By using this site, www.luxehues.com ("site"), you, the user of the site ("you" or "user") indicate your unconditional acceptance of these terms of service (the "terms of service"). We, [Curations Boutique Pvt. Ltd, a company registered in India] operating the brand www.luxehues.com and reserve the right, in our sole discretion, to update or revise these terms of service and should the terms be revised, the revised terms will apply if you continue to use the site. Should the terms of service conflict with any other documents, the terms of service will prevail for the purposes of usage of the site. The continued use of the site following the posting of any changes to the terms of service constitutes acceptance of those changes.
Further, for the purposes of clarity, it is hereby being stated that the Website is not engaged in any form of e-commerce business and is merely an Online Marketplace. The details of the Website as an Online Marketplace have been provided under Clause 2 of these ‘terms and conditions’ (“Terms”).
These Terms 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. By using the Website, you signify your agreement to be bound by these conditions.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011.
PLEASE NOTE THAT YOUR USE OF THE WEBSITE IN ANY WAY SIGNIFIES YOUR ACCEPTANCE TO OUR TERMS.
1.1. For the purpose of these Terms, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems.
1.2. The Company allows the User to surf the Website or making purchases without registering on the Website. The term "We", "Us", "Our" shall mean Website India and/or its affiliates.
2. Our Website:
Please note that this Website is an Online Marketplace for luxury products in India and qualifies as an “Intermediary” within the meaning of an “Intermediary” envisaged under Section 2(w) of the Information Technology Act, 2000 and rules framed thereunder. Hence, the Website shall comply with all rules and regulations of an “Intermediary” envisaged under Section 2(w) of the Information Technology Act, 2000 and rules framed thereunder.
However, without prejudice to the foregoing, the Company wishes to clarify that as it is an Online Marketplace, therefore, any services being rendered through this Website should not be construed as engaging in the business of “E-Commerce” in India. In light of the foregoing, the Company wishes to clarify the following:
a) The Website is merely an “Intermediary” envisaged under Section 2(w) of the Information Technology Act, 2000, which merely lists the product to be sold by the seller who register with the Website but does not own the product per se. Hence, the limited role of the Website is to connect the ‘buyer’ / You and the ‘seller’.
b) In light of the foregoing, you agree that any liability in relation to the product being sold on the Website in accordance with the applicable laws (“Product Liability”) would be of the ‘seller’ and incase of any deficiency of goods / products, and You agree to pursue any such actions against the ‘seller’ and not the Website / Company.
c) You further agree and acknowledge that the Website is only a facilitator / intermediary and is not and cannot be a party to or control in any manner any transactions on the Website. Accordingly, the contract of sale of products on the Website shall be a strictly bipartite contract between you and the ‘sellers’ listed on the Website.
d) You further agree and acknowledge that all the ‘discounts / coupons (if any)’ on the Website / prices at which the products are being sold by the ‘seller’ on the Website is merely an “invitation to an offer” in accordance with the Indian Contract Act, 1872 and shall not be construed to be an “offer” in accordance with the Indian Contract Act, 1872. Hence, in light of the foregoing, when you agree to purchase any product of the ‘seller’ listed on the Website, that would be termed as an ‘valid offer’ under the Indian Contract Act, 1872 and after doing so it is upon the ‘seller’ to accept the said ‘valid offer’ or reject the ‘valid offer’. In this regard, note that if the ‘seller’ accepts the said ‘valid offer’, then only it would tantamount to be a ‘valid contract’ as per the Indian Contract Act, 1872.
3. User Account
3.1. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account when you use this website.
3.2. You agree to accept responsibility for all activities that occur under your account or password.
3.3. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.
The Website reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice if we have reasonable belief that your account is being used for unauthorized purposes.
4. Membership Eligibility:
4.1. Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website.
4.2. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. We reserve the right to terminate your membership and / or refuse to provide you with access to the Website if it is discovered by us that you are under the age of 18 years.
4.3. Please note that The Website also allows restricted access to the Services for unregistered Users.
It may please be noted that by agreeing to these Terms, you shall be bound by the following policies of the Website:
6. Usage Conduct:
6.1. You shall solely be responsible for maintaining the necessary computer equipment and Internet connections that may be required to access, use and transact on the Website.
6.2. You acknowledge that you only have a limited right merely to use the Website and that you have no right to modify any part of the website or reproduce, copy, distribute, sold, resold or access the same for commercial purposes illegally.
6.3. You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website. You shall use this Website, and any voucher/ coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
6.4. You may not use any meta tags or any other "hidden text" utilizing the Company / Website or its affiliates' names or trademarks without the express written consent of Company / Website and / or its affiliates, as applicable.
6.5. You must not use the website for any of the following:
a) for fraudulent purposes, or in connection with a criminal offense or other unlawful activity; and
b) to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam” to cause annoyance, inconvenience or needless anxiety.
7. Communications :
7.1. 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.
7.2. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
8. Disclaimer of Warranties and Liability:
8.1. 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, express or implied except otherwise specified in writing.
8.2. Without prejudice to the forgoing paragraph, Website does not warrant that
a) This Website will be constantly available, or available at all; or
b) The information on this Website is complete, true, accurate or non-misleading.
8.3. The Website 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. The Website 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, despite our best efforts to prevent these incidents.
8.4. Nothing on website constitutes, or is meant to constitute, advice of any kind. All the products sold on website are governed by different state laws and if seller is unable to deliver such products due to implications of different state laws, seller will return or will give credit for the amount (if any) received in advance by seller from the sale of such product that could not be delivered to you.
8.5. 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, in case of any order or shipment or delivery related updates.
8.6. We will not use your personal information to initiate any promotional phone calls or sms.
9.1. While availing any of the payment method/s available on the website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to any of the following:
a) Lack of authorization for any transaction/s; or
b) Exceeding the preset limit mutually agreed by You and between "Bank/s"; or
c) Any payment issues arising out of the transaction; or
d) Decline of transaction for any other reason/s.
9.2. All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on website.
9.3. Please note that
a) 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 Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render us 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 Website
c) You understand, accept and agree that the payment facility provided by Website 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 Website Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility Website is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price
9.4. The details of the bank accounts of the Website / Company to which the payment has to be made by Yourself are set-out below and separately on the Website:
Beneficiary: Curations Boutique Private Limited
Account Number: 916020045477108
Bank: Axis Bank Limited
Branch: Udyog Vihar Branch Branch
Address: Ground Floor, Unit No. 3, 4, 5, 6, 18, 19- 20, Plot No. B - B-1, Enkay Tower, Vanijya Nikunj, Udyog Vihar Phase -5, Nh -8, Gurgaon - 122016. Haryana
IFSC Code: UTIB0001527
Payable to: Curations Boutique Private Limited
Mail to: Ground Floor, The Gallery On Mg, MG 13, Near Sultanpur Metro Station, Mehrauli Gurgaon Road, New Delhi, 110030, INDIA.
Cash on Delivery: Only available for patrons residing in New Delhi/NCR and Tri City
10. Shipping Terms:
10.1. Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. 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.
10.2. Further, You agree to the following shipping terms:
a) Delivery Timeline: Currently, we keep stocks in our warehouse to cover for the weekly projected demand for most popular items and thus will be able to deliver them within 3-days across India. However, most products are imported on demand and may take upto 7-15 days.
b) Free Shipping: Most of the merchandise listed on our website is available for FREE global shipping. However, we reserve the right to refuse FREE shipping in cases where weight of merchandize is more than what is allowed in the shipping category as offered by our carrier partners.
c) Insurance: We insure each purchase during the time it is in transit until it is delivered to you. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by Website and transfer of responsibility in the same way.
d) Taxes and Duties: All prices listed on our website are inclusive of taxes as per Indian laws and no additional custom duties are charged.
11. Intellectual Property Rights:
11.1. Content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Website, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws.
11.2. The compilation of all content on this website is the exclusive property of Website 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 Website, its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.
11.3. You may not systematically extract/ or re-utilise parts of the contents of the website without our express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Website’s express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website without Website's express written consent.
11.4. Our Trademarks at various Jurisdictions and you cannot use the trademark for commercially exploiting your interests without our express permission. We reserve our right to initiate legal proceedings if we discover any IPR infringement or passing off.
11.5. We respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, contact the Grievance Officer (details under Clause 11 of these Terms).
12. Grievance officer:
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name: Minu D Sharma
Address: CURATIONS, Ground Floor, The Gallery On Mg, MG 13, Near Sultanpur Metro Station, Mehrauli Gurgaon Road, New Delhi, 110030, INDIA.
(hereinafter referred to as the “Grievance Officer”) In this regard, please note that the Grievance Officer may be contacted by You for any grievance that you may have while using the services of the Website.
13. Indemnity and Release:
13.1. You shall indemnify and hold harmless Website, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
13.2. You hereby expressly release Website or any of its affiliates or officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Website.
15. Governing law and Jurisdiction:
These Terms are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Delhi.
16. Suspension, Termination or Cancellation
Website may suspend, cancel or terminate your account registered with us, with or without notices, if we believe in good faith that (a) that you breach any of these Terms and other policies.
17. Amendment / Modification:
The Website reserves the right to modify these Terms at any time with or without any further notice(s) by uploading the revised Terms on the Site and it is Your duty to keep itself aware of the revisions to the Terms of the Website.
18. Limitation Of Liability:
THE WEBSITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, THE SITE, THE SERVICES, THE TRANSACTION PROCESSING SERVICE, THE INABILITY TO USE THE SERVICES OR THE TRANSACTION PROCESSING SERVICE, OR THOSE RESULTING FROM ANY SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES BEYOND THE VALUE OF THE LAST TRANSACTION CARRIED OUT BY THE END-USER THROUGH THE SITE.
19. Other Additional Terms:
a) Refunds: All approved returns are typically settled within 7 days via account's payable cheque or any other equivalent means. Additionally, at times it can take additional days for the relevant bank(s) involved to ensure that the refund amount is remitted to the bank account of the End-User, in which case additional time is typically taken for the refund amount to reflect in the bank account of the End-User.
b) Cancellations and Modifications: You can cancel or modify most of the orders unless it is already shipped to you. However, orders specially imported for you cannot be canceled or modified. Please write to Concierge@LuxeHues.com and we will make our best efforts to mitigate mutual burden in such unfortunate situations.
c) Returns Handling: All products shipped to you are personally checked and photographed before shipping to you and thus we are often 100% sure of what we deliver. Also, all our products are guaranteed against any manufacturing defects and thus you are always protected. Since, we represent our brands directly we will always try to find the best resolution. In most cases you will just need to send us digital picture of the defective merchandize and we will send you replacement; you don't even need to send back the defective piece. In some cases where it is required to examine the defect physically we will arrange to pick up the same at our costs and will send over replacement. However, we reserve the right to send replacement and in such unfortunate cases we will just refund the price you paid for the product in question. Sorry, no returns are entertained after 3-days of receiving the delivery but feel free to write us at Concierge@LuxeHues.com and we will make our best efforts to mitigate mutual burden in such unfortunate situations.
d) Gift Wrapping: As a friendly gesture we offer FREE gift wrapping. Just email your order with instructions at: Concierge@LuxeHues.com and please get it confirmed before we ship
20.1. The Parties acknowledge and accept that electronic format shall be deemed an acceptable means of communication for the purposes of these Terms.
20.2. These Terms constitutes the complete and entire agreement between the Parties on the subject of ‘terms of usage of the Website’ (save and except the other policies) and shall supersede any and all other prior understandings, commitments, representations or agreements, whether written or oral, between the Parties to these Terms
20.3. If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or enforceability shall no effect the other provisions of these Terms, which shall remain in full force an effect.
20.4. In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Terms or by law, be deemed to be or construed as a waiver of that or any other right, so as to bar the enforcement of that, or any other right, power privilege, claim or remedy, in any other instance at any time or times subsequently.