Terms & Conditions
TERMS AND CONDITIONS OF SALE AND USER TERMS AND CONDITIONS
NOTICE: These Terms of Sale (“TOS”) govern and apply to all online transactions of purchase and sale of Products and/or Services on www.thevcollection.com (“Website”) and is owned, managed and operated by The V Collection Private Limited (“The V Collection”).
If the visitor to the Website is a minor i.e. under the age of 18 years, he/she shall not transact on the Website. As a minor, if a User wishes to use or transact on the Website, such use or transaction may be made only by their parents/ legal guardian. All monetary transactions shall be made by the parents/ legal guardians themselves. The parents/ legal guardians shall be financially responsible for access and use of the Website and for any liability rising as a result of transacting on the Website. The V Collection reserve’s the right to terminate any membership/ business relationship/ transaction in the event of breach of any of the TOS as are set out herein.
Before using our Website, You are requested to please ensure that You carefully read and understand these TOS which shall apply. Your use of our Website is expressly conditional on Your acceptance of these TOS.
Before using our Website, You are requested to please ensure that You carefully read and understand these TOS which shall apply. Your use of our Website is expressly conditional on Your acceptance of these TOS.
“Affiliate(s)” shall mean with respect to www.thevcollection.com, any person directly or indirectly controlling, controlled by, or under direct or indirect common control with, The V Collection Private Limited, including its subsidiaries, holding and associate companies;
“Business Days” shall mean all days excluding Sundays and days declared as a national holidays in the Republic of India or a state holiday in the state of Rajasthan and when banks are generally open;
“Devices” " means any mobile/stationery device (including Desktops, laptops, handsets and tablets) on which The V Collection allows the downloading and use of the Website for providing the Services;
“Law” shall mean shall any statute, law, acts of the state legislature or Parliament, regulation, ordinance, rule, judgment, order, decree, bye-laws, clearances, directives, guidelines, policy requirement, or any governmental restriction or any similar form of decision of, or determination by, or any interpretation or administration having the force of law in India of any of the foregoing, by any government authority having jurisdiction over the matter in question, and includes any laws, notification, circulars, ordinances, byelaws, rules whatsoever;
“Order” shall mean any Order placed by User on the Website for purchase of any Product or Service;
“Products” shall mean all products and services displayed on the Website for sale to User;
“Services” shall mean services displayed on the Website for sale to User and shall include any after-sales services, promotional offers and customer care services provided by The V Collection through the Website or through any authorized third party;
“Territory” shall mean the territorial limits of the Republic of India;
“User” shall mean any Person visiting the Website, whether or not, such Person has placed an Order and whether or not such Person’s Order has been processed. It shall also include the expressions “You”, “Yours” and “Yourself”;
“Website” shall mean www.thevcollection.com, that The V Collection has permitted You to access and to which the TOS is linked and includes the TOS attached to it.
2. SALE AND PURCHASE OF PRODUCTS AND SERVICES
2.1. The Website is independently operated by The V Collection, a private limited company incorporated under the Companies Act of 2013. The Products and Services on this Website belong to our partners/suppliers/resellers and are being used and sold on this Website under a specific agreement whereby we are authorized to sell the Products. These TOS issued by The V Collection Private Limited which may be referred to by its full name or as ‘The V Collection’ or ‘We’ or ‘Us’.’ By placing an Order on this Website You are entering into a purchase/sale transaction solely with The V Collection. This applies to all cases where the payment is made by all modes, including credit card, bank card, debit card, bank transfer, e-wallets and other payments are to be made to The V Collection.
2.2. All Products and Services sold, displayed, offered and made available herein copyright protected by the Intellectual Property Laws in India as well as the worldwide protection protected by the Berne Convention for the Protection of Literary and Artistic Works, belonging solely to The V Collection Private Limited and/or its Affiliates. Except as stated herein, none of the Products may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of The V Collection.
2.3. You acknowledge and agree that nothing in these TOS and/or Your Use of the Website and/or Your purchase of any Products and/or availing any Services shall have the effect of transferring the ownership of any copyrights, trademarks, service marks, trade names or other proprietary rights in the Products, Services or Website or any part thereof to You or any third party.
2.4. The V Collection Private Limited is the owner and the operator of the Website/ The V Collection in the Indian territory & internationally. Furthermore, it is responsible for maintaining the Website and providing for the technical support for the same. The terms "The V Collection", "Company", "we", "our", and "its" when referring to these entities are used only for convenience and are not intended to be an accurate description of ownership, operation or corporate/legal relationships.
2.5. You acknowledge that The V Collection, is the owner of all applicable patents, trademarks, copyrights (including, but not limited to, selections, collections, compilations, and arrangements), and other intellectual property rights thereto.
2.6. No part of the contents of this Website and may be modified, transmitted, or otherwise used without our express permission except as provided herein.
2.7. Under no circumstances, including, but not limited to, negligence, shall We be liable to any party for: (i) any direct, indirect, special, punitive, incidental, exemplary, consequential (including, but not limited to, damages for business interruption, loss of business profits, loss of programs, or loss of information), or any other damages arising in any way out of the availability, use, reliance on, or inability to use the materials in this Website, even if any The V Collection authorised representative has been advised of the possibility of such damages; or (ii) any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the Website. In no event shall our total liability to You herein, for any claim or action arising from use of the Website (whether in contract, tort, or otherwise) exceed the amount paid by You, if any, for accessing this Website. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the fullest extent permitted by law.
2.8. “The V Collection” and “The V Club” and the “We Make You Feel Incredible” logo/word marks including the logo contouring a ring along with two unicorns and a crown in turquoise and blue colours along with the embolden inscription of “V” are registered trademarks/tradenames/wordmarks or applied for registration and/or service marks of The V Collection or are in the process of being registered through an appropriate Trademark application. Notwithstanding the aforementioned, all proprietary rights on the aforementioned Trademarks would vest with The V Collection on account of being the rightful owner and the prior user of such Trademarks.
3. ORDERS AND ACCEPTANCE
3.1. An Order submitted by You on the Website shall constitute an offer by You to The V Collection to purchase or subscribe to the Products and/or Services through the Website in terms of these TOS.
3.2. Any Products made available or displayed on the Website are subject to change and availability and do not constitute an offer of sale by us and may be withdrawn or revised at any time prior to our express acceptance of Your Order.
3.3. We are at liberty to process and accept or reject Your Order without assigning any reason, at any point of time. In case Your Order is rejected for any reason after completion of payment by You, we shall refund Your entire payment within a reasonable time period from the cancellation of the Order.
3.4. Your transaction is complete, and acceptance becomes effective when Your Order is actually processed, and Products are dispatched from our premises. Prior to such acceptance, an automatic e-mail acknowledgement of Your Order may be generated. Please note that any such automatic acknowledgement does not constitute a formal acceptance of Your Order.
3.5. You understand that the Products uploaded and made available on the Website are handmade and handcrafted by artisans using hand tools and semi-automatic hand held machines. All raw materials used for manufacturing the Products including all stones, beads and metal are natural sources, therefore cracks, uneven surfaces, brackishness may occur due to a variety of factors including climatic conditions, way of use, exposure to water, exposure to synthetic materials and chemicals, usage of time and other factors.
3.6. We recommend that You retain a copy of these TOS and Your Order for future reference and records.
4. RECEIVING WARRANTY
4.1. All Product specifications, illustrations, drawings, particulars, dimensions, performance data and other information on the Website or made available by us are intended to represent no more than a general illustration of the Products and do not constitute a warranty or representation by us that the Products will conform with the same. You must refer to the manufacturer's specifications or warranty documentation to determine Your rights and remedies in this regard.
4.2. The V Collection shall provide if it may deem for a manufacturer’s warranty for [•] months on the Products offered on the Website, subject to other terms and conditions of this TOS.
4.3. Your rights of repair or replacement of any Products or any part or parts thereof which are found to be defective will (except where agreed otherwise) be negated or rendered void where:
4.3.1. Products have been repaired or altered by persons other than the manufacturer, us or any authorised dealer; and/or
4.3.2. defective Product or Products have not been returned together with full details in writing of the alleged defects within 30 days from the date on which such Products were delivered; and/or
4.3.3. defects are due (wholly or partially) to mistreatment, improper use or storage or usage, or failure to observe any manufacturers' instructions or other directions issued or made available by us in connection with the delivered Products; and/or
4.3.4. defects are due to exposure of the Product to extreme climatic conditions and/or temperatures, chemical and/or synthetic substances, prolonged water and/or extreme rainfall; and/or
4.3.5. defect that may occur due to User’s rash and/or reckless usage and due to the neglect and/or deliberate damage caused to the Product either directly or indirectly, which a reasonable and a prudent person may do or refrain from doing.
4.4. TO THE EXTENT PERMITTED BY applicable Law, we expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement of intellectual property rights.
4.5. To the extent permitted by applicable Law, we make no warranties that:
4.5.1. The Products and/or Website will meet Your requirements;
4.5.2. The Products shall be exactly the same as showed on the Website, there may be slight variations and changes of the physical Product;
4.5.3. The results that may be obtained from the purchase of the Products and/or use of the Website will be accurate, or reliable;
4.5.4. The quality of any Products purchased and/or information obtained by You through the Products and/or Website will meet Your expectations;
4.5.5. Any errors in the Products and/or Website will be corrected;
4.5.6. We do not warrant third party products.
4.6. Limitation of Liability: To the maximum extent permitted by applicable Law and regardless of whether any remedy set forth herein fails of its essential purpose, in no event will we be liable to You for (a) any lost profits arising out of the provision of the Products and/or Website, (b) any loss of use or lack of availability of computing devices, failed messages or transmission errors arising from the use of or inability to use the Products and/or Website, or (c) any special consequential, indirect or similar loss or damage(s) with respect to the use of the Products. In no case shall our liability exceed the amount You paid for the applicable Product.
4.7. Proprietary Rights. Ownership of all proprietary rights in the Products belong to The V Collection Private Limited. Ownership of all proprietary rights in the Website belong to The V Collection Private Limited. You will not remove, deface or obscure any of manufacturer/licensor/supplier’s copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Products and/or the Website.
5. GENERAL CONDITION FOR USE OF THE WEBSITE
5.1. You agree to use the Website and Services only for lawful purposes. Further, You agree not to take any action that might compromise the security of the Website or the Services or of any other person using the Website or availing or providing the Products or Services offered herein, or render the Website or Services inaccessible to others or otherwise cause damage to the Website or Services provided therein or cause any damage to any third person using the website or availing the services provided therein.
5.2. You agree not to add to, subtract from, or otherwise modify the Website or to attempt to access any Services or to use the Website or the Services in any manner that might interfere with the rights of third parties. The V Collection reserves the right to monitor Your use of the Website as well as the Services availed from the Website.
5.3. Use of this Website and the Products and/or Services is unauthorized in any jurisdiction that does not give effect to all provisions of these TOS.
5.4. By using the Website, You agree to accept, unconditionally, the complete liability for any action arising from Your use of the Website in any jurisdiction. The V Collection reserves its right to take appropriate action, including suspension or termination of Your account if The V Collection has reasonable grounds to believe or is made aware that You are using the Website or the Products/ Services in a manner that is in breach of the TOS or applicable laws. In addition, You agree, unconditionally, to indemnify The V Collection from any liability or cost arising from any action or inaction by You with respect to Your use of the Website or Product/ Services.
5.6. You are solely responsible for the content and information shared by You on the Website, specifically the content You post or upload as part of the reviews and comments, including but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (“Contents”). The V Collection does not endorse and has no or limited control over such Content. Content is not necessarily reviewed by The V Collection prior to posting and does not necessarily reflect the opinions or policies of The V Collection. The V Collection makes no warranties, express or implied, as to the Content or to the accuracy, integrity and reliability of the Content or any material or information that You transmit to other Users. Because community and morality standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our Website, You may be exposed to Content that You find offensive or objectionable. You can contact our Us at The V Collection to let us know of Content that You find objectionable.
5.7. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to, issuing warnings, removing the Content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action.
5.8. The content of the pages of this Website is for Your general information and use only. It is subject to change without notice. Unauthorised use of this Website may give rise to a claim for damages and/ or be a criminal offence.
5.9. The service statements on this Website are for general description purposes only. If You are accessing the Website or purchasing/ availing the Products/ Services on behalf of a company or other legal entity, then You should have the legal authority to represent and bind such company or entity to the Terms. In such a case, the terms "You" or "Your" or “Member” or “User” shall refer to the corporate or other legal entity represented by You. If you do not have the legal authority to bind the corporate or legal entity represented by You, then You will be personally liable in Your personal capacity for all the obligations contained in these Terms, including, fulfilment of any payment obligations.
5.10. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
5.11. The Website may contain links to other third-party sites. Such sites will contain their own separate terms and conditions. Your access to and use of these interactive sites will require acceptance of their respective separate terms and conditions.
5.12. Some part of the Website may contain advertising information or promotion material or other material submitted to The V Collection by third parties. Responsibility for ensuring that the material submitted for inclusion on Website complies with applicable law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of advertisers or 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. The V Collection will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or 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 Website. The V Collection reserves the right to omit, suspend or change the position of any advertising material submitted for insertion.
6. PRICE, PAYMENT TERMS AND INVOICING
6.1. Price payable for Products are those in effect at the time of dispatch or delivery, unless otherwise expressly agreed. Prices may be indicated on the Website or an Order acknowledgement but the authoritative price in the event of any discrepancy, is the price that is notified to You on our Invoice.
6.2. We have the right at any time prior to our acceptance of Your Order to withdraw any discount and/or to revise prices to take into account increases in costs including (without limitation) costs of any Product, materials, carriage, labour or the increase or imposition of any tax, duty or other levy and any variation in exchange rates. We also reserve the right to notify You of any mistakes in Product descriptions or errors in pricing prior to Product dispatch. In such event if You choose to continue with fulfilment of the Order, You acknowledge that the Product will be provided in accordance with such revised description or corrected price.
6.3. India is the territory that we process the delivery of the Products (“Territory”) purchased via the Website. Unless otherwise specified, prices quoted on the Website are:
6.3.1. Exclusive of the costs of shipping or handling to the place of delivery within the Territory, if applicable; and
6.3.2. Exclusive of Goods and Services Tax and/or any other applicable taxes which (where applicable) must be added to the price payable for all Products sold in the Territory. However, all Products sold outside the Territory shall be exempted from Goods and Services Tax as per applicable law.
6.3.3. Exclusive of any import tax, cess, levy, charges and duties applicable for import of any Products in Your home country and/or any other charges of similar nature and whatever name applicable by any person or authority on the Products imported from the Territory.
6.4. You agree to pay for taxes, shipping or transportation of Products as such costs are specified by us on the Website when You place Your Order.
6.5. Payment shall be made prior to delivery and by such methods as are indicated on the Website (and not by any other means unless we have given our prior agreement).
6.6. Except as expressly provided elsewhere in these TOS or the Website, payment may be taken in full notwithstanding any claim for short delivery or defects.
6.7. The online payment mode includes credit cards, debit cards, net banking, e-wallet etc. We accept payments made by most of the major credit/debit cards issued in India and outside India. Acceptance of card payment is at the sole discretion of The V Collection. Further, The V Collection reserves its right to deny acceptance of card payment without any prior notice.
6.8. We will charge credit or debit cards on dispatch of the Product or commencement of Services. We reserve the right to verify credit or debit card payments prior to acceptance.
6.9. We reserve the right to use authorized third parties to assist with certain operations, which may include the use and secured transfer of Your personal and/or payment information. Your information will never be sold or shared for any other reason without Your consent. We also reserve the right to change our authorized third party.
6.10. You shall receive an invoice to Your email address within 24 hours of completion of payment and processing of Your Order. Any additional terms that may be stated in Your invoice shall also apply to You and shall be read in conjunction with these TOS.
6.11. Any extension of credit allowed to You may be changed or withdrawn at any time. Interest shall be chargeable on overdue amounts accruing on a daily basis at the maximum amount permitted under applicable Law from the due date for payment until our receipt of the full amount (whether before or after judgement). You shall indemnify us on demand against any out of pocket expenses incurred in relation to recovery of any overdue amounts.
6.12. While availing any of the payment method(s) available on the Website or 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:
6.12.1. Lack of authorization for any transaction/s; or
6.12.2. exceeding the present limit prescribed for respective payment option (debit card/credit card) which is mutually agreed by You and Your issuing bank; or
6.12.3. any payment issues arising out of the transaction which may include an internet connection failure, loss of power supply to the electronic source by which You are accessing the Website; or
6.12.4. decline of transaction for any other reasons’ whatsoever.
6.14. The V Collection reserves its right to change the price of any Products and/or Services available through the Website any time without any notice, to the extent permitted under applicable laws. All payments made against the purchases of Products/ Services on application by You shall be in either United States Doller, Australian Dollar, Euro, Indian Rupees, Japanese Yen or Great British Pound, whereas Indian Rupees (“INR”) shall be the base currency. The Website or the payment gateways associated with it will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Application.
6.15. You represent and confirm that the credit/debit card that is being used is Yours or that You have been specifically authorized by the owner of the credit/debit card to use it. You further agree and undertake to provide the correct and valid credit card or debit card details to carry out a transaction on the Website. All credit / debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of Your payment card refuses to authorize payment to Us, we will not be liable for any delay or non-delivery of payment which may arise as such would be extenuating factors which are outside the purview of Our direction or control. You further acknowledge that The V Collection will not be liable for any damages, interests, claims etc. resulting from not processing a transaction or any delay in processing a transaction which is beyond the control of The V Collection.
7. REFUNDS AND RETURNS
7.1. Except as set out herein or under the Returns Policy below in 7.2 and subject to any rights You have under applicable Law that cannot be excluded or limited by these TOS:
7.2. we shall not be liable and You shall not be entitled to reject Products, except for:
7.2.1. defects in Products (not being defects caused by any act, neglect or default on Your part) notified in writing to us within 30 days of receipt of the Products.
7.2.2. defective performance of Services (not being defects caused by any act, neglect or default on Your part) where it has been notified in writing to us within 5 days of such defect becoming apparent.
7.3. we shall not be liable for any damage or losses arising from defective/ improper/ unsuitable use of the Products; Your negligence; improper use or use in any manner inconsistent with the manufacturer's specifications or instructions.
7.4. where these is a shortage or failure to deliver, or any defect in or damage to a Product, we may at our option and sole discretion:
7.4.1. (in the case of Product shortage or non-delivery) make good any such shortage or non-delivery and/or
7.4.2. in the case of failure to perform or defective performance of a Service, make good such failure or defective performance; and/or
7.4.3. in the case of damage or any defect(s) in the Product:
22.214.171.124. Replace or repair the Product upon You returning the Product; or;
126.96.36.199. Refund the price paid in respect of any Products found to be damaged or defective.
7.5. Returns Policy:
7.6. Once an Order containing physical Products has been placed and the funds have been received by us the Order is considered to be in the processing stage. The following policy and charges will apply to order cancellations per the relevant status below:
7.6.1. Order Not Yet Shipped
188.8.131.52. In cases where the Order has not yet been shipped from the warehouse and a cancellation request is generated, the Order may be cancelled and a refund may be initiated within 72 hours of receiving the request in writing from the customer who has placed the Order.
184.108.40.206. A service fee of 12% will be charged and the balance refunded to the cardholder and credited through the same payment instrument. For example, if the order is placed on through a credit card then the refund will be paid through the payment gateway to the same credit card account.
7.6.2. Order Shipped
220.127.116.11. In cases where the Order has already been shipped from the warehouse and a cancellation request is generated, the Order will be cancelled and the refund will be initiated with 72 hours of receiving the product back from the customer or from the courier company as RTO (Return to Origin). If the Order is already delivered, You must ensure that the packaging is not opened and remains sealed. The Product will need to be sent back to The V Collection in good condition and be unused.
18.104.22.168. A service fee of 18% will be charged in addition to reasonable courier charges and the balance will be refunded to the card or bank account holder and credited through the same payment instrument. For example, if the Order is placed on through a credit card then the refund will be paid through the payment gateway to the same credit card.
22.214.171.124. Once the transfer is initiated, You may be given a bank reference ID to track the refund process. The funds transfer is done through a third-party gateway and could take between 7-10 working days to reflect in Your account for transactions within the Territory, however for international transactions outside the Territory the average time taken could vary between 15-30 days depending upon Your payment gateway and/or home bank and/or financial intermediary.
7.6.3. Out-of-Stock Orders
126.96.36.199. It is our endeavour is to ensure that Products offered on the Website are available at all times. However, in cases where the Products are not available and not likely to be available for a reasonable period of time, You will be paid the full refund amount. No charges will be levied. Refunds will be processed within 72 hours, refunded to the cardholder and credited through the same payment instrument.
188.8.131.52. Once the refund is initiated, You will be given a bank reference ID to track the refund process. The funds transfer is done through a third-party gateway and may take between 7-10 working days to reflect in Your account for transactions within the Territory, however for international transactions outside the Territory the average time taken could vary between 15-30 days depending upon Your payment gateway and/or home bank and/or financial intermediary.
7.7. Shipping, handling, and any applicable tax are not refundable.
7.8. Please note that Your cancellation, return and refund eligibility may differ when purchased from or billed through a third party (e.g. service provider, reseller, retailer, vendor, etc.).
8. DELIVERY AND RISK OF LOSS AND DAMAGE
8.1. Delivery timescales/dates specified on the Website, in any Order acknowledgement, acceptance or elsewhere are estimates only. While we endeavour to meet such timescales or dates, we do not undertake to dispatch Products by a particular date or dates and shall not be liable to You in respect of delays or failure to do so.
8.2. Delivery shall be to a valid email address/postal address, as the case may be, within the Territory submitted by You and subject to our acceptance ("Delivery Address"). You must check the Delivery Address on any acknowledgement or acceptance we provide and notify us without delay of errors or omissions. We reserve the right to charge You for any extra costs arising from changes You make to the Delivery Address after You submit an Order.
8.3. If You refuse or fail to take delivery of Products provided in accordance with these TOS, any risk of loss or damage to the Products shall nonetheless pass and without prejudice to any other rights or remedies we have:
8.3.1. We shall be entitled to immediate payment in full for the Products delivered and either to effect delivery by whatever means we consider appropriate or to store Products at Your risk;
8.3.2. You shall be liable to pay on demand all costs of Product storage and any additional costs incurred as a result of such refusal or failure to take delivery;
8.3.3. We shall be entitled to, 30 (thirty) days after the agreed date for delivery, dispose of Products in such manner as we determine and may set off any proceeds of sale against any sums due from You.
8.3.4. Where we deliver Products by instalments, each instalment constitutes a separate contract and any defect in any one or more instalments shall not entitle You to repudiate the contract as a whole nor to cancel any subsequent instalment.
8.3.5. Save as otherwise provided in these TOS, risk of loss of or damage to the Products passes to You on delivery or when placed in Your possession or that of any carrier or transport provided by You, whichever shall occur first.
9.1. You represent that You are at least eighteen (18) years old and have legal capacity to enter into a contract, and use this Website in accordance with the TOS.
9.2. You represent that information provided by You when placing Your Order is up-to-date materially accurate and is sufficient for us to fulfil Your Order. Failure to update Your contact information may mean that we cannot reach You for any important notifications. Such information and any passwords for the purposes of accessing this Website should be kept secure against any unauthorized access.
9.3. You are responsible for maintaining and promptly updating Your personal information with us for accuracy and completeness and keeping such information (and any passwords given to You for the purposes of accessing the Website and/or purchasing Products) secure against unauthorised access.
9.4. Unless agreed otherwise or required by applicable Law, any warranties provided in relation to Products, only extend to You on the understanding that You are a User and not a reseller of those Products.
9.5. No warranty, commitment or any other obligation should ever be assumed by You on our behalf or on behalf of a Product manufacturer, licensor or supplier without our express prior written consent.
9.6. Whilst creating an account and/or uploading any Contents, information, reviews, comments and feedback, You should not use as a User ID or any name or term that (i) is the name of another person, with the intent to impersonating or representing that person; (ii) is subject to any rights of another person, without appropriate authorisation; or (iii) is offensive, vulgar, obscene or is immoral, and/or which are defamatory in nature or which may hurt the sentiments any person, religion, caste, community, race, sex or country.
10.1. We may without assigning any reason or in case of Your insolvency/ bankruptcy, any criminal action filed against You or breach by You of any of these TOS, without prejudice to any of our other rights:
10.1.1. stop any Products in transit; and/or
10.1.2. suspend further Product deliveries; and/or
10.1.3. by written notice terminate Your order and all or any other contracts between us and You.
11. UNAUTHORISED OFFERINGS
11.1. You may not alter, unbundle, or break any Product down to components for distribution, transfer, resale or any other purposes. You are strictly prohibited from removing the labels and logos of The V Collection and transferring to a third party for any purposes.
11.2. If, in our reasonable judgment, the original acquisition of the Product occurred using a fraudulently obtained payment methods, or any other unauthorized means, we have no obligation to allow continued use of the Product and/or provide support services.
11.3. We reserve the right to reject Orders and/or the transactions which have been obtained through or for unauthorized means, or if the User is otherwise in violation of the this TOS.
12. THIRD PARTY RIGHTS
12.1. You shall indemnify Us against any and all liabilities, claims and costs incurred by or made against Us as a direct or indirect result of Us selling the Products or rendering services and providing facilities or carrying out any work on or to the Products where this has been done to Your (or Your representative's) specific requirements or specifications causing an infringement or alleged infringement of any proprietary rights of any third party.
12.2. To the fullest extent permitted by law, we shall have no liability to You in the event of the Products infringing or being alleged to infringe the proprietary rights of any third party. In the event that the Products are or may be the subject of patent, design, copyright, database right, registered design, trade mark or other rights of any third party, You should refer to the relevant terms of the Product manufacturer and/or licensor/owner. We shall be obliged to transfer to You only such right or title as we have.
13.1. If any import license or consent of any government or other authority is required for the acquisition, carriage or use of the Products by You, thereafter You shall obtain such import license or consent at Your own expense and if necessary produce evidence to us on demand. Failure so to do shall not entitle You to withhold or delay payment of the price. Any additional expenses or charges incurred by Us resulting from such failure shall be met by You.
13.2. Products sold to You under these TOS may be subject to import control laws and regulations in the Your home country or other relevant jurisdiction where You take delivery or use them. You shall be responsible for complying with those Laws and will not do anything to breach them.
13.3. When You are making a purchase, You may be given an option to prepay or not prepay import tariffs and customs duties that may be levied by any government authority in Your jurisdiction, and any disbursement fees, advancement fees or similar fees that may be imposed by the shipper, broker, the customs authority of the destination country or other party (collectively, "Import Costs"). We will make commercially reasonable efforts to estimate the amount of Import Costs (said estimate, the "Estimate"). However, the Estimate may be more or less than the final actual amount of Import Costs due and payable. We have no control over the Import Costs and cannot always predict with 100% accuracy what the final actual amounts may be. For greater certainty, You should contact Your local customs office for further information on the import tariffs and customs duties that may be applicable to Your purchase.
13.4. If You choose to prepay the Import Costs, You agree and acknowledge that (a) the actual Import Costs may be more or less than the Estimate and (b) You will not be asked to pay more money or receive any refund in the case that the actual Import Costs differ from the Estimate.
13.5. If You choose to not prepay the Import Costs, You agree and acknowledge that (i) the actual Import Costs may be more or less than the Estimate; (ii) You (and not Us, the shipper, the supplier, owner of licensor or any other party) must bear the responsibility of paying all actual Import Costs; (iii) in the case that any entity other than You must pay some or all of the actual Import Costs on Your behalf to effect customs clearance, You will reimburse (upon request) that entity in full for the actual Import Costs paid on Your behalf; and (iv) failure by You to pay Import Costs in a timely manner may not only cause delays beyond our original delivery estimates, but also may put You at risk of potential liability for tariffs and other fees.
14.1. You hereby agree, permit and consent with Us that uploading of details and documents on the Website or providing the same through internet / email to the email address provided by You at the time of placing an Order or opening an account or subsequently modified by way of a written communication. For the sake of clarity all of the above documents are referred to as ‘Digital Documents’. You acknowledge that once Digital Documents are uploaded on the Website/mailed by at Your email address made available to Us, it shall be deemed to have been received by You and hence there will be no further requirement on our part to send the same physically in the paper based format to You. You hereby acknowledge that You have read and understood the following points governing issuance of the Digital Document by Us:
14.1.1. For the purpose of the above, the email address used would be the same as provided by You to Us. Any change in Your email address shall be immediately intimated to Us through the Website.
14.1.2. You shall access the Digital Documents electronically. You understand that it is the User’s responsibility to review all such Digital Documents. All information contained therein shall be binding on You if You proceed to visit the Website.
14.1.3. You agree that we shall not be responsible for non-receipt of Digital Document(s) sent via electronic delivery due to change in/incorrect email address provided by You for the purpose or for any other reason which inter alia include insufficient space in Your inbox, technical reasons or malfunction of Your computer system(s) server/internet connection etc. It shall be Your responsibility to intimate us of any change in Your address and contact information.
14.1.4. We shall not be liable or responsible for any document or statement received from frauds or impostors or any consequences thereof.
14.1.5. You acknowledge and accept that the internet is not a fully secured or a protected medium of communication and provision of services due to the public nature of the communication and that the accuracy, reliability and soundness of such means of communication and provision of services depends upon, amongst others, the service providers and the telephone, modem, cables, systems, facilities and the like used and operated from time to time by such providers and other participants. You acknowledge and further accept that, as a result of such restraints or limitations, there are risks associated in using such means of communication including the congestion, breakdown, interruption or failure of transmission of the internet service or any communication equipment or facilities, errors, omissions or delays in the transmission and receipt of data and information. There are also other risks involved such as in the unauthorised access, tampering, modification or alteration of the service and/or the system, components and software used or comprised in the service which may result in the use, manipulation, retrieval or the theft or loss of data and information, including Your personal data. You agree that we shall not be liable / responsible for such matters and resultant losses under any circumstances.
14.2. Any notice or communication to us may be given by way of email to the following email address:
Kind Attn.: Mr. Kanhai Srivastava
Second Floor, Paris Point, M.I. Road,
Jaipur – 302 016, (Rajasthan), India
Email Address: firstname.lastname@example.org
Or by filling in the Contact Us Form available on the Website.
15. GENERAL MATTERS
15.1. Governing Law, Jurisdiction and Arbitration: The construction validity and performance of these TOS shall be governed by the law applicable in the Republic of India and any and all claims and disputes arising out of or in connection with these TOS or its performance shall be settled by arbitration as per the Arbitration and Conciliation Act, 1996, by a single arbitrator appointed by mutual consent of both Parties. The seat of arbitration shall be in Jaipur, India. Subject to the arbitration provisions herein, any legal action, suit or proceeding arising out of or relating to or pursuant to these TOS shall be brought in the courts of Jaipur, India. The language of any dispute resolution procedure or any proceedings or any communications will be in English language.
15.2. Force Majeure: We shall not be liable to You nor held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of us being prevented, hindered or delayed in the performance by reason of any circumstances beyond our reasonable control including (but not limited to) any act of god, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, terrorist attack, tsunami, cyclone, civil war, earthquake, volcanic eruption, floods, acid rain, environmental disaster, explosion, strike, lock-out, trade dispute or labour disturbance, internet interruptions, bugs, virus, server breakdown or other interruptions on the worldwide web or internet which is beyond our control and in such event we may elect to cancel Your order and refund any payments made.
15.5. Waiver: If any provision of these TOS or the Policies are held to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of such TOS or relevant Policies, as the case may be, shall continue in full force and effect as if the contract between the Parties had been entered into without the invalid, illegal or unenforceable provisions.
15.6. Severability: The waiver by either party of a breach of a default by the other Party of any provision relating to these TOS or any Policies shall not be construed as a waiver of any succeeding breach of the same or any other provision, nor shall any delay or omission on the part of either Party to exercise or avail itself of any right, power, or privilege that it has, or may have thereunder, operate as a waiver of any right, power, or privilege by such Party.
15.7. Amendment and Modification: The V Collection may amend the TOS and upload the same on the Website and such amended TOS will thereupon apply to any future transactions undertaken by User on the Website.
15.8. Disclaimer of Agency: Nothing contained in these TOS or Policies and no action taken by the parties hereunder shall be deemed to constitute a relationship of agency or of partnership between You and The V Collection.