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Terms and Conditions
This document is an electronic record in terms of Information Technology Act, 2000 & Rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of www.outlet.littletagsluxury.com (hereinafter referred to as the “Website”, which expression shall include any successor or replacement website(s)). Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("Terms of Use"). By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms of Use, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms of Use, you must not subscribe to or use our services.
Your use of www.outlet.littletagsluxury.com and all the web-pages, hyper-links, tools and services provided thereunder is governed by the present Terms of Use. The Terms of Use shall come into effect upon each visit or usage of the Website, or upon your registration, or upon you providing any information on the Website. Under the Terms of Use, you are contracting with M/s Sparsh India Couture, a sole proprietorship with its registered office at 2nd Floor, Plot no. 165, F.I.E. Patparganj Industrial Area, East Delhi – 110092, India (hereinafter referred to as "the Firm" which expression unless the context otherwise require shall mean and include its successors, liquidators and assigns).
For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on Website by providing data while registering on the Website as Registered User. The term "Littletags Luxury","We", "Us", "Our" shall mean M/s Sparsh India Couture and its affiliates.
We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Companies Policies including but not limited to Privacy Policy as amended from time to time .
1. Your Account and Registration Obligations:
If You use the Website as a User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by You as a Visitor or user of a third party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or Website has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use, Website has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
As a registered User, these Terms of Use shall be effective and binding upon your 'acceptance'. "Acceptance" shall mean your affirmative action in clicking on the 'check box' and/or on the ‘continue’ button and/or or any affirmative action as provided on the registration page or using or accessing the Website through logging in by Your third party website user ID and password, including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, Twitter or any other social media website as permitted on the Website or generally using the Website in any manner, with or without using Your User ID and Password. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not click on the ‘check box’ or on the ‘continue’ button or any other button and do not seek to obtain access to or otherwise use the Website.
2. Purchase through the Website:
Firm provides a number of Internet-based services through the Website. One such Service enables Users to purchase original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands (collectively, "Products"). The Products can be purchased through the Website through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like Shipping and Delivery Policy, etc. (which is found on the Website and all of which are incorporated here by reference). It is clarified that at the time of creating a return request, users are required to confirm (via a check box click) that the product being returned is unused and has the original tags intact. If the product returned by the user is used, damaged or if the original tags are missing, the User’s return request shall be declined, and the said product shall be re-shipped back to the customer. In the event that the return request is declined, the User shall not be eligible for store credit, and Firm assumes no liability in this regard. Further, in the event that the User fails to accept the receipt of the said re-shipped product, the User shall continue to be not eligible for a store credit, and Firm assumes no liability with respect to the return or refund for the said re-shipped product. In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product. It is further expressly clarified that the Firm does not warrant that Product description or other content on the Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
3. Website/Firm as Intermediary between Buyer and Seller:
The Users (i.e. both Buyers and Sellers) utilize to meet and interact with one another for their transactions on the Website. Firm is not and cannot be a party to or control in any manner any transaction between the Firm’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. Firm 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.
- Firm 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 Website.
- Firm is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Firm cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website.
- At no time shall Firm hold any right, title or interest over the products nor shall Firm have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.
- The Website is only a Website that can be utilized by Users to reach a larger base to buy and sell products or services. The Firm is only providing a Website 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. Firm 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 Website 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 Firm 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 Firm and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Firm cannot take responsibility or control the information provided by other Users which is made available on the Website.
4. Use of the Website:
You agree, undertake and confirm that Your use of the Website shall be strictly governed by the binding principles stated hereinbelow. If the Firm in its sole opinion deems that any of the said principle is breached or threatened to be breached, the Firm shall have all rights as stated hereunder in Termination Clause:
- 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 Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website 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 Website 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 the commission 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:
- 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 Firm/Website
- User with a very high return rate
- Repeated request for monetary compensation for fake/used order
- Firm 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 Firm:
- 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 order paced using a technological glitch/loophole.
- 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 Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
- 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.
- The Content posted does not necessarily reflect Firm/Website views. In no event shall Firm/Website 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 Website. 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.
5. Selling on the Website:
You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties and shall indemnify the Firm/Website to fullest extent possible in law in case any claim, suits, notice, proceedings in initiated for any fashion product of the reseller that is listed on the Website. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the Website. Firm/Website reserves the right to delete such multiple listings of the same product listed by you in various categories. You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to offer for sale on the Website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products. From time to time, you shall be responsible for providing information relating to the items 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 items or services so as to mislead other users in any manner. You shall inform the Firm at the time of listing your product and subsequent to the listing, of all the declarations as required under the Legal Metrology (Packaged Commodities) Rules, 2011 (as amended) and the Legal Metrology Act, 2009 to be displayed on the website and ensure that the declarations on the package of the product are duly complied with and regularly updated, as and when, there is a change therein.
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 Website 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, Firm does not warrant that: Website will be constantly available, or available at all or the information on Website is complete, true, accurate or non-misleading. You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products only for your personal use and not for business purposes. 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 the website. 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. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the Website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with Firm nor shall Firm have any obligations or liabilities in respect of any transactions on the website.
It is further disclaimed that the delivery period/schedule/time made available at the time of purchasing any goods or services is only indicative in nature and may change on account of any reason whatsoever. The Firm does not represent and warrant that the goods purchased will be delivered in the time period provided at the website and the same shall be at the discretion of the Sellers. User agrees and acknowledges that any claims regarding order delivery (including non-receipt/ non- delivery of order or signature verification) shall be notified to Firm within 5 days from the alleged date of delivery of product reflecting on the Website. 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. Firm 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 Firm portal
7. Website as medium for Communication:
The Website is only a venue where users may meet and interact with one another for their transactions. Website is not and cannot be a party to or control in any manner any transaction between two users of the Website. 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 goods and services and after sales services related to goods and services. Website does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers.
8. Indemnity:
You shall indemnify and hold harmless the Firm, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release Firm and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
9. Trademark, Copyright and Restriction:
Website is controlled and operated by Firm and products are sold by respective Sellers. All material on Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website 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 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 services. 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.
10. Limitation of Liability:
In no event shall Firm 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;
- use of intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of any third party;
- 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 Website or Service. Firm shall not be held responsible for non-availability of the Firm during periodic maintenance operations or any unplanned suspension of access to the Firm. The User understands and agrees that any material and/or data downloaded at Firm 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, Firm’s liability shall be limited to an amount equal to:
i. If You are a seller on the Website: an amount of fees, if any, paid by You as seller on the Website for the transaction under dispute;
ii. If You are a buyer: the Firm’s entire liability and your sole and exclusive remedy in any circumstance is limited to exercise its reasonable efforts to enable to You get the refund of the product price from the seller on the Website.
11. Termination:
Firm may suspend or terminate your use of the Firm 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 Firm chooses to terminate them.
- If You or Firm terminates your use of the Website or any Service, Firm may delete any content or other materials relating to your use of the Service and Firm will have no liability to you or any third party for doing so. However, your transactions details may be preserved by the Firm for purposes of tax or regulatory compliance.
- Firm may unilaterally terminate Your account on any event as mentioned in the Terms Of Use. Any credits earned through loyalty or referral program, Firm credit and pending refunds if any will be forfeited in such case. Returns/Refunds for such Users shall be at the sole discretion of the Firm.
- 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 Firm or mislead Firm by sharing multiple address and phone numbers or transacting with malafide intentions then Firm reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.
12. Sale T&C:
- Products sold on sale or on promotional campaigns are not eligible to be returned or exchanged.
- Store credits are not applicable during the sale.
- Any promotional codes or gift vouchers are not applicable during the sale.
13. Jurisdictions of transaction:
For all intents and purposes, upon sale and/or purchase of any goods or service from the Website, it shall be deemed that the same has taken place within the geographical limits of Delhi, India. The present Terms of Use and the transaction taking place on the Website shall be deemed to be covered under all applicable laws as in force in India.
14. Governing Law:
These Terms of Use shall be governed by and constructed in accordance with the laws of India 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 New Delhi, India. The place of jurisdiction shall be exclusively in New Delhi, India.
15. Fee:
Firm may levy a fee for providing access to the Website, and on account of Your usage of the Website, hereinafter referred to as “Website Handling Fee” or “Website Fee” or “Fee”, subject to the Terms of Use and the below terms and conditions:
- The Website Fee shall be specified on the check out page on the Firm Website.
- The Website Fee shall be charged on the overall cart value.
- Firm reserves the right to modify/waive off the Website Fee from time to time.
- The Website Fee fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws for making payments to the Firm.