the quality, safety, usability, or other aspect of a product or service that is supplied by a Merchant and/for some services or activities that involve potential bodily harm. The End User (You) takes responsibility for his/her actions in utilizing those Products/Services.
2. Description of Services
Through this Site, we (the Company) provides users with access to Jewellery accessories for purchase at the price mentioned on the site.
3. Membership Eligibility
The use of the Site is only available to persons who can form legally binding contracts under the Indian Contract Act, 1872. Those who are ‘ unable or incompetent to contract’ within this act, including minors, un-discharged insolvents etc. are not eligible to use the Site. Minors, i.e. those below the age of 18 years cannot register as a member of the Site; cannot sell, purchase or bid for any items on the Site. If as a Minor, you chose to purchase, bid or sell an item on the Site, such a transaction can only be made by your legal guardian or parent, who is a registered user on the Site. If it is brought to our notice that you are carrying forward transactions while being below the age of 18, we have the right to terminate your membership and disband your access to the Site.
4. Your Account
With your use of the Site, you accept that you are of legal age to enter a binding contract and are not a person barred from receiving services under the laws as applicable in India. Also, you agree to provide true, accurate, current and complete information about yourself as required in the Site registration form. If you provide any information that is untrue, inaccurate, not current or incomplete – or becomes untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete – we have the right to suspend or terminate your account and refuse any and all current or future use of the Site.
By using the Site, you are responsible for maintaining the confidentiality of your account and password including scenarios where it is being used by any of your family members, friends or relatives, whether a minor or adult. Furthermore, you agree to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account, whether by any family member, friend, relative, any third party or otherwise shall not be entertained by the Company. As a note of Caution, we strongly recommend that you exit from your account at the end of each session. For any unauthorized use of your account or any form of breach of security, you agree to notify us immediately. We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.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 and disbandment for future use.
5. Your Information (or any items listed)
Any information provided to us or to any users of this Site through the registration process, in the form of feedback, bulletin board, chat services etc. or through any email feature is defined as “Your Information”. You are solely responsible for Your Information and in accordance with certain features of the Site we may only act as a passive conduit for your online distribution and publication of Your Information.
As a user, You shall not publish, upload, host, display, modify, transmit, update or share any information or item that:-
Belongs to another person and to which you have no right to
- Is harmful, gross, harassing, blasphemous, defamatory, obscene, pornographic, invasive of others privacy, hateful, discriminatory, racially disgraceful, unethically objectionable, relating to the encouragement of money laundering or gambling, and/or in any way unlawful in manner.
- Harmful to minors in any way
- Causes infringement of any patented, trademarked, copyright or any other propriety rights.
- Violates the law in force for the time being
- Deceives or misleads the addressee or Users about the origin of such texts or
communicates information that is grossly offensive or menacing in nature.
- Impersonates another person.
- Transmits or contains any viruses, programs, files or computer code created to interrupt,destroy or cause harm to the functionality of any other computer source. - Threatens the peace, unity, integrity, defence, security and sovereignty of India and its friendly relations with foreign states, countries or the public order of things; or causes incitement to the any cognizable offense or prevents the investigation of any offense.
- Causes liability to us, the Company causing us to lose, in whole or in part, the services of our ISPs or other suppliers.
While this Site may provide Users with the ability to send email messages to other Users and non-Users and post text on the Site, the Company has no obligation to review these messages, in terms of information and content (in the form of “Postings”) and takes no responsibility or liability towards to relating to these Postings. However, notwithstanding the above, We (the Company) may periodically monitor these Postings, and even decline, edit or delete any such Postings or emails that violate the provisions of the above mentioned Clause.
Any equipment required for the use of the Site such as hardware, computers, laptops, smartphones, telephones and all charges related to it, in terms of obtaining it and maintaining it, is the responsibility of the User. The Company shall in no way be held liable for any damages to the equipment resulting from the use of the Site.
While we make every effort in displaying products as accurately as possible on our site in terms of size, shape and color, we however, cannot ensure that the color displayed on your device will be completely accurate, as the display features of different devices vary.
8. Electronic Communications
While using the Site, You agree and accept that all communication made to us via emails or other data is performed through electronic records, and that we have your consent for you to also receive communication from us via those same electronic records, periodically or as when is required. Our mode of communication will be via email or by any electronic device on our Site that we deem reliable and adequate.
9. License and Site Access
As a User, we grant you limited access to this Site only for personal use of its products and services. This license does not give you the permission to include any of the following activities:
- Downloading or copying any account information for personal vested interest of another vendor or another third party.
- Caching or posting any unauthorized hyperlinks or text to the Site.
- Framing or making available any content through Site uploading, transmitting or posting that you do not have the right to, in terms of the intellectual property of another party.
- Uploading, posting or transmitting any material that contains any software viruses or computer codes or programs designed to compromise of destroy the functionality of any hardware equipment or program.
- Any action that can impose a large load on our infrastructure.
- Any information extraction tools for malicious purposes.
No action taken by You can bypass the measures taken by us to prevent or restrict access to the Site. Thus, any insolvent or unauthorized activity performed by you will result in the indefinite termination of your license granted to you by us.
Third parties on this Site may provide links to the other websites or resources, while we have no authority or control over these external sites or resources, or even their availability, we take no responsibility for any endorsements, content, advertising or products available on these such Sites and recourses. Furthermore, we cannot be held responsible or liable directly or indirectly, for any damage or loss caused from the use of these external Sites and resources.You need to make an independent judgment on your part while interacting with these Sites.
11. Pricing Information in case of sale by us
As we strive to provide you with the best prices for the products and/or services listed by us, we cannot ensure that the price stated will be the lowest in the city, region or geography for that particular product or service. Prices and availability of such products and services are subject to change without prior notice. The prices mentioned are not determined by comparison to similar products or services listed through any offline or online sale. The pricing is hence determined through our pricing policy at our sole discretion.
While we do our best to give you accurate pricing information for each and every of our products, pricing or typography errors may occur. In a case where a product price is incorrectly listed, we may at our own discretion either contact you for further instructions or cancel your order. You will be notified regardless of which alternate we choose. Such notifications will be communicated to via email or telephonic calls.
At the time of accepting your order, the product price amount will be debited from your account through the use of your debit/credit card. This payment will be made at the time of placing the order,i.e. prior to dispatch. If we have to cancel your order after the payment is processed, a reverse payment of the product amount will be credited back to your chosen bank account. No refunds are made on orders that are made under the Cash on Delivery (COD) option.
12. Cancellation by Us
Cancellations of orders may occur on our behalf for any reason, such as inaccuracies or errors in the products or the pricing or defects in the quality of the product. Some cases may occur where there will be limitations on the quantities available for purchase, and cases where additional verification may be needed before accepting the order. Thus, under these circumstances we reserve the right to refuse or cancel any order at our sole discretion.
For any reason of cancellations in either full or partial of your order, you will be contacted. If your ordered is cancelled post processing your credit/debit card charge, a reverse payment of that product will be made back into your account.
13. Cancellations by the User
For cancellations made by you, we reserve the right to accept or reject cancellation requests. As part of the protocol, an order can only be cancelled within 24 hours of making the order on the Site.
Following this, once your cancellation is approved, your order amount will be refunded back to your bank account. Orders that have already been processed or orders requested for cancellation made beyond 24 (Twenty-Four hours) from making the order, cannot be cancelled. We have the full right to decide whether an order has been processed or not. The User agrees not to dispute the decision made by us and accepts our decision regarding the cancellation.
14. Fraudulent /Declined Transactions
15. Credit Card Details
Moreover, we 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.
16. Disclaimer of Warranty
All the content, products and services on the site, or obtained for another website to which this Site is linked (Linked Site) are provided to you ‘as is’ without warranty of any kind, either expressed or implied including, but not limited to, the implied warranties of merchantability and fitness for a articular purpose, title, non infringement, security or accuracy. All warranties, if any, relating to the product and or services would be provided by the manufacturer/supplier of the products, and not by us. Any claim for such a warranty should be raised against the respective manufacturer and not against us. We don not endorse and are not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the sight that is not made by us, (b) any content provided on linked sites, (c) the capabilities or reliability of any product or service obtained from a linked site. Under the applicable consumer protection law, in no circumstances can we be held liable for any loss or damage caused by a User’s reliance on information obtained through the site or a linked site, or the User’s reliance on any product or service obtained from the 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 that obtained from a linked site. With due diligence, please seek the advice of professionals, regarding the evaluation of any specific opinion, advice, product, service or for any other content, as appropriate.
17. Limitation of Liability
You expressly understand and agree that the Company and its subsidiaries, affiliates, officers, employees, agents, shareholders 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, opportunity, goodwill, use of data, or any other intangible losses (even if the company has been advised of the possibility of such damages) that results from the use of the site, the sale and supply of goods content or any other related/unrelated services offered on this site from time to time.
To the fullest extent, as a User, you shall indemnify and be harmless to the Company, its subsidiaries and affiliates, and their respective officers, directors, shareholders, agents and employees from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed, which arises due to your breech of this Agreement, or your violation of any law, rules or regulations or the rights of a third party, through the documents it incorporates by reference.
Our products are priced inclusive of the GST, where in the GST charged depends upon the destination where the order has to be shipped. The tax rate applied to the order will be a combination of the tax rate for both state and local tax rates in accordance with the address where the order is being shipped. Where shipping charges are applicable, we reserve the right to collect taxes.
20. Duration of Sale
Each sale can last from 24 to 72 hours to any specific period of time as decided by the Company and the time of the start of the sale, which is 11:00 hours IST. Therefore, if a User should log in earlier if he/she wishes to avail the products or styles or better pricing found during the sale. No products can be kept reserved as items during the sale are sold on a ‘first come, first served’ basis. Also, the merchandise once sold out in the sale, is not restocked. Information of any given product regarding its presence, availability or restocking is given to any User, and that You will only be alerted when an item is sold out.
While we strive, we cannot ensure the delivery of our products to Users within 3-4 weeks from the day of the end of the sale, depending on the shipping location. As we work with different types of suppliers (Manufacturers, designers, distributors, importers etc.) the delivery time to the User is subject to the delivery of the products to us. Other causes of delay could be caused by other factors such as delay in the courier partner, transporters strike, public holidays etc. We prefer and reserve the right to deliver large orders in installments, where in the goods delivered, making each delivery a separate contract. You may not treat the contract (as a whole) as repudiated if we fail to deliver anyone or more of the installments, or if you have a claim in respect to any one or more of the instalments. If you fail to take the delivery of the order, we can at our discretion charge you for additional shipping cost borne.
We insure each purchase from the time it is in transit till it is delivered to you, at your specified delivery destination. At the time of delivery, we require a signature for the goods, at which point the responsibility for the purchased goods transfers to you. If you have specified a third party recipient for delivery purposes, such as in the case of gifts, then you accept that the signature given by them acts as evidence of the delivery fulfillment by us, followed by the transfer of responsibility to them. We aim to dispatch all orders within 24 to 48 hours of placement during sale periods. Estimated delivery times found on the Websites is used to guide only to give you on the expectancy date of delivery of your order, based on its commencement from the date of dispatch. We are not responsible or liable for any delays caused by third party delivery agencies and/or due to time required for statutory clearances during the delivery process. Further, we may at times be unable to deliver the confirmed order(s) to you and the reason for the same could be inclusive of but not limited to the following:
- Unavailability of the relevant product.
- Failure of the concerned manufacturer/supplier/designer/importer to deliver relevant product to us.
- Poor/improper/defective quality of the relevant product ascertained through our quality audit process.
- Inaccuracies or errors in product or pricing information. In the event of any circumstance(s) as aforementioned; you shall not be entitled to any damages or monetary compensation.
In the event we are unable to deliver the confirmed orders as mentioned above and the payment for such orders has been made by you through your credit/debit card, the amount paid by you while placing the orders on the Site will be reversed back in your card account. No refunds shall be applicable on the orders made by the Users under the Cash on Delivery (COD’) option.
All the trademarks, logos and service marks (henceforth referred to as ‘Marks’) displayed on this Site, are our property and/or the property of the company. All information and content, which includes any software programs, written text, editorials, images etc. (‘Content’) is protected by copyright. Users or visitors of this Site are prohibited from using, modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works from this content, for commercial, public or any purposes without our prior written permission or from any third party which may own these Marks.
The copyright material found on this site which includes trademarks, proprietary information consisting of but not limited to, text, software, photos, video, graphics, music, sound etc. is considered as the entire contents of the Company, is protected by copyright as a collective work under the applicable copyright laws. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users are allowed to download/print/save copyrighted material for the User's personal use only. Except as mentioned under the copyright law, no use of this material for commercial, offensive or derivative interests is permitted.
In a case where the copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice can be made, and that the User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material.
Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with the Company shall not be deemed to be in the public domain but rather the exclusive property of the Company, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of the Company, unless otherwise stated.
No provision within this Agreement in any way deems You to constitute a partnership or agency between You and the Company and that you have to right or authority to bind the Company in any manner. Except as explicitly mentioned otherwise, where any notices will be given by postal mail to
F-1/5,Okhla Phase 1, New Delhi-110020 or to the email address you provide to us during the registration process (in your case).
Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If anyone clause of this Agreement is deemed or shall be deemed invalid, void or for any reason unenforceable, this clause shall be deemed severable without affecting the validity of the remaining clauses bound within the Agreement.
This Agreement depicts the entire understanding and agreement between you and us with respect to the subject matter hereof. In the Company’s sole discretion, it may transfer its rights and obligations (under this Agreement) without your prior express consent.
The Company has the right to terminate this Agreement at any time. Without limiting the forgoing, the Company reserves the right to terminate any passwords or accounts of the User, based on the conduct or breach of the Agreement or any event which the Company in its sole discretion, considers unacceptable.
Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement.
25. Governing Law
26. Coupon/Gift Cards Promotion Terms & Conditions
- Coupons or Gift Cards can be redeemed against a defined purchase amount.
- Coupons or Gift Cards are valid only for a predefined or stipulated amount of time.
- Coupons or Gift Cards can be redeemed multiple times against, in installments based on a defined purchase amount.
- Coupon or Gift Card codes or offers cannot be clubbed with existing, running or exclusive offers found on the website.
- In the case of a dispute, EMG Fashions Pvt. Ltd. Or the Company’s liability is limited or restricted to the coupon code amount or the actual purchase amount made on the website.
- Laws of India shall govern the Agreement. The Courts of law at Delhi/New Delhi shall have exclusive jurisdiction over any disputes arising under this agreement.
- www.gossbabe.com has the right to withdraw, amend or change any offer at any point without any prior notice.
27. Cash Back
- Cash backs will be given in the form of store credits into your GossBabe wallet incase the order is not shipped.
- Cashback implies that no cash, bank, credit or debit card refund will be offered.
- Cash backs are given in cases of delayed orders only.
- In a case of cancellation of orders by the User, a Cash Back will not be applicable.
- The Cash Back amount differs from product to product, depending on the price of that product.
- The Company has the right to amend, change or withdraw any offers relating to Cash Back at any time without prior notice.
- Any custom order or custom request will not be a part of this promotion.
- Number of days will be calculated from the date of payment received.
- Saturday, Sunday, Holidays/National Holidays will not be included in the working days.
28. Feedback from the User
Any feedback provided by you on the site shall be deemed to be non-confidential and can be used by us on an unrestricted basis.
29. Ownership of Site
You shall be responsible for payment of all taxes associated with the purchase of products from us and you agree to bear any all applicable taxes GST, fee and cesses etc. if any as per the current GST Laws and Rules