TERMS AND CONDITION
(To be agreed by the customer upon account creation)
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under 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.
The domain name www.hairandotherstuff.in (hereinafter referred to as 'Website') is owned by Hair and Other Stuff Salon a company incorporated under the Companies Act, 1956 with its registered office at 26/5 A Block, Golf Course Road, DLF Phase 1, Gurugram, Haryana 122002
Your Account and Registration Obligations.
When you use the website or send emails or other data, information or communication to us, You agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by SMS, email, voice calls or by such other modes of communication, electronic or otherwise.
**You can call our courier partner and opt for no-contact delivery/ return. As a rule, we only offer no-contact delivery in containment zones.
1. 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 if any and after sales services related to products if any.
2. H&OS does not make any representation or warranty as to specifics (such as quality, value, saleability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. H&OS does not implicitly or explicitly support or endorse the sale or purchase of any products or related services on the website. H&OS accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
3. H&OS is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. H&OS cannot and does not guarantee that the concerned Buyers and/ or Sellers will perform any transaction concluded on the website. H&OS shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
4. H&OS does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the website and use your best judgment on that behalf.
5. H&OS does not at any point of time during any transaction between Buyer and Seller on the website come into or take possession of any of the products or related services offered by a Seller nor does it at any point gain title to or have any rights or claims over the products or related services offered by a Seller to a Buyer.
6. At no time shall H&OS hold any right, title or interest over the Seller's products nor shall H&OS have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. H&OS is not responsible for unsatisfactory or delayed performance of related services or damages or delays as a result of products that are out of stock, unavailable or back ordered.
7. The website is only a platform that can be utilized by users to reach a larger base to buy and sell products or services. H&OS is only providing a platform 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.
At no time shall H&OS hold any right, title or interest over the third-party products nor shall H&OS have any obligations or liabilities in respect of such contract.
H&OS is not responsible for unsatisfactory or delayed performance of services or damages or delays in delivery as a result of products that are out of stock, unavailable or back ordered.
8. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that you transact with.
Disclaimer:* Pricing on any product(s) as is reflected on the website may, due to some technical issue, typographical error or product information published by the Seller, be incorrectly reflected and in such an event the seller may cancel such your order(s).
9. You release and indemnify H&OS 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 website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, H&OS cannot take responsibility or control the information provided by other users that is made available on the Website. You may find other user's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the website.
10. All beauty products will have a shelf-life of 8 months to 3 years.
Please note that there could be risks in dealing with underage persons or people acting under false pretense.
Membership on the website is free for buyers. H&OS does not charge any fee for browsing and buying on the website. H&OS reserves the right to change its fee policy from time to time. In particular, H&OS may at its sole discretion introduce new products, related services and modify some or all of the existing services offered on the website. In such an event H&OS reserves the right to introduce fees for the new services offered or amend/ introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to H&OS through modes of payment.
Use of the Website
You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) Belongs to another person and to which you does not have any right to;
(b) Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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 or unlawfully threatening or unlawfully harassing including but not limited to 'indecent representation of women' within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) Is misleading in any way;
(d) Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) Harasses or advocates harassment of another person;
(f) Involves the transmission of 'junk mail', 'chain letters', or unsolicited mass mailing or 'spamming';
(g) Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(h) 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];
(i) Promotes an illegal or unauthorized copy of another person's copyrighted work (see 'Copyright complaint' below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(m) Contains video, photographs, or images of another person (with a minor or an adult).
(n) 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;
(p) Solicits gambling or engages in any gambling activity which we, in our sole discretion, believe is or could be construed as being illegal;
(q) Interferes with another User's use and enjoyment of the Website or any other User's enjoyment of similar services;
(s) Harms minors in any way;
(t) 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;
(u) Violates any law for the time being in force;
(v) Deceives or misleads the addressee/ Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) Impersonate another person;
(x) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) Threatens the unity, integrity, defense, 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.
(z) Shall not be false, inaccurate or misleading;
(aa) Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(ab) 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;
2. 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.
3. 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.
4. You shall not probe, scan or test the vulnerability of the Website or any network neither connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms H&OS, Website, or otherwise engage in any conduct or action that might tarnish the image or reputation, of SBIL or sellers on platform or otherwise tarnish or dilute any H&OS's trade or service marks, trade name and/ or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or H&OS's systems or networks, or any systems or networks connected to H&OS.
6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person's use of the website.
7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under 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.
11. From time to time, you shall be responsible for providing information relating to the products or services if any 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.
13. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the website.
14. It is possible that other users (including unauthorized users or 'hackers') may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
15. H&OS shall have all the rights to take necessary action and claim damages that may occur due to your involvement/ participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Content Posted on the Website
Copyright, authors' rights and database rights
All content included on the Website, such as articles, blogs, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of H&OS, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of content on this website is the exclusive property of H&OS and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this Website is the property of H&OS, its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.
You may use information on the products and services purposely made available on the website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
Disclaimer of Warranties and Liability
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this website are provided on 'as is' and 'as available' basis without any representation or warranties, expressed or implied except otherwise specified in writing herein or elsewhere on the Terms and Conditions. Without prejudice to the foregoing paragraph, H&OS does not warrant that:
This Website will be constantly available, or available at all; or
The information on this Website is complete, true, accurate or non-misleading.
H&OS will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website. H&OS does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through the website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Nothing on the website constitutes, or is meant to constitute, advice of any kind. All the Products sold on the website are governed by different state laws and if the seller is unable to deliver such products due to implications of different state laws, the seller will return or will give credit for the amount (if any) received in advance by the seller from the sale of such Product that could not be delivered to You.
You will be required to enter a valid phone number while placing an order on the Website. By registering your phone number with Us, You consent to be contacted by us via phone calls and/ or SMS notifications about any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS communication.
While availing any of the payment method(s) available on the website, we will not be responsible or assume any liability whatsoever in respect to any loss or damage arising directly or indirectly to you due to:
Lack of authorization for any transaction(s), or
Exceeding the present limit mutually agreed by you and between 'Bank(s)', or
Any payment issues arising out of the transaction, or
Decline of transaction for any other reason(s).
All payments made against the purchases/ related services on website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The website will not facilitate transactions in any other form of currency with respect to the purchases made on website. H&OS uses a third-party service provider to facilitate and collect payments ('Payment Facility') and H&OS is not liable or responsible for any issue between you and such third-party service provider.
Before shipping/ delivering your order to you, the seller may request you to provide supporting documents (including but not limited to government-issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.
Returns will not be accepted under the following conditions:
If request is initiated after 24 hours of order delivery
Product is used or altered
Product is damaged due to misuse/ overuse by the customer
Returned attempted without original packaging including, price tags, labels, original packing, freebies and other accessories or if original packaging is damaged Serial Number is tampered
Please note: Currently we are not accepting returns on orders for safety and hygiene reasons only defective products that are covered under Seller/ Manufacturer 24 hours of receiving the order. Kindly reach out to us through our 'Chat Now' option available sending us an email on email@example.com
Cancellation before shipment (Only valid on orders' place & delivery in India):
If the order or the item(s) that you want to cancel have not been shipped yet, you can write to our customer support team on firstname.lastname@example.org or call us on +91 96254 96708 (Between 10:00 to 18:00)
In such cases, the order will be cancelled, and the money will be refunded to you within 7-10 business days after the cancellation request is duly processed by us.
Cancellation Post Shipment:
Due to the national lockdown, we are not accepting post-dispatch cancellations on orders.
Refunds: Please check with Payment gateway on reverting the amount credited
For payments done through credit/ debit cards or net banking, the refund will be processed to the same account from which the payment was made within 7-10 business days. It may take 2-3 additional business days for the amount to reflect in your account.
In addition, we also provide the hassle-free option of refund through Hair and Other Stuff Selling Coupons, which can be used during future purchases.