The terms "buyer", "you", "user" and "customer" have been used interchangeably in the foregoing paragraphs to refer to a user of Zaarga.com. Similarly, the terms "Website", "Zaarga" and "Zaarga.com" are used to connote the online portal of Zaarga.com and the words "product", "goods" and "merchandise" have been used to refer to merchandise/goods/products showcased on the Website.
Note: All products/services and information displayed on Zaarga.com constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the TOS as listed below. Zaarga.com reserves the right to accept or reject your offer. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of Zaarga.com prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer.
In the Site, Zaarga provides users with access to sales of home and lifestyle accessories/products online (the "Service"). Members may be notified about updates in relation to Products via Email and/or SMS on their registered Email id and Phone number.
Zaarga grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Zaarga's sole discretion) an unreasonable or disproportionately large load on Zaarga's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Zaarga to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by Zaarga.
The Zaarga.com Service is not available to minors under the age of 18 or to any users suspended or removed from the system by Zaarga for any reason. Additionally, users are prohibited from selling, trading, or otherwise transferring your Zaarga.com account to another party. If you do not qualify, you may not use the Zaarga.com Service or the Site.
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Zaarga has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Zaarga has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Zaarga immediately of any unauthorized use of your account or any other breach of security. Zaarga reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
Zaarga in collaboration with their Suppliers strives to provide you with the best prices possible on products you buy from Zaarga. Zaarga does not however guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice.
The modes of payment available at any given time shall be as indicated on the Website and the forgoing clauses shall be accordingly applicable.
While Zaarga shall make every endeavour to provide accurate product and pricing information, please note that Zaarga gives no guarantee on the accuracy of its pricing information as typographical or other errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Zaarga may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. In the event that Zaarga accepts your order the same shall be processed in accordance with the mode of payment chosen by you. Reversal/refunds of amounts paid by you in the event of cancellation shall be as described in Clause 6 below
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our payment gateway's credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled:
(a) after your credit card has been charged, the said amount will be reversed back to your credit card account;
(b) after your cheque is received, Zaarga will not deposit the said cheque or further process the payment;
(c) after the purchase but before delivery in the case of payment by cash on delivery, then Zaarga will refrain from processing the concerned purchase further, and the concerned product will not be delivered to you.
We will not be able to cancel orders that have already been processed. Zaarga has full discretion in deciding whether an order has been processed or not. The customer agrees not to dispute the decision made by Zaarga and accept Zaarga's decision regarding the cancellation.
Zaarga has the right to constantly monitor user accounts in order to avoid fraudulent accounts and transactions. Zaarga reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these Terms of Service. In the event of detection of any fraudulent transaction, prior to initiation of legal action, Zaarga reserves the right to immediately delete such account and dishonor all past and pending orders without any liability. For the purpose of this clause, Zaarga shall owe no liability in respect of any purported refunds due.
You agree, understand and confirm that the credit card details provided by you to the payment gateway for availing of services on Zaarga will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. That is, in a credit card transaction, you shall use your own credit card. You further agree and undertake to provide the correct and valid credit card details to the payment gateway. Further the said information will not be utilized and shared by Zaarga with any of the third parties unless required for fraud verifications or if required by law, regulation or court order. Zaarga will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
Zaarga does not claim ownership of any materials Sellers make available through the Site, but reserves the right to integrate such materials or its modification in its provision of services. At Zaarga's sole discretion, such materials may be included in the Service in whole or in part or in a modified form.
All content, products, and services on the site, or obtained from a website to which the site is linked (a "linked site") are provided to you "as is" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
Zaarga does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the site by any party other than Zaarga, (b) any content provided on linked sites or (c) the capabilities or reliability of any product or service obtained from a linked site.
Other than as required under applicable consumer protection law, under no circumstance will Zaarga be liable for any loss or damage caused by a user's reliance on information obtained through the site or a linked site, or user's reliance on any product or service obtained from a linked site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
Zaarga will not be liable for short delivery or defective Goods unless a claim is notified by you in writing within 24 hours of delivery in accordance with Clause 20 hereunder. The notification must include the invoice number, delivery note number and details of the claim. Zaarga will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under these Terms of Service by reason of any event or circumstance outside the reasonable control of Zaarga, including but not limited to, any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
You expressly understand and agree that Zaarga and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Zaarga has been advised of the possibility of such damages), resulting from use of the site, sale and supply of goods content or any related services.
This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Agreement.
You agree to indemnify and hold Zaarga (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, or arising out of or related to your breach of this TOS, or your violation of any law or the rights of a third party.
When you use the Site or send emails to Zaarga, you are communicating with Zaarga electronically. You consent to receive communications from Zaarga electronically. Zaarga will communicate with you by email, SMS or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Site or third parties may provide links to other World Wide Web sites or resources. Because Zaarga has no control over such sites and resources, you acknowledge and agree that Zaarga is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Zaarga shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Zaarga and other respective persons. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Zaarga or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
The price of our merchandise is inclusive of the VAT. The VAT charged shall depend upon location of the respective Seller from which a product is purchased and product category. The tax rate applied to the order will be the combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. Zaarga reserves the right to collect taxes for shipping charges wherever applicable.
For the purpose of return and refunds Zaarga must receive the merchandise within 7 days from the date it was shipped to you. Items must be unused, unworn, unwashed and undamaged by you. Goods will be considered returned only if they are returned in their original packaging, including but not limited to: hangers, poly bags, hang tags on garments, boxes, dust bags, eye glass cases and gift boxes wherever applicable. No returns, refunds will be accepted on 'made to order' products as these items are for final sale only. Note that, in accordance with Clause 12 above, no return - request will be entertained by Zaarga unless a claim is notified by you in writing within 24 hours of delivery.
Goods once sold can be exchanged for a refund or store credit if they meet our terms and conditions. In case of store credit, the amount paid by you can be used by you whenever you shop with us next time. To return an item, the customer must write to us at email@example.com, a prompt response is assured to such mails. The option to return will be allowed to you at the sole discretion of Zaarga, and such requests may only be considered in the following cases:.
(a) In the event that the product received by you is a different product from that which was depicted and described on the Website. The difference must be substantial and markedly noticeable in nature. In the event of a minor variation in the product to be shipped to you such variation will be communicated to you, and post your acceptance of the same, the product will be shipped. In the event that such minor variation is not accepted by you then the order will be cancelled and the procedure for reversal of the order shall be as contemplated in Clause 6 above.
(b) In the event that the item is damaged in transit. In such case, you are to inform Zaarga within 24 hours of receipt of the product and at your own cost re-ship the product to Zaarga within 1 week so as to avail of the option of return/refund.
Note that the amount you will receive as refund or store credit shall be the price paid by you for the Product itself. The said amount may or may not include a reimbursement of your cost of shipping the Product back to Zaarga at the sole discretion of Zaarga.
Note also that the abovementioned store credit facility is yet to be implemented. Once implemented on the Website, information of the same will be broadcast on the Website and notification of the same will be sent to you be email.
(For the purpose of this clause account credit means credit issued to your account for the entire purchase amount less the shipping costs. Your account credit can be used towards your next purchase with Zaarga.)
Zaarga endeavours but does not guarantee to deliver the products to customers within 8 to 10 business days for "Ready to Ship" and as specified by the Supplier in case of "Made to Order" products, from the date of placing your order depending upon the shipping location. Zaarga works with different type of suppliers (Manufacturers, distributors, importers etc.) and the delivery time to customers is subject to delivery of products from supplier to you. Other factors include delay in delivery through the courier partner, transporters' strike etc. Zaarga will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the goods howsoever caused.
Zaarga reserves the right to make delivery of the goods by installments. If the goods are to be delivered in installments, each delivery will constitute a separate contract. You may not treat the contract (as a whole) as repudiated if Zaarga fails to deliver any one or more of the instalments or if you have a claim in respect of any one or more of the installments.
In respect of made to order products, despite the fact that every endeavour will be made to deliver the concerned product within the relevant timelines, due to the creative constraints of the artist/designer/manufacturer concerned, there is a possibility of delayed delivery of the concerned product. By accepting these Terms of Service you agree that you are aware of and acknowledge this fact and have no objections thereto.
If you fail to take delivery of the goods, Zaarga may at its discretion charge you for the additional shipping cost.
Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Zaarga may, from time to time, offer special promotional offers which may or may not apply to your Zaarga account. To avail of such promotional offers, you agree to be bound by any additional terms and conditions for these special offers which are laid down by Zaarga, and which will be made available for your perusal at the relevant time.