Terms and conditions
Terms and Conditions
The TIA PAKHI website is owned and operated by TIA PAKHI Designs Private Limited. TIA PAKHI Designs Private Limited is registered in India under company number AAECT3245K and our registered office and trading address is 65/5F Bagbazar Street – KOLKATA 70003 – INDIA - Our DIN number is 05321671
These terms and conditions cover items purchased from TIA PAKHI Designs Pvt.Ltd. By proceeding with a purchase from from TIA PAKHI Designs Pvt.Ltd. or via our website, you accept that you are entering into a contract with TIA PAKHI Designs Pvt.Ltd bound by these terms and conditions below. If you have any queries on these terms and conditions, please contact us prior to your purchase on firstname.lastname@example.org
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 and Conditions").
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms and conditions, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms and Conditions, you must not subscribe to or use our services. These Terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000.
In these Terms and conditions, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website, "Service Providers" mean independent third party service providers, and "we", "us" and "our" shall mean TIA PAKHI.
a) www.tiapakhi.com ("Website") is an Internet based content and e-commerce portal licensed by TIA PAKHI.
b) Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms and conditions, as may be posted on the Website from time to time. tiapakhi.com at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
2. USER ACCOUNT, PASSWORD AND SECURITY:
You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify tiapakhi.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. tiapakhi.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
3. SERVICES OFFERED:
tiapakhi.com provides Internet-based service through the Web Site. This service enables users to purchase original merchandise such as cushion covers, table linen, bed covers, accessories, clothing (known as, "Products"). The Products can be purchased through the Website through method of payment offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, return policy, etc. (which are also found on the following URLhttp://www.tiapakhi.com/FAQ/, and all of which are incorporated here by reference. In addition, these terms and policies may be further supplemented by Product specific conditions, which may be displayed on the webpage of that Product.
4. REFUND/EXCHANGE POLICY
Our goal at TIA PAKHI is for you to use and love your handcrafted TIA PAKHI accessory. If, however, you are unhappy or if your product has been damaged in transit, please contact us on email@example.com within 3 days of parcel received only. We can offer a replacement on any item as long as it is returned in its original condition and packaging within 15 days of receipt. Please note, however, that we are unable to reimburse shipping costs, including those to return the product to Olie. We recommend that you obtain proof of postage on returning the item to us, as we cannot accept responsibility for items lost in the post. Once we receive the items, the replacement will be initiated.
ALL SALES ARE FINAL. WE DO NOT REFUND.
6. LIMITED USER:
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce,publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
Limited reproduction and copying of the content of the Website is permitted provided that TIA PAKHI's name is stated as the source and prior written permission of tiapakhi.com is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
7. USER CONDUCT AND RULES:
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper.
By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
(b) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene,indecent or unlawful topic, name, material or information;
(c) upload files that contain software or other material protected by intellectual property laws unless you own or
control the rights thereto or have received all necessary consents; you own or control the rights thereto or have received
all necessary consents;
(d) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
(e) conduct or forward surveys, contests, pyramid schemes or chain letters;
(f) download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
(g) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that is uploaded;
(h) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
(i) violate any applicable laws or regulations for the time being in force in or outside India; and
(j) violate, abuse, unethically manipulate or exploit, any of the terms and conditions of this Agreement or any other
terms and conditions for the use of the Website contained elsewhere.
8. USER WARRANTY AND REPRESENTATION:
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by tiapakhi.com
9. INTELLECTUAL PROPERTY RIGHTS:
a) Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, tiapakhi.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to olie.co.in without obtaining authorization from olie.co.in.
b) Notwithstanding the foregoing, 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 our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
10. LINKS TO THIRD PARTY SITES:
The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of tiapakhi.com or the Website and olie.co.in is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. tiapakhi.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. tiapakhi.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by tiapakhi.com or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
11. DISCLAIMER OF WARRANTIES/LIMITATIONS OF LIABILITIES:
tiapakhi.com has endeavoured to ensure that all the information on the Website is correct, but tiapakhi.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall tiapakhi.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services or Products; (b)unauthorized access to or alteration of the user's transmissions or data; (c) 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. Neither shall tiapakhi.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, tiapakhi.com shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond TIA PAKHI's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
You agree to indemnify, defend and hold harmless tiapakhi.com from and against any and all losses, liabilities, claims,damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by tiapakhi.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
13. PRICING & PAYMENTS:
Prices for products are described on our Website and are incorporated into these Terms by reference. Prices, products and Services may change at Tia Pakhi's discretion. We accept all major credit & debit cards.
14. SHIPPING POLICY:
The order will be delivered to the shipping address provided during checkout.
Domestic & International shipping: We ship via DTDC or FedEx. All shipping is calculated by the DTDC or FedEx based on your shipping location
Delivery Time: Domestic: it takes about 3- 6 working days from the time of checkout International: Please contact us for details.
a) tiapakhi.com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms and conditions or anyway otherwise acted unethically.
b) Notwithstanding Section 15.a above, these Terms and conditions will survive indefinitely unless and until tiapakhi.com chooses to terminate them.
c) If you or tiapakhi.com terminates your use of the Website or any Service, tiapakhi.com may delete any content or other materials relating to your use of the Service and tiapakhi.com will have no liability to you or any third party for doing so.
d) You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.
16. GOVERNING LAW:
These terms 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 the courts at Kolkata.
If any provision of the Terms and conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms and conditions shall continue to be in full force and effect.
18. REPORT ABUSE:
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms and conditions, please report to firstname.lastname@example.org
19. CANCELLATION POLICY
You may cancel your order any time before the order is processed. Once the order is shipped, you will receive, via email, a shipping confirmation. Once a product is shipped, the Return and Exchange Policy will apply.
20. RETURN POLICY
We have a simple Free Return Policy.
If you are not satisfied with the product purchased, you may return it and we will issue you a product. You just need to return the merchandise in unused manner in the original box / packing.
Unused means it should not have been tried, not washed not soiled or degraded in any manner.
Put the merchandise in original box packing along with the original invoice and courier it to our address below:
TIA PAKHI, 49/13 Hindustan Park - KOLKATA 700 029 -
Such returns can be made upto 15 days from the date of purchase. Allow us 10 days time to process the return request and issue you a new product.
The return shipping cost will be paid by the customer.
Certain Merchandise Cannot be returned. The stipulated conditions are as follows:
No order will be executed for the exchange of products more than once. We can surely change the product once, but the products once exchanged will not be exchanged again the second time. Products that are sold as packs cannot be returned as individual items. With regard to products on special or season promotions and sales and stock clearance, no return or exchange shall be entertained. In the interests of hygiene, we may refuse returns where it's obvious that the item has been tried, washed or soiled.
COST OF RETURN SHIPPING:
If you are returning a purchase, you are responsible for the return shipping. Your return will be processed within ten business days and we will notify you with your new shipment.
In the unlikely event that we have inadvertently sent you incorrect merchandise or you received damaged merchandise, please notify us immediately. We will reimburse you for the cost of returning the package to us, and we will not charge you for the shipping costs of replacement merchandise.