LEGAL TERMS

 

VISITORS TO THIS WEBSITE ARE BOUND BY THE FOLLOWING TERMS AND CONDITIONS ("TERMS"). PLEASE READ THESE CAREFULLY BEFORE CONTINUING TO USE THIS SITE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT USE THIS SITE. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT Mr. Danish Kamal, email danish@431-88.com

The domain name www.431-88.com (hereinafter referred to as "Website") is owned by Shwetambara Enterprises, a company incorporated under the Companies Act, 1956 with its registered office at following address - Shwetambara Enterprises. Plot No. 38, 1st Floor, Sector 27-A, Faridabad, Haryana 121003. (Hereinafter referred to as "Company/431-88").

S. No.

CONTENT

  1. 1.    

Statement of intellectual property

  1. 2.    

Security and Privacy Policy

  1. 3.    

Orders

  1. 4.    

Delivery and shipping

  1. 5.    

Payments and pricing

  1. 6.    

Return and refund Policy

  1. 7.    

Communications

  1. 8.    

Use of the website

  1. 9.    

Disclaimer of warranties

  1. 10.         

Indemnification

  1. 11.         

Limitation of liability

  1. 12.         

Compliant grievances

  1. 13.         

Governing law and jurisdiction

  1. 14.         

Sensitive information

  1. 15.         

Updates

  1. 16.         

Breach

 

 

  1. 1.   STATEMENT OF INTELLECTUAL PROPERTY RIGHTS

 

All the designs and other content displayed on this website is the intellectual property of the Company(Shwetambara Enterprises).

Nothing contained within the website should be construed as granting any license or the right to use any trademark/trade name/design/copyright without the prior written consent of the owner of the website.

Any misuse of the intellectual property at the website will not be permitted and will be dealt as per the applicable laws of India.

You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. We do not endorse the contents on any such third-party websites. We are not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.

 

  1. 2.   SECURITY AND PRIVACY POLICY

 

This Policy applies to the website www.431-88.com and to the business symbolized therein.

 www.431-88.comrecognizes the importance of maintaining your privacy. We value your privacy and appreciate your trust in us.

 This Policy describes how we treat user information we collect on the Website and other offline sources. This Privacy Policy applies to current and former visitors to the Website and to our online customers. By visiting and/or using the Website, you agree to this Privacy Policy.

 

        I.  INFORMATION WE COLLECT

 

Contact information

 We might collect your name, email, mobile number, phone number, street, city, state, pin code, country and IP address.

 

Payment and billing information

We might collect your billing name, billing address and payment method when you buy the products. We NEVER collect your credit card number or credit card expiry date or other details pertaining to your credit card on our website. Credit card information will be obtained and processed by our online payment partner PayU.

 

Information you post

We collect information you post in a public space on our website or on a third-party social media site belonging to the Company.

 

Demographic information

We may collect demographic information about you, events you like, events you intend to participate in, products you buy, or any other information provided by your during the use of our website. We might collect this as a part of a survey also.

 

Other information

If you use our website, we may collect information about your IP address and the browser you're using. We might look at which site you came from, duration of time spent on our website, pages accessed or what site you visit when you leave us. We might also collect the type of mobile device you are using, or the version of the operating system your computer or device is running.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

 

Financial Information

Credit/ debit card details includes card number and expiry date in encrypted form, details for net banking services and Wallet services. Please be advised thatwww.431-88.com  ensures the highest degree of data security.

 

Your account history shall include (without limitation) all billing information and communications, payment history etc. We maintain this in encrypted form on secure servers.

 

Cookie Policy

 A cookie is a small text file that we place on your mobile device to enable various features of www.431-88.com"Cookies" are used to store user preferences and to track user trends, so as to enhance your interactive experience and generally improve our Services to you. You can change your cookie settings to accept or not accept cookies in your browser settings. If you do accept a "cookie", you thereby agree to our use of any Personal Information collected by us using that Cookie. If you do accept a "cookie", you thereby agree to our use of any Personal Information collected by us using that Cookie.

 

Third Party

At times we may tie-up with third parties, brand owners or other partners and make available certain offers, events or special schemes. In such instances, your personal information may be shared with such third parties and/or may become available to them or be disclosed to them, such third parties may have their own applicable privacy rules and we shall not be liable for the use or misuse of your information by such third parties.

 

     II.  WAYS OF COLLECTING INFORMATION

 Directly from the customer

We collect information directly from you when you register or buy products. We also collect information if you post a comment on our websites or ask us a question through phone or email.

Passively from the customer

We use tracking tools like Google Analytics, Google Webmaster, browser cookies and web beacons for collecting information about your usage of our website.

Information sourced from third-parties

For example, if you use an integrated social media feature on our websites. The third-party social media site will give us certain information about you. This could include your name and email address.+ phone number

       III.  USE OF YOUR PERSONAL INFORMATION

 We reserve the right to use and share your information in the event we believe doing so is necessary to operate this website or where such disclosure may be required by law, or to protect our right or the rights of others. We shall use information as otherwise permitted by law.

We use information to contact you

We might use the information you provide to contact you for confirmation of a purchase on our website or for other promotional purposes.

We use information to respond to your requests or questions

We might use your information to confirm your registration for an event or contest.

We use information to improve our products and services

We might use your information to customize your experience with us. This could include displaying content based upon your preferences.

We use information to look at site trends and customer interests

We may use your information to make our website and products better. We may combine information we get from you with information about you we get from third parties.

We use information for security purposes

We may use information to protect our company, our customers, or our websites.

We use information for marketing purposes

We might send you information about special promotions or offers. We might also tell you about new features or products. These might be our own offers or products, or third-party offers or products we think you might find interesting.

We use information to send you transactional communications

We might send you email to enroll for our newsletter or for discounts and offers.

PLEASE NOTE: In addition, we reserve the right to use and share your information in the event we believe doing so is necessary to operate this website or where such disclosure may be required by law, or to protect our right or the rights of others.

      IV.  SHARING OF INFORMATION WITH THIRD-PARTIES

We will share information with third parties who perform services on our behalf

We share information with vendors who help us manage our online registration process or payment processors or transactional message processors. Some vendors may be located outside of India.

We will share information with the event organizers

We share your information with event organizers and other parties responsible for fulfilling the purchase obligation. The event organizers and other parties may use the information we give them as described in their privacy policies.

We may share information if we think we have to in order to comply with the law or to protect ourselves

We will share information to respond to a court order or subpoena. We may also share it if a government agency or investigatory body requests. Or, we might also share information when we are investigating potential fraud.

We may share your information for reasons not described in this policy

We will tell you before we do this.

We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. We have developed this Privacy Policy to protect your personal/financial information and keep it confidential. By visiting Website, you are accepting and consenting to the practices described in this Privacy Policies.

      VI.  UPDATES TO THIS POLICY

This Privacy Policy was last updated on 1st January 2020. From time to time we may change our privacy practices. We may update this privacy policy by posting a new version on this website from time to time. You must check this page occasionally to ensure you are familiar with any changes in the policy. We will notify you of any material changes to this policy as required by law. We will also post an updated copy on our website. Please check our site periodically for updates.

     VII.  SECURITY MEASURES

Our internal data security policies restrict access to customers' personal information to authorized employees. Authorized employees may use our customer’s personal information for Company’s business purposes only. Our employees are bound by the Company’s policies that require them to maintain the confidentiality of our customers' personal information. Employees who violate these requirements are subject to disciplinary action, up to and including termination.

We maintain physical, electronic, and procedural safeguards that are designed to guard our customers' personal information. For example, for the security of your online visit to our Websites, we may make use of firewall barriers, encryption techniques and/or authentication procedures. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, Companycannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, we will notify you as necessary and to the extent possible so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with our Websites.

 

      VIII.  THIRD PARTY SITES

If you click on one of the links to third party websites, you may be taken to websites we do not control. This policy does not apply to the privacy practices of those websites. Read the privacy policy of other websites carefully. We are not responsible for these third party sites.

 

3.   ORDERS

This Website offers for sale certain products (the "Products")domestically (i.e. in India) and internationally.By placing an order for Products through this Website, you agree to the terms set forth herein

 

If you purchase any Products, you will be responsible for paying any applicable taxes and/ or shipping charges for deliveries which are urgent or outside India, indication of which we shall assure.

 

Children are not eligible to use our Websites. We ask that minors (under the age of 18) only use our Websites in conjunction with their parents or guardians. Children under 13 years of age should not send any information about themselves, such as their name, address, email, phone number, photographs, videos, geolocation information or other personal data to this website through its blog, contests entries, sweepstakes, promotions, or any other method, even with permission from a parent or guardian. If a child under 13 submits information through any part of our Websites becomes aware that the person submitting the information is a child under 13, we will attempt to delete this information as soon as possible. Because we do not ask for or knowingly collect any personal information from or about children under 13, we do not use or disclose such information to third parties.

We further take no responsibility for any order placed/ refund claimed by any minor, any person of unsound mind, unauthorized agents and/or any person otherwise incompetent to place such order/claim refund.

 

4.   DELIVERY AND SHIPPING

Orders are packed and shipped Monday - Friday only. Orders are generally shipped within 10 business days from the order date. Orders placed on weekends and select holidays are processed on the next business day.

If we are unable to process your order due to inaccurate or incomplete payment information, your order processing may be delayed till we get confirmation from our bank or payment gateway partner. Orders with ‘out of stock’ or ‘intricate embroidery or ‘intricate detailing’ item(s), may take an additional 30 business days to process and ship.

We ship fromFaridabad, India to all Territories in India except those PIN Codes not serviced by our Logistics Partner. In case we are unable to service your location, we will contact you to confirm possible alternatives. The cost for shipping is zero for standard orders within India.The prices listed on the website are final and all-inclusive cost. The price you see on the checkout page is exactly what you would pay.

Cost of Shipping for Outside Indian Territories would be fixed @ INR 3000.00

Following are the terms and conditions that constitute our Shipping and Delivery Policy for India. We currently offer the following shipping option within India:

Delivery Type

Estimated Time of delivery

Shipping cost

STANDARD

2 – 5 working days from dispatch date

Nil

 

PLEASE NOTE:Although we try our best to deliver your items during the estimated timeframe, delivery dates are not guaranteed. No extra handling charges will be charged to you at the time of delivery. Please do not make any such extra payments to anyone at the time of delivery.

If you are not home, the order will be taken back and marked as not delivered. You can then obtain directions on how to procure your order.

PRICING – the prices are without any outward taxes to be put forth. Such taxes will be extra and will be elaborated at the time of checkout.

 

  1. 5.   RETURN/EXCHANGE AND REFUND POLICY

We allow for Order cancellations until none of the items in your Order have been processed in our warehouse (i.e. within twenty four hours (24) from the time of placing the order.)

If the items in your Order have been processed in ourmanufacturing unit, then the order MUST be accepted on delivery and if desired to be returned then, the return policy shall apply.

RETURNS

The Product sought to be returned to us can be done so to the following address - Shwetambara Enterprises. Plot No. 38, 1st Floor, Sector 27-A, Faridabad, Haryana 121003, along with the complete detailed REFUND NOTE (format of Refund Note given) confirming reason for return. Once the Product is received at our Head office in following address - Shwetambara Enterprises. Plot No. 38, 1st Floor, Sector 27-A, Faridabad, Haryana 121003, the condition of the product returned will be scrutinized after which the appropriate refund will be credited to the account from which the payment was made.

REFUNDS

REFUND POLICY WITH RESPECT TO CASH ON DELIVERY CUSTOMER: Cash on Delivery customers are under no circumstances eligible to receive a refund in cash on any of the products purchased from us. Refund would only be via Bank Transfer.

REFUND OPTION FOR ONLINE PAYMENT: We allow for return of products purchased online from 431-88.com subject to payment being made via the online purchase route provided the product is sought to be returned within 7 days of receiving the same.

Refund of money paid for the product purchased via the online payment route will only be returned subject to due notice being issued to us within a week of delivery , after which the product with REFUND NOTE should be returned to us within a period of 7 days from date of delivery undamaged with the tags intact.

Any requests for refund being made subsequent to the aforementioned 7 days post-delivery will not be entertained by us. Any emails after the 7th day of receiving the order, will NOT be processed.

EXCHANGE

OPEN TO ONLINE PAYMENT/CASH ON DELIVERY CUSTOMERS:

•  Any product purchased from 431-88.com may be exchanged provided notice of the same is sent to us via email at sales@431-88.com within 7 days post-delivery of the product.
•  Any emails after the 7th day of receiving the order, will NOT be processed.
•  The Product sough to be returned to us can be done so to the following address - Shwetambara Enterprises. Plot No. 38, 1st Floor, Sector 27-A, Faridabad, Haryana 121003. along with the complete detailed REFUND NOTE . Once the Product is received at our Head office in following address - Shwetambara Enterprises. Plot No. 38, 1stFloor, Sector 27-A, Faridabad, Haryana 121003. the condition of the product returned will be scrutinized after which the generate the exchange order.

REPLACEMENT

If at the time of delivery and/or within 7 working days from the date of delivery of the product/s, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller subject to the following terms and conditions:

•  Clothes, footwear and other products are not used (other than for trial), altered, washed, soiled or damaged in any way.
•  Original tags and packaging should be intact.
•  Damaged or defective clothing are meanwhile covered by the 7 Day Replacement Guarantee.

POST CODE SERVICE:

•  Orders placed through this service will not be refunded or exchanged.
•  We would charge a service fee in addition to the purchases made.
•  Minimum 50% of the bill amount would need to be paid upfront

REFUNDS/EXCHANGES/REPLACEMENTS ARE SUBJECT TO THE FOLLOWING:

•  In all cases, the items returned must be in their original condition with all their tags and stickers intact.
•  The goods are your responsibility until they reach our head office. Please ensure you pack your return to prevent any damage to the items or boxes. We are not responsible for any items that are returned to us in a faulty state.
•  The items to be returned MUST be sent back to us by the customer at his/her own cost and responsibility.
•  All the returns or exchange are to be marked and addressed to:

Sales Return

Shwetambara Enterprises
Plot No. 38, 1st Floor
Sector 27-A, Faridabad
Haryana 121003.

  1. 6.   COMMUNICATIONS

When you send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order.

  1. 7.   USE OF THE WEBSITE 

•  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.
 
•  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.
 
•  You shall not probe, scan or test the vulnerability of the Website or any network 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

CONTENTS POSTED ON SITE 

•  Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without 431-88 express prior written consent.

•  This site is controlled and operated by Shwetambara Enterprises. Material on the Website 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 prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

  1. 8.   DISCLAIMER OF WARRANTIES

While efforts are made to keep the information on this site accurate and timely, Company does not guarantee or endorse the content, accuracy or completeness of the information, text, graphics, hyperlinks and other items contained herein or on any other server. This site and the materials, information, and references to services and products if any herein, including without limitations, text, graphics and links, are provided "as is" without representations or warranties of any kind, whether express or implied.

  1. 9.   INDEMNIFICATION

You will release, indemnify, defend and hold harmless the Company and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to the Company when it is threatened with suit or sued by a third party.

The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

  1. 10.   LIMITATION OF LIABILITY

THIS WEBSITE’S entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for products purchased via the website.

The Company will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from (1) the use or the inability to use the website content or products; (2) the cost of procuring substitute products or content; (3) any products purchased or obtained or transactions entered into through the website; or (4) any lost profits you allege.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.

  1. 11.   COMPLAINT GREVIENCES

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Mr. Danish Kamal

Address: Plot no. 38, 1st Floor, Sector 27A, Faridabad, Haryana 121003, India

Phone: +91 9910532313

Email: danish@431-88.com

If you have any questions about this Policy or other privacy concerns, you can also email us at info@431-88.com

 

  1. 12.   GOVERNING LAW AND JURISDICTION

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in New Delhi.

 

JURISDICTIONAL ISSUES/SALE IN INDIA ONLY:Unless otherwise specified, the material on the Website is presented for the purpose of sale in India. 431-88 makes no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and 431-88 is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable

  1. 13.   SENITIVE PERSONAL DATA AND INFORMATION

Sensitive personal data or information of a person means such personal information which consists of information relating to;—

        I.   Password;

       II.   Financial Information Such As Bank Account Or Credit Card Or Debit Card Or Other Payment Instrument Details ;

      III.   Physical, Physiological And Mental Health Condition;

      IV.   Sexual Orientation;

       V.   Medical Records And History;

      VI.   Biometric Information;

      VII.   Any Detail Relating to the above Clauses as Provided to Body Corporate for Providing Service; and

      VIII.   Any Of The Information Received Under Above Clauses By Body Corporate For Processing, Stored Or Processed Under Lawful Contract Or Otherwise: Provided That, Any Information That Is Freely Available Or Accessible In Public Domain Or Furnished Under The Right To Information Act, 2005 Or Any Other Law For The Time Being In Force Shall Not Be Regarded As Sensitive Personal Data Or Information For The Purposes Of These Rules

  1. 14.   UPDATES TO THIS POLICY

This Privacy Policy was last updated on 1st January 2020. From time to time we may change our privacy practices. We may update this privacy policy by posting a new version on this website from time to time. You must check this page occasionally to ensure you are familiar with any changes in the policy.

  1. 15.   BREACH

In the event of a breach of the Terms of Use or other ruler and policies by You, we reserve the right to recover any amounts due and owing by You to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against You.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

 

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