on the overall order value.
  3. Artt n Attire reserves the right to modify/waive off the fee from time to time.
  4. The Fee shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws for making payments to Artt n Attire.
  5. To protect the rights of customers, Artt n Attire reserves the right to collect this Fee for all orders and disable cash on delivery option for accounts which have high percentage of returns and shipments not accepted, of the number of orders placed through such accounts.

You may be charged a fee dedicated to keeping the Platform running smoothly and continuously for improving your app experience (“Platform Fee”).