The Platform is owned by Iridium Limited, having its registered office at Les Cocotiers Complex , Royal Road , Flic en Flac , Mauritius .
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, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.
You agree to
immediately notify fabricsandcolours.com of any unauthorized use / breach of your password or account and ensure that you exit from your account at the end of each session.
2. Services Offered:
fabricsandcolours.com 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. Platform for Transaction and Communication:
The Users utilize to meet and interact with one another for their transactions on the Platform. fabricsandcolours.com is not and cannot be a party to or control in any manner any transaction between the fabricsandcolours.com’s Users. Henceforward:
All commercial/contractual terms are offered by and agreed to between Buyers 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. fabricsandcolours.com 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 Buyers and Sellers.
fabricsandcolours.com does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform.
fabricsandcolours.com is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. fabricsandcolours.com cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform.
At no time shall fabricsandcolours.com hold any right, title or interest over the products nor shall fabricsandcolours.com have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.
The fabricsandcolours.com is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. fabricsandcolours.com is only providing a platform 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 Buyer. At no time shall fabricsandcolours.com hold any any right, title or interest over the products nor shall fabricsandcolours.com have any obligations or liabilities in respect of such contract. fabricsandcolours.com 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.
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).
You release and indemnify fabricsandcolours.com 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 fabricsandcolours.com and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, fabricsandcolours.com cannot take responsibility or control the information provided by other Users which is made available on the Platform.
4. User Conduct and Rules on the Platform:
You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information which:
belongs to another person and to which You do not have any right to
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever
is misleading in any way
involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous
infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses
contains video, photographs, or images of another person (with a minor or an adult).
tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users
interferes with another USER’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services
infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products
violates any law for the time being in force
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to thecommission of any cognizable offence or prevents investigation of any offence or is insulting any other nation
shall not be false, inaccurate or misleading
shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers
A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:
Users doesn’t reply to the payment verification mail sent by fabricsandcolours.com
Users fails to produce adequate documents during the payment details verification
Misuse of another Users’s phone/email
Users uses invalid address, email and phone no.
Overuse of a voucher code
Use of a special voucher not tagged to the email ID used.
Users returns the wrong product
Users refuses to pay for an order
Users involved in the snatch and run of any order
Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to fabricsandcolours.com
User with a very high return rate
Repeated request for monetary compensation for fake/used order
fabricsandcolours.com may cancel any order that classify as ‘Bulk Orders’/’Fraud orders’ under certain criteria at any stage of the product delivery. An order can be classified as ‘Bulk Order’/’Fraud Order’ if it meets with the below mentioned criteria, and any additional criteria as defined by fabricsandcolours.com:
Products ordered are not for self-consumption but for commercial resale
Multiple orders placed for same product at the same address, depending on the product category.
Bulk quantity of the same product ordered
Invalid address given in order details
Any malpractice used to place the order
Any promotional voucher used for placing the ‘Bulk Order’ may not be refunded
Any order paced using a technological glitch/loophole.
fabricsandcolours.com does not facilitate business to business transaction between Sellers and business customers. You are advised to refrain from transacting on the Platform if You intend to avail the benefits of input tax credit.
You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company and interrupt or causes to interrupt, damages the use by other Users of fabricsandcolours.com.
You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads fabricsandcolours.com by sharing multiple address and phone numbers or transacting with malafide intentions.
We on certain landing page even allow our Users to experience free exchange of ideas and observations regarding interest in the field of fashion, including ‘viewing user generated content’ and/or ‘videos’ and ‘posting comments’. By accessing, viewing and/or posting any user generated content to any specific dedicated page on the Platform, you accept and consent to the practices described in these ‘Terms of Service’ and ‘Privacy Policies’, as well as any other terms of prescribed by the fabricsandcolours.com on the Platform. You agree and undertake that when accessing, viewing and/or posting any user generated content on these pages You will not imitate, abuse, harass, any Customer/User or violate and exploit, any of these ‘Terms of Service’ of the Platform.
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us.
The Content posted does not necessarily reflect fabricsandcolours.com views. In no event shall fabricsandcolours.com assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
fabricsandcolours.com hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the final Product as ordered by the User. fabricsandcolours.com Return & Exchange Policy offers you the option to return or exchange items purchased on fabricsandcolours.com within the return/exchange period (Please read the Product Detail Page to see the number of days upto which a product can be returned/exchanged, post-delivery). In case of return or exchange of the purchased item, please refer to the “Return and Exchange Policy” available on https://www.fabricsandcolours.com/faq .
Please note that you can only use fabricsandcolours.com Credits to buy products from your registered account on the fabricsandcolours.com app or website. fabricsandcolours.com Credits cannot be:
Used for payment of orders placed on other fabricsandcolours.com accounts.
Transferred to any other fabricsandcolours.com user’s account, bank account, or wallets, etc.
5. Contents Posted on Platform:
You may use information on the products and services purposely made available on the Platform for downloading, provided that You
do not remove any proprietary notice language in all copies of such documents,
use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
make no modifications to any such information, and
do not make any additional representations or warranties relating to such documents.
6. 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, fabricsandcolours.com 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.
All the Products sold on Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You. 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.
ALL sellers will have to provide sufficient information about themselves and the products they intend to sell on our platform . These shall include (but not limited to ) :
- Complete and Real Name and address , proved by National Identification Documents .
- Telephone no. and E-mail address
- Banking details .
- Business registration documents .
- Tax account no.
- Source and ownership of products put up for sale on our platform .
- Legal document attesting that the person is of legal age and mentally fit , to engage in commercial transaction AND has never been involved in any Criminal activity whatsoever in any country or towards any person or country .
We reserve the right to reject / disqualify any application from prospective sellers and prevent them from using our platform if our legal team is not satisfied with the information provided by them . Our decision to allow , prevent or stop any seller to use our platform cannot be challenged in any jurisdiction .
We may provide you alternation services (limited to alteration of length, alteration of the waist size) for the garments purchased by You from Us. This service may or may not be free of cost and will depend on the type of alteration requested . However, a nominal fee as mentioned by fabricsandcolours.com at the time of creating the alteration request (inclusive of service tax) would be applicable as convenience charge towards pick up and drop of the garments or towards tailor visit (wherever applicable).
8. E-Platform for Communication:
You agree, understand and acknowledge that fabricsandcolours.com is an online platform that enables you to purchase products listed on the Platform at the price indicated therein at any time. You further agree and acknowledge that fabricsandcolours.com is only a facilitator and is not and cannot be a party to or control in any manner any transactions on fabricsandcolours.com .
10. Trademark, Copyright and Restriction:
Platform is controlled and operated by fabricsandcolours.com and products are sold by respective Sellers. All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on fabricsandcolours.com 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 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.
11. Limitation of Liability:
In no event shall fabricsandcolours.com 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. fabricsandcolours.com shall not be held responsible for non-availability of the fabricsandcolours.com during periodic maintenance operations or any unplanned suspension of access to the fabricsandcolours.com. The User understands and agrees that any material and/or data downloaded at fabricsandcolours.com 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, fabricsandcolours.com’s liability shall be limited to an amount equal to the Products purchased value bought by You. fabricsandcolours.com shall not be liable for any dispute or disagreement between Users
fabricsandcolours.com may suspend or terminate your use of the fabricsandcolours.com or any Service 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 fabricsandcolours.com chooses to terminate them.
If You or fabricsandcolours.com terminates your use of the Platform or any Service, fabricsandcolours.com may delete any content or other materials relating to your use of the Service and fabricsandcolours.com will have no liability to you or any third party for doing so. However, your transactions details may be preserved by fabricsandcolours.com for purposes of tax or regulatory compliance.
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 fabricsandcolours.com by sharing multiple address and phone numbers or transacting with malafide intentions then fabricsandcolours.com reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.
13. Jurisdictional Issues/Sale in Mauritius Only:
Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale Worldwide. fabricsandcolours.com make no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than Mauritius . Those who choose to access Platform from other locations/Countries other than Mauritius do so on their own initiative and fabricsandcolours.com is not responsible for supply of products/refund for the products ordered from other locations/Countries other than Mauritius, compliance with local laws, if and to the extent local laws are applicable.
14. Governing Law:
These terms shall be governed by and constructed in accordance with the laws of Mauritius 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 Mauritius. The place of jurisdiction shall be exclusively in Mauritius.
15. Contacting the Seller:
At fabricsandcolours.com, we are committed towards ensuring that disputes between Sellers and Buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that You wish to contact fabricsandcolours.com about the seller, You may proceed to do so by clicking on the seller name on the product listing pages. Alternatively, You may also reach out to customer support at +230 5820 9000 or access help center at https://www.fabricsandcolours.com/contact-us
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 fabricsandcolours.com. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products 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 sellers 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 fabricsandcolours.com nor shall fabricsandcolours.com have any obligations or liabilities in respect of any transactions on Platform.
Delivery Related – User agrees and acknowledges that any claims regarding order delivery (including non-receipt/ non- delivery of order or signature verification) shall be notified to fabricsandcolours.com within 5 days from the alleged date of delivery of product reflecting on the fabricsandcolours.com portal. Non notification by You of non-receipt or non-delivery within the time period specified shall be construed as a deemed delivery in respect of that transaction. fabricsandcolours.com disclaims any liability or responsibility for claims regarding non-delivery, non-receipt of order (including signature verification in Proof of delivery) after 5 days from the alleged date of delivery of product reflecting on the fabricsandcolours.com portal.
17. You shall ensure that the mobile number(s), e-mail address and/or other details provided by You to fabricsandcolours.com are true, accurate and in use, at the time of the online retail transaction. Any liability, consequence or claim arising on account of any incorrect or outdated information provided by the end customer to, same shall solely be borne by the affected end customer. fabricsandcolours.com shall not be liable to verify the accuracy and/or correctness of the information so provided by such customer.
18. Customers are advised to check the serviceability with the area pin code before placing any order on the Platform.
19. Extra VAT may apply in addition to the unit sale price on certain products, but the final inclusive price will not exceed the ‘M.R.P.’
20. The images of the products shown are for visual representation only and may vary from the actual product.
21. Customers are responsible for maintaining the confidentiality of their mobile phones, e-mail accounts and passwords.
22. The prices of the product may vary during and after the Offer is over. Thereby fabricsandcolours.com shall not be held liable for such difference in the price of the product as they are offered by the participating seller/s.
23. Product warranty shall be regulated by the terms and conditions mentioned on the warranty card of respective products and fabricsandcolours.com shall not be liable or responsible to the customer in for any indirect or consequential loss or damage.
24. fabricsandcolours.com Return & Exchange Policy offers you the option to return or exchange items purchased on fabricsandcolours.comMyntra Mobile App within the specified return/exchange period (Please read the Product Detail Page to see the number of days upto which a product can be returned/exchanged, post-delivery). In case of return of the purchased item, please refer to the ‘Return Policy’ on our website or write to Contact Us.
25. Orders may be split into separate shipments depending upon the products ordered for, despite the customer having made one single consolidated payment against one order ID. Separate shipments, after being split, shall have separate expected delivery period.
26. fabricsandcolours.com reserves the right, in its sole discretion, to disqualify any customer that tampers or attempts to tamper with the deals/ offers or violates these ‘Terms and Conditions’ or acts in a disruptive manner.
27. If fabricsandcolours.com has suspicion or knowledge, that any customer has been involved in any fraudulent or illegal activity directly or indirectly and/or is using the platform to order products not for his/her direct usage , then fabricsandcolours.com reserves the right to disqualify that customer and any related customer.
28. fabricsandcolours.com shall not be responsible if some purchase is not registered or is lost due to any network problems such as breakdown of machinery, unclear/ disruption in the network or non-receipt of payment from banks/payment gateways and/or the cost(s) charged by the network operator(s). Any dispute in connection to the same shall be settled between the end customer and the network operator without involving fabricsandcolours.com.
29. fabricsandcolours.com shall not be liable for any loss or damage due to Act of God, Governmental actions, force majeure circumstances, or any other reason beyond its control, and shall not be liable to pay any monetary compensation or otherwise for the same.
30. You hereby agree to indemnify and keep fabricsandcolours.com harmless against all damages, liabilities, costs, expenses, claims, suits and proceedings (including reasonable attorney’s fee) that may be suffered by fabricsandcolours.com as a consequence of (i) violation of terms of this Policy by You (ii) violation of applicable laws (iii) any action or inaction resulting in willful misconduct or negligence on Your part.
31. fabricsandcolours.com does not hereby warrant that the fabricsandcolours.com call center will run concurrently and error free during and/or after the ‘Offer and fabricsandcolours.com shall not be directly liable for issues related to technical and/or human error whatsoever. However, fabricsandcolours.com shall work towards the best interest of the customer.
32. Alteration Services
The free alteration services are being extended to You by fabricsandcolours.com) on select items and categories solely (“Alteration Services”) for the purchases made by you on the fabricsandcolours.com Platform, i.e. www.fabricsandcolours.com, its m-site and /or mobile application available on android and IOS (hereinafter referred to as “fabricsandcolours.com Platform”), subject to the below terms and conditions:
The Alteration Services shall be offered on select products and categories only, in limited jurisdictions as specified by fabricsandcolours.com. The availability of the Alteration Services shall be clearly specified on the relevant product page on the fabricsandcolours.com Platform.
The said Alteration Services are “ NOT Free of Cost” as of now and You shall be charged any fee for the same.
PLEASE NOTE THAT ANY PRODUCT GIVEN BY YOU FOR ALTERATION SHALL BE NON-RETURNABLE AND NON-REFUNDABLE. PLEASE DO NOT AVAIL THE ALTERATION SERVICES IF YOU WISH TO RETURN THE PRODUCT. ALTERATION SERVICES ARE BEING EXTENDED ON AN “AS IS” BASIS AND MAY BE AVAILED BY YOU AT YOUR SOLE RISK AND EXPENSE..
The Alteration Services are limited to the products purchased by You on the Myntra Platform only. Please do not ask our partner to alter any product purchased from a third party.
There are two possible modes / options available to You for providing your measurements for the Alteration Services:
Doorstep Measurements: In this mode, our alteration partner comes to your doorstep and takes your physical measurements. The products are altered as per the measurements taken by the said alteration partner.
Sample: In this mode, you provide a suitable sample to our alteration partner at your doorstep, at your risk. The products are altered as per the measurements of the sample provided by You, and the sample is returned to You along with the altered product.
fabricsandcolours.com may, in its sole discretion, offer one or both modes to You.
The mode(s) / options (s) available to You for providing the measurements shall be displayed to You on the fabricsandcolours.com Platform at the time of placing the alteration request. In the event both the modes are available to You, You shall be required to choose the appropriate mode at the time of placing the request.
fabricsandcolours.com does not make any warranty with respect to accuracy and correctness of the doorstep measurements or the Alteration Services or the conduct of the alteration partner nor does fabricsandcolours.com make any warranty or representation with respect to quality, wear-ability or correctness of the products altered using the Alteration Services.
The Alteration Services including any ‘doorstep measurements’ taken by our alteration partners and collection of “samples” are being extended to You on an as is and as available basis and being availed by You at Your sole risk and expense, including the sample provided by You.
In the event You are not comfortable with our alteration partners for any reason whatsoever, You may (i) cancel the alteration request on fabricsandcolours.com Platform instantly; or (ii) ask the alteration partner to leave your premises immediately and reach out to our customer care team.
In the event of any visible damage and/or loss of the sample product by our alteration partners, the liability of fabricsandcolours.com shall be limited to refunding the following amounts to You: Maximum Liability of fabricsandcolours.com
*For Jeans: In case of Visible Damage – Rs. 500/-. In case lost by the alteration partner – Rs. 1000/-
*For Trousers: In case of Visible Damage – Rs. 500/-. In case lost by the alteration partner – Rs. 1000/-
*For Kurta / Kurti: In case of Visible Damage – Rs. 300/-. In case lost by the alteration partner – Rs. 600/-
You understand and agree that the samples are being provided to us at your sole risk; and irrespective of the purchase price / maximum retail price of the sample provided by You, the amounts specified above represent the entire and maximum liability of fabricsandcolours.com and Your sole remedy, in case of any visible damage or loss of the sample provided by You. You further understand and agree that the decision of fabricsandcolours.com shall be final and binding in this regard. The amount shall be refunded by fabricsandcolours.com into the bank account provided by You, upon due verification by fabricsandcolours.com, within a period of 3 (three) to 5 (five) business days from the date You provide your bank account details.
In case You are dissatisfied with the Alteration Services or require any clarity on the Alteration Services, please write to our customer care team.
fabricsandcolours.com reserves the right to modify the terms of provisioning of the Alteration Services in its sole discretion and without notice.
33. Cart Notification
You understand that, in the event selected products in your cart is out of the inventory, fabricsandcolours.com provides You an option in your cart to select the product of another seller, You understand that price of the product by another seller may differ.
34. Multiple Sellers
You understand that products of a particular style may be sold on the Platform by multiple sellers and the product price on the listing page of the Platform, may not always reflect the lowest price for that particular style. This is because the seller whose price is displayed on the list page is selected based on the application of a number of parameters and price is only one such parameter. However, once you land on the product display page on the Platform for a specific style, You will have access to the price offered by all sellers on the Platform for the relevant style.
35. Convenience Fee
The Convenience Fee shall be specified on the shopping bag page on the fabricsandcolours.com Platform.
The Convenience Fee shall be charged on the overall order value.
fabricsandcolours.com reserves the right to modify/waive off the Convenience Fee from time to time.
The Convenience Fee shall be quoted in USD . You shall be solely responsible for compliance of all applicable laws for making payments to fabricsandcolours.com
To protect the rights of customers, fabricsandcolours.com reserves the right to collect Convenience 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.
36. Grievance Officer
In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:
Mrs. N. Ramphul
Designation : Senior Manager – Strategic Planning and Development
Fabricsandcolours.com , ℅ Iridium Ltd
Les Cocotiers Complex , Royal Road , Flic en Flac , Mauritius
Contact us: email@example.com
Phone: +230 5820 9000
Time: Mon – Sat (08:00 – 18:00).
2. Payment Policy
For deliveries outside Mauritius :
- – Your shipment could be subject to Customs Duty Charge / Import Duty / VAT / Other applicable government taxes on arrival in the destination country.
- – Check the tentative Customs Duty Charge / Import Duty / VAT / other applicable government taxes here.
- – These charges will have to be paid by the consignee. The brand is not liable to pay them under any circumstances.
- – The shipping charges mentioned in the total order value does not include these charges.
- – If the consignee refuses to pay the liable shipment custom charges upon its arrival in the destination country the brand will deduct complete shipping and return duty charges from the consignees order value while processing the refund.
3. Products and Services for Personal Use
The products and services described on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, that you receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
4. Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.
5. Intellectual Property
All information and content available on the Site and its “look and feel”, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of fabricsandcolours.com, our affiliates, partners or licensors, and is protected by Mauritius and international laws governing all applicable forms of intellectual property. Except as set forth in the limited licenses in Section 6, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
6. Limited Licenses
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other “hidden text” utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site.
We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 5 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
7. Your Obligations and Responsibilities
In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Biotique India Online, our affiliates, partners or licensors.
8. Third Party Links
We are not responsible for the content of any off-Site pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Site pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
11. User Content
When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Site, you are entirely responsible for such User Content. Such User Content constitutes a Submission under Section 10above. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Site. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.” You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.
We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
12. Copyright Complaints
We respect the intellectual property of others. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail at firstname.lastname@example.org providing the following: (i) identification of the copyrighted work(s) that you claim has been infringed and that you are the copyright owner or authorized to act on the copyright owner’s behalf; (ii) a description of the material that you claim is infringing and the location of the material on the Site; (iii) your address, telephone number and email address.
NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING BIOTIQUE THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP BY EMAIL TO email@example.com.
13. Representations and Warranties; Limitation of Liability
The fabricsandcolours.com website is presented “As Is.” We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise, under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the website; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control.
Kaberi Derma Cosmetics personal care products are based on natural and Ayurvedic formulations. Though enormous efforts are made and precautions taken to render the products absolutely safe for human use, it is possible that certain ingredients may cause allergic reactions to certain individuals or adversely affect individuals with pre-existing medical conditions. Please make yourself aware of the ingredients and usage instructions accompanying each of our products to make sure that they are safe for you to use. It will be your sole responsibility to take proper precaution/ professional medical/ dermatological advice before using any of our personal care products that you may be allergic to. You agree that neither Kaberi Derma Cosmetics nor Fabrics and Colours will not be responsible or liable for any product related issues, including without limitation any allergic reactions to you on account of usage of our products. For any purchases made through Fabricsandcolours.com, you will inter alia be governed by the limitation of liability and disclaimer conditions provided in more detail with the product packaging/leaflets.
Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the website or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed Indian Rupees 2000 only.
You agree that no claims or action arising out of, or related to, the use of the website or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute regarding the website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Mauritius and the courts of Mauritius, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Mauritius, subject to foreign legal mandatory provisions. To the fullest extent permitted by applicable law, any dispute, differences or claim arising out your visit to the fabricsandcolours.com Online website shall be referred to the sole Arbitrator appointed by the Chairman and Managing Director of Fabrics and Colours in accordance with the law. The venue of such arbitration shall be at New Delhi, India and the award of the Arbitrator shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.
To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the website shall be submitted to an appropriate court or other judicial body in Mauritius, as applicable, without prejudice to the applicable law and all applicable provisions of this Section, and subject to our right to seek injunctive or other appropriate relief in any court, if you have in any manner violated or threatened to violate our intellectual property rights and you consent to exclusive jurisdiction and venue in such courts.
16. Consent to Receive Notices Electronically by Posting on the Site and Via Email
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically, including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at support@Biotique.com and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in Section 5 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, please email us at firstname.lastname@example.org.