Terms & Conditions
Terms of Use
Terms of Use
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES, AS DEFINED BELOW:
Introduction
Welcome! The Terms of Use (the “Terms” or the “Agreement”) govern your access to and use of this website operated by Pollux Merchandise Private Limited (referred to as “PolluxCraft” “we,” “our,” “Company” or “us”). These Terms apply to your use of the Site, including your use of any interactive features, widgets, plug-ins, applications, content, downloads and/or other online services that we own and control and that post a link to these Terms (collectively with the Site, the “Services”). By using the Services, you acknowledge and accept the Privacy Policy and consent to the collection and use of your data in accordance with our Privacy Policy.
For the avoidance of doubt, the Terms expressly apply to: (a) your access to and use of the Site; (b) any and all transactions between you and PolluxCraft relating to or arising out of the Site, including for the provision or support of any products or services relating to your relationship with PolluxCraft, and (c) your access to and use of text, pictures, graphics, logos, button items, icons, images, works of authorship and other information and all revisions, modifications, and enhancements thereto contained in the Site.
By accessing and/or using the Services, you agree to be bound by these Terms. In some instances, both these Terms and separate guidelines, rules, or terms of use or sale setting forth additional or different terms and/or conditions will apply to your use of the Services or to a service or product offered via the Services (in each such instance, and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Additionally, certain features and services made available through the Services from time to time may be governed by different terms of use.
Eligibility to use Service
People who can form a binding contract with us may use the service, and in compliance with this agreement and all the state, national and international laws, rules and regulations. Minors, un-discharged insolvents and other such people are not eligible to use the website. Under the age of 18 years, shall not register as a user of the website and shall not transact on or use the website. Using or transacting on the website shall be made by a legal guardian or parents if a minor wish to use the service. The company reserves the right to terminate membership or refuses to provide access to the website if it is discovered that the user is a minor or are otherwise “incompetent to contract”. Do not use the products or service for any illegal or unauthorized purpose or violate any law. Any violation of any of the terms will result in an immediate termination of the services.
The registered users are responsible for maintaining the confidentiality of their user ID and password. The user is solely responsible for the activities that occur under user ID and password. The user hereby agrees to provide accurate, true, current and complete information about him/her on the site. If any information is found untrue, inaccurate, incomplete or not in accordance with the website, the company holds the right to suspend or terminate or block user`s access to the website.
User Content:
The user agree not to engage in any of the prohibited activities stated below: (i) No content may be copying, distributing, modifying, transmitting, encoding, posting, publicly displaying or disclosing any part of the Service in any medium; (ii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (iii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iv) uploading invalid data, viruses, worms, or other software agents through the Service; (v) collecting or harvesting any personally identifiable information, including account names, from the Service; (vi) using the Service for any commercial purposes; (vii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (viii) interfering with the proper wording of the Service; (ix) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (x) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein, or (xi) decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Service.
We may, without prior notice, change the Service, stop providing the Service or features of the Service (to you or generally), or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability to us, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the Service for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
The user agrees not to post content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content; (iv) may constitute or contribute to a crime; (v) contains any information or content that we deem to be unlawful, harmful, abusive, offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to people, libelous, threatening, obscene, pornographic, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information); (vii) contains any information or content that the user does not have a right to make available under any law; or (viii) contains any information or content that is not correct and current. User agrees that any User Content that is posted does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. We reserves the right but is not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions.
PolluxCraft do not guarantee that any content will be made available on the website and the company reserves the right to remove, edit or modify the content, at any time, without prior notice, for any reason or for no reason at all.
Products & Description:
The company do not warrant/authorize or permit any content of the website to be accurate, complete, reliable, current, or error-free and assumes no liability in this regard. Any reliance on the content of this site is at your own risk as it is provided for general information only.
The user/member/shopper hereby release everybody related to the company, directors, employees, labors, contractors, partners, representatives and everybody else from any claim and action of any kind and the company hereby offer a limited, revocable, and non-transferable to use the site and its content only for the purpose of using the service, and not for any commercial use. Any breach shall result in license revocation without prior notice to the user.
The shopper/user shall independently agree upon the manner and terms and conditions of delivery, payment, privacy, return etc. with the company. Wrong pricing, promotions, offers, shipping charges, transit time and availability on any product(s) on the site may be due to any technical issue, typographic error, inaccuracies or omissions. In such a situation, the company may change, edit, correct, update or cancel the order without any prior notice. Also, the prices listed are subject to change without any prior notice.
We try our best to display the products as accurate as possible with their true colors and images but we cannot guarantee the display of any computer used by the customer.
All products listing are subject to change at any time and hence, the company reserves the right to discontinue any product at any time. Also, the company do not guarantee the quality, services, information or any other material purchased stands up to the customer`s expectations.
Order Policy:
Any order is not accepted until the shipping information is sent to the customer. The company reserves the right to accept or decline any order or a part of an order due to any reason. The company may require further information before accepting your order. And if the customer receives lesser quantity or does not receive all the products ordered, the customer will be issued the credit amount through the original mode of payment.
Privacy:
The company cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Identification of the copyrighted work that you claim has been infringed;
Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. That repeat offenders will have the infringing material removed from the system and that we will terminate user’s access to the Service.
The Service And Any Product Or Service You Purchase Through The Service (“Product”) Are Provided On An "As Is" And "As Available" Basis. Use Of The Service Is At Your Own Risk. To The Maximum Extent Permitted By Applicable Law, The Service And The Products Are Provided Without Warranties Of Any kind, Whether Express Or Implied, Including, But Not Limited To, Implied Warranties Of Merchantability, Fitness For A Particular Purpose, Or Non-Infringement.
Intellectual Property Rights:
Unless otherwise indicated, the Website and all materials, including images, designs, video clips, animation, contents etc. written that are part of the Website are intellectual properties owned, controlled or licensed by/to PolluxCraft and are protected by Indian and/or international intellectual property laws. You are not permitted to use the same. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, PolluxCraft owns or has been licensed, as the case may be, all intellectual property rights to and into the trademark "PolluxCraft", and the Website including, without limitation, any and all rights, title and interest in and to trade names, service marks, logos, domain name, copyright, related rights, patents, utility models, designs, know-how, designs, graphics and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. All those intellectual property rights arising as a result of domain names, internet or any other right available under applicable law shall vest solely and exclusively in PolluxCraft and/or PolluxCraft’s affiliate, as the case may be, as the owner of such domain name. You hereby agree and confirm that nothing contained herein shall be construed as conferring or transferring to You any license or right, by implications, estoppels or otherwise, to any intellectual property rights mentioned hereinabove. You shall not use, reproduce or distribute any content from the Website / intellectual property belonging to PolluxCraft and/or its affiliates, as the case may be.
You agree and acknowledge that any infringement of the intellectual property rights will result in legal action against You.
PolluxCraft respects the intellectual property of others, and we ask You to do the same. PolluxCraft has no responsibility for content on other websites linked to the Website that You may find or access. It is PolluxCraft's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of such users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of PolluxCraft and/or others.
Indemnity:
You agree to defend, indemnify, and hold the PolluxCraft harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any PolluxCraft, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your User-Generated Content; (ii) your use of the Services and your activities in connection with the Services; (iii) your breach or alleged breach of these Terms or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Services or your activities in connection with the Services; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) PolluxCraft use of the information that you submit to us (including your User-Generated Content) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by the PolluxCraft in the defense of any Claims and Losses. Notwithstanding the foregoing, the PolluxCraft retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. The PolluxCraft reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of PolluxCraft.
Limitation of Liability:
The company does not guarantee, represent or warrant that the use of our service will be uninterrupted, timely, secure or error-free. The company does not warrant that the results that may be obtained from the use of the service will be accurate or reliable. The user agrees that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to the user.
The user agrees that use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall the company, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you. The above disclaimers apply to the fullest extent permitted by applicable law.
Governing Law and Change in Terms and Conditions:
These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Indian constitution. These Terms of Use is governed by the laws of India and the courts at Meerut Uttar Pradesh shall have exclusive jurisdiction.
The current version of the Terms and Conditions can be reviewed at any time at this page. The company reserves the right, at its sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to the website. It is the user`s responsibility to check the website periodically for changes. The user`s continued use of or access to our website following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
Replacement:-
Replacements are easy with us.
PolluxCraft constantly strives to provide exceptional product experience with the utmost attention to details by carefully inspecting the order before shipping since our products are handcrafted, hand finished and curated by the artisans of India, variations are acceptable as a norm as crafting and finish are done by hand to add uniqueness. Differences in color, shading, texture, shape, and grain are inherent in hand made products. No two handcrafted items are exactly alike so that every single one is one of a kind. However, if it still does not suit your preference, we offer easy replacements.
In case, you receive a damaged product please contact us within twenty-four hours of receipt. Mail us the photographs with the order number at __________________________. After assessing the damage, our support team reverts within 72 working hours. A reverse pickup is arranged to collect the product. If you are still not satisfied with the product, you can directly contact us through email or phone at __________________.
Cancellation:
An order can be canceled at any time before delivery by making a cancellation request through an email or a call.
Return Instructions:
Only unused products are returnable in the original state as received and in the same packaging.
All products can be returned within 24 (twenty-four) hours from the date of delivery.
Kindly, write to us the reason for your replacement at __________________________ along with the order number.
Payments and Transactions:
Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and us and payment facility are merely used by the Buyer and Company to facilitate the completion of the Transaction. Use of the payment facility shall not render Company liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Company`s Website.
You have specifically authorized Company or its service providers to collect, process, facilitate and remit payments and/or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with Company is on a principal to principal basis and by accepting these Terms of Use you agree. You acknowledge that your usage of the Website does not constitute a joint venture, partnership, employment or agency relationship between You and PolluxCraft.
You understand, accept and agree that the payment facility provided by Company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection, and remittance facility for the Transactions on the Company Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Company is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
Payments:
You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Company to purchase the products and /or services from the Company using the Payment Facility, and you shall pay the Transaction Price through Your Issuing Bank to the Company using Payment Facility.
You, as a Buyer, may agree with the Company through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension/increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension/increase of Dispatch / Delivery time or subsequent notation/variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
You, as a Buyer, shall electronically notify Payment Facility using the appropriate Company Website features immediately upon Delivery or non-Delivery within the time period as provided in Policies. Non-notification by You of Delivery or non-Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash on Delivery transactions, Buyer is required to confirm the receipt of products or services to mark the order completed.
You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as your sole and exclusive remedy) in case you receive damaged goods, within 30 days. In case you do not raise a refund claim using Website features within the stipulated time than this would make you ineligible for a refund.
You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence you may not be entitled to a refund in respect of the Transactions for those products and /or services.
Except for Cash on the Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.
For Cash on Delivery transactions, refunds, if any, will be made via cheque or a demand draft in favor of the Buyer (As per registration details provided by the user).
Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
For electronic payments, a refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
Refund shall be conditional and shall be with recourse available to Company in case of any misuse by Buyer.
Refund shall be subject to Buyer complying with Policies:-
Company reserves the right to impose limits on the number of Transactions or Transaction Price which Company may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
Company reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Company or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
3. Company may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash on Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of Company. As a result of such check, if Company is not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay Transaction Price.
4. All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
5. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which supports Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
International Dialing:
The Site may be accessed from other countries. The Site may contain products or references to products that are not available outside of India. Any such references do not imply that such products will be made available outside India. If you access and use the Site or Services outside India you are responsible for complying with your local laws and regulations.
Dispute Resolution:
Transactions are conducted smoothly on the Company. However, there may be some cases where both the customers and Company may face issues. We have a Dispute Resolution process in order to resolve.
A dispute is defined as a disagreement between a customer and a Company in connection with a transaction on the Website.
The customer can write to _____________, in order to raise a complaint/dispute. Disputes can be raised at a particular transaction level.
Following are the possible examples of potential disputes:
· Wrong item received
· Item not as described
· Damaged or Seal broken on Product
· Part/Accessory missing
· Item not Compatible
· Company Description/Specification Wrong
· Defective (Functional issues)
In case the Company rejects the return request of the Buyer, and Buyer raises a dispute, the Company will try to resolve the dispute. If the dispute is resolved in favor of the customer, a refund is provided once the product is returned to the Company. If the dispute is settled in favor of the Company, the customer is not entitled to any refund.
Customer Oriented Program:
In case of a dispute where the Company is unable to provide a refund or a replacement, Company will actively work towards reaching a resolution.
The customer can write to _________________, if the issue with the Company is not resolved. Company`s Customer Support team will look into the case to check for possible fraud. Only after verifying these facts, a dispute can be registered.
Customer Eligibility and Restrictions
Only the customers who have purchased the product on the website are eligible for the Customer Oriented Program.
Customer can file a dispute within 24 (twenty-four) hours from the date of delivery of the product. Any damage or loss to the product after delivery will not be covered under this program and will completely be the customer`s responsibility. Customers should refuse to accept delivery if the item is damaged.
Fraudulent charges and claims are not covered under replacement/return policies.
Blacklisted and Blocked customers are not covered by the replacement/return policies.
Raising disputes against Company does not automatically entitle the customer to a refund or replacement for the product purchased. Company shall verify the disputes so raised and may process only such claims that are valid and genuine.
Company shall at no point be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by any customer.
Claims of the nature of customer reproach (i.e. instances where products are bought by the customer by mistake or where the customer chooses to change his/her mind with regard to the product purchased) will not be entertained through this program.
Company reserves its right to initiate civil and/or criminal proceedings against a User who files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Company may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that user and any related users from availing protection through this program.
Decisions made by Company under the replacement/return policies shall be final and binding on its Users.
Company reserves the right to modify/discontinue replacement/return policies. Without any prior notice period to its Users.
Through this program, Company shall not entertain claims of customers who have incurred a loss due to delayed shipment or delivery of the item by the Company.
Disputes via Chargeback:-
Whenever a chargeback (CB) comes from a payment gateway/bank, the following situations may arise:-
1. Item has not received CB - Buyer hasn`t received the item. Refund will be created in accordance with the dispute policies
2. Unauthorized CB - Buyer hasn`t made this particular transaction. Refund will be created in accordance with the dispute policies. Company expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of the Company. Furthermore, the Company shall ensure that invoices state "Powered by Company" and failing to do so Company will be liable for chargeback (as applicable).
3. Item not as described - meaning the item is not what Buyer expected. The dispute will be decided in accordance with the dispute policies.
Communication through Mail:
Applicable laws require that some of the information or communications we send to you should be in writing. When using Our Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on Our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to PolluxCraft at __________________________. We may give notice to you at either the email or postal address you provide to us when placing an order.
Contact Information:
Please send queries or complaints to __________________________.
