Terms & Conditions
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.
This document is published
in accordance with the provisions of Rule 3(1) of the Information Technology
(Intermediaries guidelines) Rules, 2011 which require the publishing of the
rules and regulations governing the use and access of www.felazone.com or
any other portal as may be launched by Cloudsail India Retail (OPC) Private
Limited.
The domain name www.felazone.com (hereinafter referred to as
"Website") is owned by Cloudsail India Retail (OPC) Private Limited
a firm incorporated under the Companies Act, 1956 with its registered
office at HIG-11, Basant Vihar, Naubasta, Kanpur-208021, Uttar Pradesh, India
(hereinafter referred to as “Felazone.com”).Your use of the Website, services
and tools are governed by the following terms and conditions (“Terms of Use”)
as applicable to the Website including the applicable policies which are incorporated
herein by way of reference. If you transact on the Website, You shall be
subject to the policies that are applicable to the Website for such
transaction. By mere use of the Website, You shall be contracting with
Felazone.com and these terms and conditions including the policies constitute
your binding obligations, with Felazone.com. For the purpose of these Terms of
Use, 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
or a Guest User using the computer systems. The term “We”, “Us”, “Our” shall
mean Felazone.com. When You use any of the services provided by Us through the
Website, including but not limited to, (e.g. Product Reviews), You will be
subject to the rules, guidelines, policies, terms, and conditions applicable to
such service, and they shall be deemed to be incorporated into this Terms of
Use and shall be considered as part and parcel of this Terms of Use.
As a User, your access to
and use of the Felazone.com Platform are conditional upon your acceptance of
and continuous compliance with these Terms and Conditions at all times. By
accessing, browsing and/or using the Felazone.com Platform and/or availing any
of the Services and/or Indirect Services, you agree to be bound by these Terms
and Conditions and all rules, guidelines, policies, terms and conditions
applicable to the Felazone.com Platform and/or Services and/or Indirect
Services being provided by Felazone.com ("Policies"), as may be
modified by Felazone.com time to time, which shall be deemed to be incorporated
in these Terms and Conditions by reference, unconditionally and at all times.
Felazone.com reserves the right, at our sole
discretion, to change, modify, add or remove portions of these Terms of Use, at
any time without any prior written notice to you. It is your responsibility to
review these Terms of Use periodically for updates / changes. Your continued
use of the Website following the posting of changes will mean that you accept
and agree to the revisions. As long as you comply with these Terms of Use, We
grant you a personal, non-exclusive, non-transferable, limited privilege to
enter and use the Website.
ELIGIBILITY
The Services and the Indirect Services on the Felazone.com
Platform are only available to
persons who are competent to enter into legally binding contracts under the
Indian Contract Act, 1872. Any person who shall be considered as incompetent to
contract as per the provisions of the Indian Contract Act, 1872, including
minors, un-discharged insolvents, etc., are not eligible to use the Felazone.com Platform ("User").
Any person using the Services and/or the Indirect Services on behalf of a
proprietor/ partnership/ firm/ company, represents and warrants that it is duly
authorized to accept the Terms and Conditions and the Policies by the User and
that such person has the authority to bind the User to these Terms and
Conditions and the Policies.
USER ACCOUNT AND REGISTRATION TERMS
Registering at Felazone.com is free service and you
can use your personal email id and password to complete the website's
registration process or completing a transaction. You are responsible for
maintaining the confidentiality of the username and password, and are fully
responsible for all activities that occur under your account.
We collect the following mandatory information from
you when you register with Felazone.com:
- Email
id
- Password
for your Felazone.com account
- First
name
- Last
name
- Mobile
Apart from the above information we insist the
users to provide certain profile information on a voluntary basis such as
gender, contact address, city, country, profile image etc. for the entire list
of registration details.
Passwords for your account in Felazone.com are always stored in encrypted form.
Certain user information like email id and password will never be displayed in
the site unless the user puts in public forums like blogs, blog posts,
communities and blogs and discussion forums in the communities.
You agree to:
(a) Immediately notify Felazone.com of any
unauthorized use of your account or any other breach of security, and
(b) Ensure that you exit from your account at the
end of each session. Felazone.com cannot and will not be liable for any loss or
damage arising from your failure to comply with this requirement. You agree
that if You provide any information that is untrue, inaccurate, not current or
incomplete or Felazone.com has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, or not in
accordance with the Terms of Use, Felazone.com has the right to indefinitely
suspend or terminate or block access of Your membership with Felazone.com and
refuse to provide You with access to the website.
If you are a non-registered user you agree that
upon reviewing the order at the website a user account will be auto created for
you and the access to the same will be communicated to your email address
provided.
Services
Felazone.com Platform
is a platform provided by Felazone.com to its Users to list their Products on
the Felazone.com Platform and to buy the Products listed on the Felazone.com
Platform by various Users registered with Felazone.com.
Felazone.com Platform,
as may be amended from time to time and shall be deemed to be incorporated in
these Terms and Conditions by way of reference. Unless expressly stated
otherwise, any new features that augment or enhance the current Services and/or
Indirect Services shall be subject to these Terms and Conditions.
COMMUNICATIONS
When you use the website or send emails or other
data, information or communication to Felazone.com, You agree and understand
that you are communicating with Felazone.com through electronic records and you
consent to receive communications via electronic records from Felazone.com
periodically, as and when required. Felazone.com may communicate with you by
email, SMS, telephone or by such other mode of communication, electronic or
otherwise. Your use of the website entitles you to receive periodic communication
regarding Felazone.com services through email, SMS, telephone or by such other
mode of communication, electronic or otherwise. If you wish to not receive
periodic informational communication from Felazone.com You can unsubscribe to
the communication by writing to us at care@felazone.com
CHARGES
Membership on the Website is free for buyers.
Felazone.com does not charge any fee for browsing and buying on the Website.
Felazone.com reserves the right to change its Fee Policy from time to time. In
particular, Felazone.com may at its sole discretion introduce new services and
modify some or all of the existing services offered on the Website. In such an
event Felazone.com 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 Felazone.com.
USER CONDUCT & RULES
You agree and undertake to use the website strictly
abiding by the following principles.
- You
shall not upload, publish, host, transmit, display, modify, update or
share any information that, at the sole discretion of Felazone.com:
- is racial, harmful, sexual, harassing, defamatory, obscene,
pornographic or otherwise unlawful in any manner whatsoever;
- involves an illegal or unauthorized use of copyrighted work;
- does not belong to You and to which You have no rights;
- refers to any website or URL that contains material that is
inappropriate for Felazone.com;
- Contains software viruses, computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
resource;
- shall not be false, inaccurate or misleading;
- You
will not promote or try to gain unauthorized access or exceed the scope of
authorized access to Felazone.com and its connected network.
- You
will not interfere with another user's use of the Felazone.com Website.
- You
will not violate any law currently in force in India or outside.
- You
will not attempt or otherwise impersonate another person during the use of
Felazone.com website.
- You
will not engage in or forward chain letters, surveys, contests, pyramid
schemes with any association to Felazone.com.
- You
will not use any automatic device, program, or methodology including but
not limited to “deep-link”, “page-scrape”, “robot”, “spider” or other such
means, or any similar manual process, to access, acquire or copy any
portion of the Felazone.com website or any content within.
- You
will not attempt to gain unauthorized access to any portion or feature of
Felazone.com website, or any other systems or networks connected to
Felazone.com Website.
- You
will not probe, scan or breach the vulnerability of Felazone.com website
or any network connected to Felazone.com website.
- You
will not engage in any activity that inflicts an unreasonable or abnormal
load on the Felazone.com website or any systems or networks connected to
the Felazone.com.
- You
will not use the website or any content for any purpose that is unlawful
or prohibited by these Terms of Use.
- You
will not violate any of the terms and conditions of this agreement or any
other terms and conditions contained elsewhere within Felazone.com.
GOVERNING LAW
This Agreement shall be governed by and interpreted
and construed in accordance with the laws of India. The place of jurisdiction
shall be exclusively in Patna.
INTELLECTUAL PROPERTY RIGHTS
All material on this site, including images,
illustrations, graphics, utility models, designs, know-how, trade secrets and
inventions (patent pending), goodwill, source code, meta tags, databases, text,
content, icons, and hyperlinks, are protected by copyrights, trademarks are
owned and controlled by Felazone.com unless otherwise noted. You agree not to
use, copy, reproduce, republish, or distribute any content from the website in
any way directly or indirectly without prior written authorization from Felazone.com.
PAYMENT
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:
- 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.
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.
3. Before
shipping / delivering your order to You, We 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.
4. You,
as a Buyer, understand that upon initiating a Transaction You are entering into
a legally binding and enforceable contract with the Felazone.com to purchase
the products and /or services from us using the Payment Facility, and you shall
pay the Transaction Price through Your Issuing Bank.
5. You,
as a Buyer, shall electronically notify Payment Facility using the appropriate
Felazone.com Website features immediately upon Delivery or non-Delivery within
the time period as provided in Policies. Non notification by You of Delivery or
non-Delivery within the time period specified in the Policies shall be
construed as a deemed Delivery in respect of that Transaction. In case of Cash
on Delivery transactions, Buyer is not required to confirm the receipt of
products or services.
6. You,
as a Buyer, shall be entitled to claim a refund of the Transaction Price (as
Your sole and exclusive remedy) in case You do not receive the Delivery within
the time period agreed in the Transaction or within the time period as provided
in the Policies, whichever is earlier. In case you do not raise a refund claim
using Website features within the stipulated time than this would make you
ineligible for a refund.
7. You,
as a Buyer, understand that the Payment Facility may not be available in full
or in part for certain periods (due to maintenance activities).
8. Except
for Cash on Delivery transaction, refund, if any, shall be made at the same
Issuing Bank from where Transaction Price was received.
9. For
Cash on Delivery transactions, refunds, if any, will be made via demand draft
or cheque in favour of the Buyer (As per registration details provided by the
Buyer, unless specified otherwise).
10. Refund shall be made in
Indian Rupees only and shall be equivalent to the Transaction Price received in
Indian Rupees.
11. For electronics
payments, refund shall be made through payment facility using NEFT / RTGS or
any other online banking / electronic funds transfer system approved by Reserve
Bank India (RBI).
12. Refund shall be
conditional and shall be with recourse available to Felazone.com in case of any
misuse by Buyer.
13. Refund shall be subject
to Buyer complying with Policies.
14. Felazone.com reserves
the right to impose limits on the number of Transactions or Transaction Price
which Felazone.com may receive from on an individual Valid Credit/Debit/ Cash
Card / Valid Bank Account/ and such other infrastructure or any other financial
instrument directly or indirectly through payment aggregator or through any
such facility authorized by Reserve Bank of India to provide enabling support
facility for collection and remittance of payment or by an individual Buyer
during any time period, and reserves the right to refuse to process
Transactions exceeding such limit.
15. Felazone.com reserves
the right to refuse to process Transactions by Buyers with a prior history of
questionable charges including without limitation breach of any agreements by
Buyer with Felazone.com or breach/violation of any law or any charges imposed
by Issuing Bank or breach of any policy.
16. Felazone.com may do
such checks as it deems fit before approving the receipt of/Buyers commitment
to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for
security or other reasons at the discretion of Felazone.com. As a result of
such check if Felazone.com is not satisfied with the creditability of the Buyer
or genuineness of the Transaction / Transaction Price, it will have the right
to reject the receipt of / Buyers commitment to pay Transaction Price.
17. All Valid Credit /
Debit/ Cash Card/ and other payment instruments are processed using a Credit
Card payment gateway or appropriate payment system infrastructure and the same
will also be governed by the terms and conditions agreed to between the Buyer
and the respective Issuing Bank and payment instrument issuing company.
18. All Online Bank
Transfers from Valid Bank Accounts are processed using the gateway provided by
the respective Issuing Bank which support Payment Facility to provide these
services to the Users. All such Online Bank Transfers on Payment Facility are
also governed by the terms and conditions agreed to between Buyer and the
respective Issuing Bank.
REFUND POLICY
Felazone.com offers a 5 days exchange and refund
policy subject to the following conditions:
- Clothes
and footwear are not used (other than for trial), altered, washed, soiled
or damaged in any way;
- Original
tags and packaging should be intact. For items that come in branded
packaging, the box should be undamaged;
- Innerwear,
lingerie, socks and clothing freebies are not covered under the return
policy;
- In the
event that the good received are damaged or defective, the customer must
inform Felazone.com within 2 days of receiving the shipment and an
immediate replacement will be sent at Felazone’s cost.
5. For
more information, kindly check our privacy policy.
RIGHTS AND OBLIGATIONS OF THE USER BEING
SELLER
- The
User and/or third party selling the Products, shall be solely responsible
for:
- procuring and keeping all licenses, registrations,
authorizations and clearances under applicable laws valid with respect to
the Products and the business carried on by the User selling the
Products, from time to time, including all municipal local, state and
central registrations and permits for safe storage of the Products within
the designated area, sales tax registrations etc.
- all statutory compliances and timely payment of all
statutory dues, including and not limited to taxes, cesses etc. relating
to sale of Product by the User and/or third party being seller to the
User being buyer through the Felazone.com Platform/User/third party site,
as and when the dues become payable to the relevant statutory
authorities.
- the clearance of the Products from customs in case of imported
Products, clearance of Products in case of inter-state movement and
timely filing of all statutory returns including sales tax returns;
obtaining sales tax assessment orders etc. at its own cost and expense
(if applicable); and
- The
User and/or third party, selling the Products acknowledges that it shall
at all times have marketable and legal ownership and title in respect of
all Products offered on the Felazone.com Platform and shall pass on
marketable and legal ownership and title to the User buying the Products,
upon completion of a Transaction.
- The
User and/or third party selling the Products hereby grants Felazone.com
and its associates and representatives for the purposes of Services and/or
Indirect Services to rendered in accordance with these Terms and
Conditions, a non-exclusive, royalty-free, sub-licensable, limited license
to use, display and reproduce the trademarks, service marks and logos
and/or any other content provided by the User to Felazone.com for display
on its Felazone.com Platform and/or the User website. The User and/or third
party hereby confirms that it has the requisite right/permission to use
the said marks, logos and/or other content as may be provided by it to
Felazone.com, and to grant permission to use as stated herein. Without
prejudice to the other rights available to Felazone.com under these Terms
and Conditions and the Policies.
- The
User and/or third party have necessary permissions for selling the
Products online at the discounted rate. User and/or third party also have
necessary permission to publish logo of the brands pertaining to the
Products listed on the Felazone.com Platform (if applicable).
PAYMENT TO USER'S SELLING THEIR PRODUCTS ON
THE FELAZONE.COM PLATFORM
- The
User selling its Products Pan India i.e. on national level shall be
entitled to receive payments for the Products sold through the
Felazone.com Platform within 15 (fifteen) days from pickup of Product
subject to Product being delivered to User being buyer and same not being
returned. In case of local area deliveries, the User selling its Products
shall be entitled to receive payments for the Products sold through the
Felazone.com Platform within 2 (Two) days from date of delivery of
Product, subject to Product being delivered to User being buyer and same
not being returned or as per the prevailing payment policies of
Felazone.com. The User hereby agrees that Felazone.com shall be entitled
to deduct the Fee in relation to each Transaction, payable by a User to
Felazone.com for the Services against the payments required to be made by
Felazone.com to the User for the Products sold through the Felazone.com
Platform. However, a User shall not be entitled to receive payments for
the Products sold through the Felazone.com Platform from Felazone.com, if:
- any transaction is suspected to be or is unlawful or
unenforceable, as determined by Felazone.com in its sole discretion; or
- if a Transaction is not completed or any Product sold through the
Felazone.com Platform is returned by a User being buyer of the Product or
remains undelivered to the such User being buyer of the Product; or
- If User has used Felazone.com discount vouchers maliciously or
fraudulently.
- The
User selling its Products accepts and confirms that the account
reconciliation and payment mechanism offered by Felazone.com is fair and
adequate for sale of the Products through the Felazone.com Platform.
- The
aforementioned payment terms for Users selling the Products shall not be
applicable for third parties providing the intangible Products through the
Felazone.com Platform and the same shall be governed by the agreement
executed between such third party and Felazone.com.
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 site are provided on “as is” and “as
available” basis without any representation or warranties, express or implied
except otherwise specified in writing. Without prejudice to the forgoing
paragraph, Felazone.com does not warrant that this Website will be constantly
available or available at all.
Felazone.com 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. Felazone.com 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.
You will be required to enter a valid phone number
and email address while placing an order on the Website. By registering your
phone number and email address with us, you consent to be contacted by us via
phone calls, SMS notifications and emails, in case of any order or shipment or
delivery related updates.
Copyright Notice
COPYRIGHT ©2014 Felazone.com ALL RIGHTS RESERVED.
This disclaimer/terms of service notification is subject to change without
notice