Terms & Conditions
INTRODUCTION
The domain https://poshaakbespoke.com/ (hereinafter “Poshaak”, “We”, “Us”, or “Our”) is the website of Poshaak Clothing Private Limited, having its registered office at 14, Ormes Road, 4th Cross St., Kilpauk, Chennai, Tamil Nadu – 600010
Through the website, we sell original merchandise, including but not limited to clothing, footwear, and accessories designed by Poshaak.
Your access to the website is subject to these terms and conditions (“Terms”), as well as other applicable policies like ‘Privacy Policy’, ‘Purchase Order Policy’, ‘Shipping and Delivery’, ‘Return and Exchanges’, and ‘Payment Options’.
ACCEPTANCE TERMS
These terms have come into effect immediately. Use of this website is available only to persons who can form legally binding contracts under Indian laws. All persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 cannot use the website. For example, if your age is below 18 years or you are an undischarged insolvent you are prohibited to use this website or purchase any products from this website or enter into any form of contract with Poshaak.
The website is also unavailable to persons whose membership has been suspended or terminated by Poshaak for any reason. By using the website or purchasing products from the website through any computer resources including but not limited to mobile or tablet devices, you agree that you have read and understood these terms, and various policies and signify your acceptance to be bound by them in entirety.
Except where additional terms and conditions are provided that are product specific, these terms shall supersede all previous representations, understandings, arrangements or agreements. If you have any queries about the terms, various policies or have any comments, suggestions or grievances on or about our website, please mail us your query at info@poshaakbespoke.com
AVAILABILITY AND DELIVERY
All Poshaak products are made to order. The delivery time for any product listed on the website varies from product to product and cannot be guaranteed. An indicative time period is approximately 28 working days excluding shipping.
PRICING
Whilst we try to ensure that all details, descriptions and prices that appear on this Website are accurate, errors may occur. If we discover an error in the price of any Product or Service that you have ordered from Poshaak, we will inform you of this as soon as possible and give you the option of re-confirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the Product or Service, you will receive a full refund. All prices are exclusive of the Goods & Services Tax in India.
TAXES AND CUSTOMS DUTY
For shipments outside of India, you will be solely responsible for calculating and paying any and all taxes, customs duties, fees, etc. imposed by the destination country in relation to the Product(s) or Services. Delivery costs may be charged in addition; such additional charges are displayed where applicable and included in the total cost.
TRADEMARK, COPYRIGHT AND RESTRICTION
This site is controlled and operated by Poshaak. All material on this site, including but not limited to images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. All material on the www.poshaakbespoke.com website owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
PRODUCT DESCRIPTION
Poshaak will attempt to be as accurate as possible. However, Poshaak does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. The colour of the final garment may differ slightly from that of the image being designed and disseminated. We take no responsibility of the same.
LIMITED LIABILITY
Our liability related to your use of the website and/or our products is limited only to the value of the goods sold to you.
WEBSITE ACCESS
- The Poshaak website and/or any facilities made available on the Website, in whole or partially, may not be available from time to time for any reason including, without limitation to upgrading of the Website/technology, introduction of new product(s), computer resource repairs and Website maintenance, etc.
- In no event shall Poshaak be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
- use or the inability to use or delay in the use of the Website; unauthorized access to or alteration of a user’s transmissions or data;
- any other matter, 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;
- provision of or failure to provide access to Website or any information, products through the Website;
- 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 pursuant to directives from government authorities or for any reason beyond Sarah & Sandeep’s control.
- Interruptions in the Website shall not serve as a basis to terminate your subscription, purchase order or demand in full or partial refund of any payment made or any reductions in future payments to be made.
YOUR OBLIGATIONS
- You agree and accept, interalia, the following:
- You will abide by all intellectual property right notices, information, and restrictions contained in or associated with any of the products or the Website content;
- Any products sold by Poshaak, its affiliates, any contractors, will be used by you for lawful purposes only and intended use of the products shall comply with all applicable Indian laws.
- You shall monitor and restrict the use of the Internet by minors including minor’s access to the Website. You accept full responsibility for any unauthorized use of the Website by the minors including use of your credit card(s), debit card(s) or other payment instrument (e.g. PayPal) by minors to place any orders on Website. For avoidance of doubt, a minor means a person who has not completed 18 years of age.
- You agree and accept that, amongst others, you shall not, directly or indirectly:
- Breach any applicable Indian laws or these Terms while using the Website, purchasing any product through Website;Access the Website using a false identity or on behalf of anyone else other than yourself.
- Use Poshaak’s Website or its product(s) for non-personal use or for commercial use. For example: use of the contents on the Website for any advertisement or solicitation or for gathering or transferring products purchased from Website for further sale.
- Portray Poshaak, its product(s) in an offensive, hateful, defamatory, inaccurate or false manner. Commit or omit to do anything which will adversely tarnish goodwill or reputation of Sarah & Sandeep, its associates, contracting parties,
- Gain or attempt to gain any unauthorised access to the Website or interfere with or attempt to interfere with any person’s use or enjoyment of the Website or any parts thereof or disrupt or attempt to disrupt in any way the operation of the Website or any parts thereof;
- Create or submit a submission including any view that is unlawful, grossly offensive, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable Indian laws, rules, regulations or regulatory guidelines under the laws of India or that infringes or violates other parties’ privacy rights or links to infringing or unauthorized content or pornographic content.
- Send on behalf of Poshaak spam, chain-letters, pyramid schemes or any other unsolicited or unauthorized advertising or promotional materials to anyone including existing customers/designers of Poshaak or users of the Website; Harass, bully, stalk, harm, defame or disparage or otherwise cause mental or physical distress or injury to anyone, or engage in any other unlawful or objectionable conduct while using the Website, purchasing any product through the Website;
- Use the Website or purchase any product through Website a to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material, data or information, whether personally identifiable or not, posted by or concerning any other user of the Website;
Violate any of the intellectual property rights or proprietary rights of Poshaak, its licensors, its associates, contracted parties, or any third party, etc. while using the Website, purchasing any product through the Website; - Use software or applications such as bots, crawlers, spiders, offline readers or other automated systems to access or use the Website for illegitimate purposes or for gain or attempt to gain any unauthorised access to the Website or interfere with or attempt to interfere with any person’s use or enjoyment of the Website or any parts thereof or disrupt or attempt to disrupt the operation of the Website or any parts thereof. For avoidance of doubt, Poshaak reserves its right to prevent anyone from using such software or application even if these software or applications are harmless;
Misrepresent or suggest, whether expressly or impliedly, about your association with Poshaak as anything other than the user of Website or purchaser of Poshaak’s product(s); - Transmit any material that contains adware, malware, spyware, software viruses (such as time-bombs, cancel-bots, worms, trojan horses), or any other computer code, files, or programs designed to interfere, disrupt, interrupt, destroy, or limit the functionality of the Website, any computer software or hardware or telecommunications equipment of Poshaak
- Remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation to geo-IT filtering and/or encryption) associated with the Website or any Website features.