Terms & Conditions
Chappalwala.com ("Chappalwala.com LLP" or “Chappalwala” or “Site” or “we” or “our”) is a shopping website that allows consumers to browse, select and purchase footwear and accessories (“Products” or “Goods”) from the Site. 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").
By subscribing to or using any of our services you (“you” or the “End User”) agree that you have read, understood and are bound by the terms and conditions (“Terms and Conditions” or “T&C” or “Terms” or “Agreement”), regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
1. Introduction:
Every effort has been made to ensure, that the information contained on the Site is correct, however Chappalwala.com makes no warranty as the accuracy, comprehensiveness, or correctness of any Product(s) on the Site, and provides all Product(s) on an “as is” basis. The products/services and information displayed on the Site is an “invitation to offer” to the End User. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below. Chappalwala.com reserves the right to accept or reject your offer. If you have supplied us with your valid email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the Product(s) ordered. No act or omission of Chappalwala.com prior to the actual dispatch of the Product(s) ordered will constitute acceptance of your offer. Persons under the age of 18 years but above 13 years of age (“Minors”) may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. If the Minor’s age is below that of 18 years, only the Minor’s parent(s) or legal guardian(s) can transact on behalf of such Minor(s), provided that their parent(s)/guardian(s) are registered users. Minors are prohibited from purchasing any material which is for the use, consumption, sale or purchase only for people above 18 years of age. The Site is freely accessible to the End User however; the End User will have to register with Chappalwala.com and create their individual registration account prior to any purchase of Products. All registration information must be correct, complete and promptly updated by the End User each time it changes. Chappalwala.com reserves the right to make any changes to our Terms and Conditions and/or our Privacy Policy (which is incorporated herein by reference) as we deem necessary or desirable without prior notification to you. We suggest to you, therefore, that you read our T&C and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our T&C and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the revised T&C and Privacy Policy expressed herein.
2. Usage Eligibility
Services of Chappalwala.com is not available to persons under the age of 18 or to any End Users suspended or removed from the system by Chappalwala.com for any reason. End Users may not have more than one active account. Additionally, End Users are prohibited from selling, trading, or otherwise transferring their Chappalwala.com account to another party. If you do not qualify, you may not use the Chappalwala.com Service or the Site.
3. Electronic Communications
When you visit the Site, talk to our customer care or send email(s) to us, you are communicating with us electronically or telephonically. You consent to receive communications from us electronically or telephonically. We can communicate with you by email, telephone, or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically or telephonically satisfy any legal requirement that such communications be in writing.
4. You Agree and Confirm
a. That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Chappalwala.com (also known as Chappalwala.com LLP) for redelivery shall be claimed from you.
b. That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
c. That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
d. You will provide authentic and true information in all instances where such information is requested of you. Chappalwala.com (also known as Chappalwala.com LLP) reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Chappalwala.com (also known as Chappalwala.com LLP) has the right in its sole discretion to reject the registration and debar you from using the Services of Chappalwala.com (also known as Chappalwala.com LLP) and / or other affiliated websites without prior intimation whatsoever.
e. That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site
f. That you will use the services provided by Chappalwala.com (also known as Chappalwala.com LLP), its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
5. Objectionable Material
You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, Chappalwala.com (also known as Chappalwala.com LLP) and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
6. User Account, Password, and Security:
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services or goods under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Chappalwala.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Chappalwala.com has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You will receive an account designation and will be allowed to create a password 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 Chappalwala.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. Chappalwala.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.
7. Privacy Policy:
The User hereby consents, expresses and agrees that he has read and fully understands the “Privacy Policy” of Chappalwala.com in respect of the Website. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.
8. Limited User:
The User agrees and undertakes not to copy, reverse engineer, modify, 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 Chappalwala's name is stated as the source and prior written permission of Chappalwala.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.
9. 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;
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; 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 any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
10. User Warranty and Representation:
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized 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 Chappalwala.com.
11. Exactness Not Guaranteed:
Chappalwala.com hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as the merchandise brand, size, color, etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc. In this instance you agree that Chappalwala.com will send an approval request to the email address which you submitted when placing your order. If you do not agree with the requested change you retain the right to reject the requested production change by replying to it within 2 (two) days of it being sent to you. Chappalwala.com may re-request that you accept a production alteration one additional time if an alternative method to send your merchandise is available. If you reject this 2nd request your order will be cancelled and you will be fully refunded via your initial method of payment.
12. Colors
We have made every effort to display the colors of our products that appear on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
13. 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, Chappalwala.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 Chappalwala.com without obtaining authorization from Chappalwala.com.
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.
14. Links to Third Party Sites:
The Website may contain links to other websites ("Linked Sites").The Linked Sites are not under the control of Chappalawala.com or the Website and Chappalwala.com 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. Chappalwala.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Chappalwala.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Chappalwala.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.
15. Disclaimer of Warranties/Limitation of Liability:
Chappalwala.com has endeavored to ensure that all the information on the Website is correct, but Chappalwala.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Chappalwala.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; (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 Chappalwala.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, Chappalwala.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 Chappalwala’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.
16. Indemnification:
You agree to indemnify, defend and hold harmless Chappalwala.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 Chappalwala.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.
17. Pricing:
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at Chappalwala’s discretion.
18. Cancellation by Chappalwala.com
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit/debit card has been charged, the said amount will be reversed back in your Card Account.
19. Cancellations by the Customer
In case we receive a cancellation notice and the order has not been shipped by us, we shall cancel the order and refund the entire amount. The orders that have already been shipped out by us will not be cancelled and you will have to check our return policy on those orders. The customer agrees not to dispute the decision made by Chappalwala.com and accept Chappalwala.com's decision regarding the cancellation.
20. Credit/Debit Card Details
You agree, understand and confirm that the credit/debit card details provided by you for availing of services on Chappalwala.com will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to Chappalwala.com (also known as Chappalwala.com LLP). Further the said information will not be utilized and shared by Chappalwala.com (also known as Chappalwala.com LLP) with any of the third parties unless required for fraud verifications or by law, regulation or court order. Chappalwala.com (also known as Chappalwala.com LLP) will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
21. Fraudulent/ Declined Transactions
Chappalwala.com (also known as Chappalwala.com LLP) reserves the right to recover the cost of goods, collection charges and lawyer’s fees from persons using the Site fraudulently. Chappalwala.com (also known as Chappalwala.com LLP) reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
