TERMS AND CONDITION
The Terms and Conditions contained here in along form an Agreement regulating our relationship with regard to the use of " VinHem Fashion " by you.
Please read this Agreement carefully. You are advised to regularly check for any amendments or updates to the terms and conditions from time to time. VinHem Fashion may add to or change or update these Terms of Use, from time to time entirely at the its own discretion. You are responsible for checking these Terms of Use periodically to remain in compliance with these terms. Your use of a Site after any amendment to the Terms of Use shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions.
Any clause of terms and conditions if deemed invalid, void or for any reason unenforceable, shall be deemed severable and shall not affect the validity and enforce ability of the remaining clauses of the terms and conditions.
Definitions:
"Agreement" means the Terms and Conditions (T&C) contained herein under the VinHem Fashion brandname. It will also include references to this Agreement as and when amended,notated, supplemented, varied or replaced.
"Site" means the "VINHEM FASHION"owned and operated by VinHem fashion, which provides a venue to the users of VinHemFashion.com to buy the products listed / displayed at Vinhem Fashion.com
"Affiliate" being a corporate entity, means any entity, which controls, is controlled by, or is under the common control of the Company and being an individual, means any entity, which is controlled by the Company.
"User/You" means and includes anyCustomer / Buyer / You (the person or any legal entity) who accept the offerfor sale by Vinhem Fashion.com by placing its order on this Site.
"Product’s" denotes the goods,services promoted / displayed on the Site and offered for any use / sale.
Online Purchases
This Website is only a venue where Users may meet and interact with us for their sale and purchase transactions.The commercial / contractual terms include without limitation price, shipping costs, date, period, mode of delivery, warranties related to products and services including after sales services related to products and services, etc.,over which the we have complete control and the same may be subject to change.
The agreement between you and VinHemFashion.com is subject to the following terms and conditions :-
1. The User certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian.
2 These terms and conditions supersede all previous representations,understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of VinHem Fashion.com you agree to bebound by the Terms and Conditions.
3. All prices, unless indicated otherwise are in Indian Rupees
4. By indicating User’s acceptance to purchase any product or service offered on the site, user is obligated to complete such transactions. Users shall prohibit from indicating its acceptance to purchase products and services where it does not intend to complete such transactions.
5. Any order placed for a product that is listed at an incorrect price may be cancelled. This shall be regardless of whether the order has been confirmed and/or payment levied. In the event the payment has been processed, the same shall be credited to your account and duly notified to you by email.
6. In a credit card transaction, you must use your own credit card. VinHemFashion.com will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to ’prove otherwise’ shall be exclusively on the user.
7. In the event that a non-delivery occurs on account of a mistake by you (i.e.wrong name or address) any extra cost towards re-delivery shall be claimed from the User placing the order
8. Payment gateway takes 24-48 hrs. to confirm the payment to check for fraudulent transactions. Shipment/delivery time of order processing starts from the day of receipt of the payment confirmed against the order placed with VinHem Fashion.com. Usually all orders are processed and shipped within 21 working days,once payment is confirmed.However, certain categories of products have different lead-times for delivery due to the nature of the product. Do check the delivery timelines for each product while ordering. VinHem Fashion.com shall not be liable for any delay /non-delivery of purchased goods in the event of flood, fire, wars, acts of Godor any cause that is beyond the control of VinHem Fashion.com
9. The Products shall be subject to manufacturer’s terms and conditions for warranty, service and maintenance, and Company does not accept any responsibility for the same. The Company also does not accept any responsibility for the usage of the Products by the User.
10. VinHem Fashion.com shall have no liabilityfor the fabrics colours. Colour as shown in the photograph of the garment may vary from the actual colour of the garment as the process of photography and digital processing involves a lot of transitions and changes. All the international payments except credit/charge card should be done in US $. Bank rate will be applicable at the time of placing the order. Custom duties or any other duties levied on the garments in the importing country are to be borne by the buyers abroad.
11. The User agrees to use the services provided by VinHem Fashion.com, itsaffiliates, consultants and contracted companies, for lawful purposes only.Company may assign any or all of its rights under these Terms to its Affiliates without consent of the User.
12. Any attempt by a User to deliberately damage the Site or undermine the legitimate operation of the Site is in violation of Criminal and Civil Laws and should such an attempt be made, Company reserves the right to seek damages/injunction from any such User to the fullest extent permitted by law.
13. The User agrees to provide authentic and true information. VinHem Fashion.com reserves the right to confirm and validate the information and other detailsprovided by the User at any point of time. If upon confirmation such Userdetails are found not to be true (wholly or partly), VinHem Fashion.com has theright in its sole discretion to reject the registration and debar the User fromusing the Services available at this website, and / or other affiliated websites without prior intimation whats oever.
14. Partial delivery of product needs to be reported within 2 days of receipt ofthe product.
15. In the event of non-delivery of the products to the customers, VinHem Fashion’s liability shall be limited only to the refund of the exact amount paid by the customer for the purchase of the product.
16. VinHem Fashion’s liability to any claims will only be up to and limited to the cost of the product units in question.
17. 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 canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our 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 canceled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account or will be paid through cheque.
18. In case we receive a cancellation notice and the order has not been processed/approved by us, we shall cancel the order and refund the entire amount. We will not be able to cancel orders that have already been processed and shipped out by us.The customer agrees not to dispute the decision made by us and accept our decision regarding the cancellation.
19. This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Kolkata shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Vinhem Fashion and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Kolkata. The High Court of judicature at Kolkata alone shall have the jurisdiction and the Laws of India shall apply
20. VinHem Fashion.com expressly reserve all intellectual property rights in alltext, programs, products, processes, technology, content and other materials, whichappear on this Site. Access to this Site does not confer and shall not beconsidered as conferring upon anyone any license under any of VinhemFashion.com or any third party’s intellectual property rights. All rights,including copyright, in this website are owned by or licensed to VinHemFashion.com Any use of this website or its contents, including copying orstoring it or them in whole or part, other than for your own personal,non-commercial use is prohibited without the permission of VinHem Fashion.comYou may not modify, distribute or re-post anything on this website for anypurpose.
21. The VinHem Fashion.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of VinHemFashion.com All other marks are the property of the companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
22. All materials, including images, text, illustrations, designs, icons,photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the"Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish,transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site isthe property of VinHem Fashion.com and its technology partners and protected byIndian and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display,or performance, of the Contents on this Site is strictly prohibited. Unlessotherwise noted, all Contents are copyrights, trademarks, trade dress and/orother intellectual property owned, controlled or licensed by Vinhem Fashion.com
23. You understand that by using this Site or any services provided on the Site,you may encounter Content that may be deemed by some to be offensive, indecent,or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, VinHem Fashion.com shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
24. You agree to defend, indemnify and hold harmless VinHem Fashion.com, itsemployees, founders, directors, officers, agents and their successors and assignsfrom and against any and all claims, liabilities, damages, losses, costs andexpenses, including attorney’s fees, caused by or arising out of claims basedupon your actions or inactions, which may result in any loss or liability to VinHemFashion.com but not limited to breach of any warranties, representations orundertakings or in relation to the non-fulfillment of any of your obligationsunder this User Agreement or arising out of the your violation of anyapplicable laws, regulations including but not limited to Intellectual PropertyRights, payment of statutory dues and taxes, claim of libel, defamation,violation of rights of privacy or publicity, loss of service by othersubscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
25. This User Agreement is effective unless and until terminated by either you or VinHemFashion.com You may terminate this User Agreement at any time, provided thatyou discontinue any further use of this Site. VinHem Fashion.com may terminatethis User Agreement at any time and may do so immediately without notice, andaccordingly deny you access to the Site, Such termination will be without anyliability to VinHem Fashion.com Upon any termination of the User Agreement byeither you or VinHem Fashion.com, you must promptly destroy all materialsdownloaded or otherwise obtained from this Site, as well as all copies of suchmaterials, whether made under the User Agreement or otherwise.
26. All the information regarding the products listed in the company’s website& company’s catalogue are subject to change without prior notice.
27 .Cash On Delivery (COD):
VinHem Fashion.com Cash On Delivery service enables for buyers to pay for their goods on receiving the consignment.The buyers need to make an upfront payment of 10% and the remaining amount, on receiving the goods.
In case of cancellations after the goods are Shipped by us, VinHem Fashion.com will accept the consignment only ifit is not opened or tampered with and would refund the amount after deducting courier charges. VinHem Fashion.com will not be liable to take back the goodsif the package is unwrapped or meddled with.
If by due diligence, we find that a user is misusing the COD service, we might disable the users id or charge a processing fee.
The user agrees to receive unlimited messages with regards to their transaction from VinHem Fashion.com. This clause shall survive till the expiry or termination of this User Agreement.
28. Know More Link:
VinHem Fashion.com may not be able to offer the Cash on Delivery (COD) payment service for a few products and for few locations.
29. Trademark:
The logo / image of VINHEM FASHION on the homepage of the website & other pages and as used in the communication to the User is registered by VinHem Fashion and cannot be used or communicated or distributed without the specific and written permission of VinHem Fashion.