TERMS & CONDITIONS
DATE OF LAST REVISION: 31 MAY 2017
SECTION A: BUYING PRODUCTS FROM THE WEBSITE
1. INFORMATION WHICH PASHMINA.COM IS REQUIRED TO GIVE YOU
You have a right of cancellation as set out under returns.
The technical means for concluding the contract to buy Products are set out in paragraph 2. If you have made a mistake in inputting information, please click on the back arrow and you will be able to change it.
2. PLACING AN ORDER.
You need an e-mail address to place an order and you need to set your browser to accept both cookies and pop-ups in order to make full use of the Website, which includes adding items to your shopping cart and checking out from our stores.
Placing an order on the Websites is easy.
a) Find the Product(s) you want.
b) Add the Product(s) to your shopping cart.
c) Proceed to checkout.
Select delivery and billing options.
Review your order.
Submit your order.
Receive an online order confirmation (“Order Confirmation”).
Once we have received your order, an automated confirmation of receipt will be displayed on the Website. Please note that this does not mean that your order has been accepted or that a contract has been made. Pashmina.com will confirm acceptance to you by sending you an Order Confirmation by e-mail which confirms that Pashmina.com has accepted your order and that the Product is ready for or has been dispatched. The contract between us (the “Contract”) will only be formed when Pashmina.com sends you the Order Confirmation. We strongly suggest that you print or download your Order Confirmation for future reference.
We explicitly reserve the right not to accept your order, for any or no reason. If your credit card has already been charged for an order that is later cancelled, Pashmina.com will issue you a refund through in-store credit.
The Order Confirmation will include the following information:
Description of the Product ordered;
The price of the Product ordered (including delivery and any packaging charges), including all VAT and other taxes;
Confirmation of the arrangement for payment, delivery and performance of the order;
Details of your right to cancel the order and a model cancellation form;
For any change in the standard delivery process, please contact us.
Pashmina.com’s identity, address and contact details and how you can complain; and any after-sales services and guarantees.
The Contract will relate only to those Products whose dispatch (or readiness for dispatch) Pashmina.com confirms in the Order Confirmation.
We also reserve the right to cancel any Contract in (amongst others) the following situations, without being liable for any damage or costs:
the Product is not available / in stock (any payments already made will be refunded);
your billing information is not correct or not verifiable;
your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
your bank transfer payment is not received within 12 calendar days after acceptance of your order;
we have reason to believe you are under 16;
we have reason to believe that you are a reseller;
there was an error in the price quote;
we could not deliver to the address provided by you.
3. RISK AND TITLE
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when Pashmina.com receives full payment of all sums due in respect of the Products, including delivery charges.
4. DATA CHECK
When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address, creditworthiness and checking for fraud. As to the latter: we run partly automated checks on all purchases to filter out unusual or suspect transactions or transactions which can be identified as susceptible to fraud. Suspected fraud on the Website will be investigated and if necessary prosecuted. By submitting your order, you agree to this.
5. PRICES AND CURRENCY
The Product prices displayed on the Websites are inclusive of India local GST. Shipping rates are applied per order. Prices are quoted in multiple currencies of the world. The total price specified in the final check out screen includes the shipping costs. The Prices are DDP (Delivery Duty Unpaid) thus any International Import Duties, Taxes etc are not included in the product pricing. The prices are quoted in the Order Confirmation, which you can print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency.
Please transfer only the exact amount specified on the Order Confirmation and make individual transfers per order, using the unique reference number stated in your order confirmation.
The product prices displayed on the Website may be subject to change. We reserve the right to change prices without notice. Subject to the paragraph on Pricing Errors below, the prices as displayed at the moment of purchase are the prices applicable to that purchase.
Please note that even though the Websites are composed with care, it is possible that the pricing information on our Websites contain errors. We are not bound by our offer and we reserve the right to cancel your purchase in the event of such error.
6. WEBSITE USE RESTRICTIONS
7. SAFEGUARD YOUR USERNAME/PASSWORD
You are responsible for any actions that take place while using your Pashmina.com account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Website. You agree to notify Pashmina.com immediately of any unauthorized use of your Pashmina.com account. Pashmina.com is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
8. INTELLECTUAL PROPERTY
As between you and us, all intellectual property in the Products and the Bespoke Products which subsists now or at any time in the future shall without limitation vest in and be the absolute property of us.
All intellectual property on the Website is owned by Pashmina.com or its licensors, which includes materials protected by copyright, trademark or patent laws. All trademarks, service marks and trade names (e.g., the PASHMINA.COM name) are trademarks or registered trademarks of Pashmina.com.
9. USER GENERATED CONTENT
"User Generated Content" is communications, materials, information, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds and any other content that you and/or other Website users publish, display, upload, disclose, transmit, store, share or otherwise make available ("post") on or through the Website, except to the extent the content is owned by Pashmina.com.
11. PUBLISHED ACTIVITY
Pashmina.com allows you the option to publish about the actions you take on Pashmina.com’s Website to Facebook, Twitter and other social platforms. Pashmina.com does not control which information gets disseminated on participating social platforms. You agree to allow Pashmina.com to check your Pashmina.com cookies when you are visiting participating social platforms and allow Pashmina.com to receive information about your use of those social platforms.
14. USER INTERACTION DISCLAIMER
15. WARRANTY DISCLAIMER
Pashmina.com is not responsible or liable for any User Generated Content or other content posted on the Website (“Content”) or for any offensive, unlawful or objectionable content you may encounter on or through the Website. The Website, User Generated Content, Content and the materials and products on this Website are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, Pashmina.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Pashmina.com cannot guarantee and does not promise any specific results from use of the Website. Pashmina.com does not represent or warrant that the Website will be uninterrupted or error-free, that any defects will be corrected or that this Website or the server that makes the Website available are free of viruses or anything else harmful. To the fullest extent permitted by law, Pashmina.com does not make any warranties or representations regarding the use of the materials or Content in the Website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content (including any mobile client) at your own risk and that you will be solely responsible for your use and any damage to your mobile device or computer system, loss of data or other harm of any kind that may result. Pashmina.com reserves the right to change any and all Content and other items used or contained in the Website at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
16. LIMITATION OF LIABILITY
- death or personal injury caused by its negligence;
- any other loss which cannot be excluded by applicable law.
The maximum reimbursement of the above damages will (if applicable) be the purchase price of the Products concerned. We shall not be liable for damage incurred by a third party resulting from the use of any of our Products. We shall not be liable for damage incurred by you as a result of your improper use of any of our Products.
We are not liable for damages as a result of incorrect information on the Websites.
SECTION C: GENERAL
18. WEBSITE OWNER
This Site is controlled by Pashmina.com founder Mr.Varun Kumar, from the office in 3-P, Basement, Sector- 41, Gurgaon, Haryana 122002.
20. WRITTEN COMMUNICATIONS AND NOTICES
We will mainly communicate with each other electronically, such as by email. Applicable laws may require that some of the information or communications Pashmina.com send to you should be in writing, for which purpose we both agree that electronic communications will suffice. This paragraph does not affect your statutory rights.
All notices given by you must be given in writing and delivered by email. Notices to you may be given to the email address or the invoice address provided when you placed your order.
21. EVENTS OUTSIDE OUR CONTROL
Such delay or non-performance will not be a breach of the Contract and the time for performance will be extended by the period during which the product is delivered.
If either of us does not insist upon strict performance of any of the other’s obligations under the Contract or any of these terms or if either of us does not exercise any of the rights or remedies to which Pashmina.com is entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve the other of us from compliance.
24. LAW AND JURISDICTION
Contracts for the purchase of Products through the Website will be governed by Indian law. Any dispute arising from or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of India.