Please read these Terms and Conditions carefully before proceeding to place an order and/or visiting/accessing our Website. By using this Website and/or placing an order via this Website it shall be deemed that You have accepted all the terms and conditions after going through them thoroughly which are detailed here and further have agreed to remain legally and contractually bound with the same.


1.Introduction:


1.1 In this contract:

We', 'Us' , 'Our' , “Website”, “Pooja Peshoria” means Pooja Peshoria, having its registered office at Plot No. 4, 14/3, Mathura, Faridabad, Haryana, India; 


and


'You', 'Your' , ‘User’ means the person using our Website to buy goods/products/garments/items from us. 


1.2 The contents set out herein form an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and as amended from time to time. As such, this document does not require any physical or digital signatures and forms a valid and binding agreement between the Website and the User. These Terms are made available to the user pursuant to and in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules, regulations, privacy policy and Terms for access or usage of the Website


1.3 The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". 


1.4 This Website may contain links to other Websites, which are not operated by the Website, and the Website has no control over the linked sites and accepts no responsibility for them or for any loss or damage that may arise from Your use of them. Your use of the linked sites will be subject to the terms of use and service contained within each such site.


1.5 We reserve the right to change these terms at any time. Such changes will be effective when posted on the Website. Notwithstanding the foregoing, by continuing to use the Website after we post any such changes, You accept the terms as modified.

1.6 We reserve the right to terminate your access to the Website (including any services offered as part thereof)

2 Eligibility to use

 

2.1 Use of the Website is available only to such persons who can legally contract under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. shall not be eligible to use the Website.

 

2.2 Any minor desirous to use or transact on Website, is required to conduct such transaction through their legal guardian or parents.

 

2.3 The Website reserves the right to terminate any membership and / or refuse to provide access to the Website if it is brought to the Website’s notice or if it is discovered that the person accessing/using the Website is under the age of 18 years.

 

2.4 By accepting the Terms or using or transacting on the Website, you irrevocably declare and undertakes that you are of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between the You and the Website to the extent permissible under applicable laws.

 

3 Taxes and Duties

3.1 For deliveries within India:

All taxes and duties are included in the price of the product.

 

3,2 For deliveries outside India: 

All deliveries outside India are undertaken on a DDU (Delivery Duty Unpaid) basis. This means that product prices displayed and amount paid at the time of checkout/order confirmation are exclusive of all import duties, custom fees, and local taxes, other related charges etc. As the recipient of the product, You are liable for all import duties, customs fees, local taxes, other related charges etc, levied by Your country/country of import . Payment of these taxes or duties is necessary for delivery of product(s). 


3.3 We are not to be held responsible/liable for any damages of product and delays in delivery  due to non-payment/delayed payment of such charges, taxes duties etc.


4. Nature of Product

4.1 We aim to provide the truest representation of the product, however we do not guarantee exactness as to the finish or appearance of the product/garment as ordered/purchased by You. All our products are made to order styles and mostly hand finished and hand embroidered. There may be variations in the product received in comparison to what is visible on screen/ordered. 


Variations may include but not be limited to:


i. Colours: Photography lighting, editing, different appearances/resolutions on screens etc and other devices may result in variation of colours.


ii. Embroidery and setting: As most embroideries are by hand, variation in sizes/styles, etc may result in variation of embroidery pattern, design and setting.


iii. Fabrics: Fabrics may appear different due to photography lighting, editing and more. Slubs and weave imperfections are inherent in fabrics and are not faults.


iv. Trims and embroidery materials: All products are made on order there may be variations in some of the embroidery materials, trims etc. used at our discretion.


v. Fit and sizing: You may require alterations in the product/garment to ensure that it fits properly. Garment measurement will vary from body measurements as specified on the size chart/measurement provided by You depending on the fit and style of the garment.


vi. Quality: Although we aim to provide high quality standards, there is a possibility that the quality of any products purchased or obtained by You may not meet Your expectations. 


4.2 We try to provide accurate information regarding raw materials, other materials etc on the Website and we purchase accurate materials to our knowledge. However as all raw materials are purchased from third party vendors, we do not take guarantee/responsibility for the same.


4.3 We have taken precautions to avoid inaccuracies in content; this Website, all content, information, software, products, audio or video and related graphics are provided as is, without warranty of any kind. Pooja Peshoria is not obligated to provide any physical preview of the object either before or after the sale.


5. Returns and Exchanges

5.1 As we make all orders/garments on special order and made-to-order and as a standard policy we do not accept returns or exchanges.


However if the product/garment is received in damaged condition or if there are defects please send us an email/whatsapp with the images and detailed description within 48 hours of receiving the product. We will repair/rectify the product.


It is only after we confirm via email/whatsapp are you to deliver the product back to us safely in original/tagged/unused condition in original packaging for repair/rectification. Please note that email confirmation is subject to checking and confirmation after receiving the physical piece. Please note that all courier/shipping charges to and fro are to be borne by you.


Once received we will send you a confirmation email. Upon undertaking a quality test and inspecting the product, we will inform you about our decision with respect to acceptance or rejection of the products within 2 (two) working days of receiving the product. 


5.2 In the rare case that the product cannot be rectified we will issue a credit note for the same which will be valid for 6 months and redeemable only at www.poojapeshoria.com or directly at Pooja Peshoria Flagship store(s). All credit notes issued will be issued on product base value at which it was sold to you, and exclusive of all taxes, shipping duties and other charges. Please note that we may charge for shipping on the product(s) paid for by the credit note. Import duties, taxes and other related charges may be levied to you on those products..


5.3 Please note that we will not accept any kinds of returns/exchanges on discounted products/garment or sale products/garments.


5.4 Unsolicited returns will not be accepted and Pooja Peshoria will not be liable to the safety/return of the product/garment.


6. Cancellations

6.1 You may choose to cancel your order within 24 hours of placing your order. In said case we will issue you a credit note which will be valid for 6 months. The credit note can only be redeemed at www.poojapeshoria.com (website) or Pooja Peshoria Flagship store(s)


7. Refusal/inability to deliver orders/products

7.1 We reserve the complete right to refuse complete or parts of Your orders. We may be unable to deliver and/or refuse the confirmed order(s) to You. The reason for the same could be inclusive of but not limited to unavailability of raw materials and related products, quality problems and inaccuracies or errors in product or pricing information.


In such circumstances, we will initiate a refund for the said amount, provided the corresponding payment/amount has already been received by us.


7.2 We will not be liable to You for any direct or indirect, punitive, incidental, special, consequential or exemplary loss suffered by You due to refusal/non-delivery of Your order or delay in Your refund or delay in informing You about non-acceptance/refusal of Your order.’


8 Refunds


8.1 We will only initiate a refund in the case that we/Pooja Peshoria refuses to accept / deliver an order.  Said refund shall be made at the same issuing bank through which the Product was purchased. For payments made through electronic means like debit card, credit card, net banking, wallet etc. refund shall be made using the same payment mode.


8.2 All refunds shall be made in Indian Rupees only.

8.3 We will not be liable for any damages, interests or claims etc. resulting from non-processing an order or any delay in processing an order which is beyond control of the Website/ our control..

9. Custom Measurement/ Made to Measure


9.1 We provide the facility of producing the product to custom measurement/ made to measure garments. There may be an additional charge for size, custom requirement which will be emailed to You post checkout. Order will only be accepted once said amount is received by us.


10. Alterations


10.1 Should You require alterations, please inform us within seven (7) days of receiving the product with a detailed email including corresponding photos and videos. If we are able to alter the garment we will send You a confirmation on the email and provide an estimated alteration time and charges. It is only then, are You to send the garment to the address mentioned in our email. 


10,2 Alterations may be on chargeable basis and will include any shipping costs, which shall be incurred/borne by You. We will not be liable for any damages/demands due to delays/damages caused during alterations and shipping/transits.


11. Product Care


11.1 Our products/garments are to be dry cleaned only. Garments/products are to be packed in sealed plastic when not in use. Our garments/products are to be handled with utmost care.


11.2 Our product/garment fabrics are delicate and are susceptible to snags, rips, tears etc. They are not for hard wearing. Atmosphere, poor quality cleaning, perfumes, etc may lead to changes and/or deterioration in colours and quality of product.


12. Shipping and Delivery


12.1 Standard Shipping is free within India. For international orders Rs. 4500 will be charged for standard shipping on all orders. In the case that You require a shorter duration courier/shipping, additional charges will be levied on to You for the same. 


12.2 Delivery and shipping times are estimated and are not guaranteed. 


12.3 Estimated shipping times are to be used as a guide only and commence from the date of dispatch. We are not responsible for any delays caused by third party delivery agencies and/or due to time required for statutory clearances during the delivery process.


12.4 We reserve the right to deliver Your order in parts/instalments. Should the goods/products be delivered in instalments each delivery will constitute a separate contract. If You fail to take delivery of the goods, we may at our discretion charge You for the additional shipping cost.


12.5 For international deliveries, a porch or door delivery is done. We do not require a signature for any goods delivered, at which point responsibility for Your purchased goods passes to You. If You have specified a third party recipient for delivery purposes (for example as a gift) then You accept that evidence of a porch delivery at the address given (or at that delivery address) is evidence of delivery and fulfilment by us of our obligation. It shall be deemed to be understood that the delivery consisting of complete goods are delivered successfully to You without the need of providing any kind of proof of delivery .


12.6 All orders/products are shipped by standard third-party courier services. We are not to be held liable for errors/manhandling/damage to the product due to them.


13. Force Majeure


13.1 We will not be held liable for any loss or failure to perform any obligation due to events such as storms, tsunami, fire, floods, earthquake, lockdown, outbreak of any contagious diseases, or any other acts of God or any governmental act or industrial dispute(s), strikes, labour unrest, civil commotion, riots, terrorist attack, war, poor environment/weather conditions, mechanical break-down, obstruction of any public or private road/highway, or any other circumstances beyond our control.


13.2 Due to any of the reasons mentioned above or any other reason beyond our control, please expect delays in Your shipping date and deliveries. We will not be liable for any damages/demands due to the same and we will not accept requests for cancellations of orders/parts of orders due to the same.


14. Content


14.1‘Content’ is defined as any graphics, photographs, including all images, rights, sounds, music, video, audio or text on this site. We try to ensure that the information on this site is accurate and complete. But we do not promise that our content is accurate or error-free. We cannot guarantee that our content or the server that makes it available, are free of viruses or other harmful components. 


14.2 Your use of the site and its content grants no rights to You in relation to any intellectual property rights relating to the content. All such content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this site are protected by national intellectual property and other laws and international treaty provisions. Any reproduction or redistribution of the content is prohibited and may result in legal action against You.


14.3 Electronic Communication


14.4 You will be required to provide a valid phone number and email address while placing an order with us. We may communicate with You either by e-mail, short message services (SMS), Whatsapp, phone calls or by posting notices on the Website or by any other mode of communication to fulfil Your order. Thus for contractual purposes, You consent to receive communications including SMS, e-mail, WhatsApp or phone calls from us with respect to Your order or any offers or promotions. You are also responsible to provide accurate details. 


15. Pricing


15.1 All references to ‘Rupee/INR’ on the Website refer to Indian currency.


15.2 The pricing of the products on the Website are not guaranteed to be the lowest. The prices mentioned on the Website are not subject to comparison with the same or similar product(s)/garment(s) available/displayed at our or other stores, Websites, magazines etc.


15.3 The prices of the products/garments shall be decided at the sole discretion of Pooja Peshoria. The prices are subject to change at any time, without any notifications. Further the prices and availability of product(s)/garments(s) are liable to change without any prior notice from Pooja Peshoria.


15.4 The price at which order was placed will be treated as the final price of the product for that order. Changes in price on the Website, or promotions/discounts, missed opportunities to avail discounts, reductions/increased in price etc will not affect the confirmed order. However in case there has been an error/inaccuracy in pricing on our part, due to inaccuracy on the Website or otherwise, we will email/contact You informing the same. We will either request the balance amount from You, or we will refund the excess amount to You. In the case that the amount received by Pooja Peshoria is lesser than the value of the product, the order of the particular product will only be confirmed once the complete amount is received. 


16. Payment


16.1 Prices for Products are described on our Website and are incorporated into these terms by reference. All prices are in Indian rupees. 


16.2 A coupon code can only be used once by one user. If due to an error or our or Your part, the same coupon code is applied more than once, we will email/contact You requesting the balance amount to be paid to us. The order will only be confirmed/accepted post receiving full payment/amount.


16.3 We may enter into agreements with third party payment gateway aggregators and financial institutions authorized by the Reserve Bank of India for collection, refund and remittance and to facilitate payments. 


16.4 While availing any of the payment method/s available on the Website, the Website will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

  1. Lack of authorization for any transaction/s, or

  2. Exceeding the preset limit mutually agreed by and between the User and relevant banks of the User, or

  3. Any payment issues arising out of the transaction, or

  4. Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a User;

  5. Decline of transaction for any other reason(s)

16.5 Notwithstanding anything contained herein, we reserve the right to conduct additional verification for security or other reasons if it is not satisfied with the credibility of the user.

17. Account, Password, and Security


17.1 You may access the Website and the products either by registering to the Website or using the Website as a guest. However, a guest user may not have access to all sections of the Website including certain benefits/promotional offers, which shall be reserved only for the purpose of registered users, and which may change from time to time our sole discretion.

17.2 If You wish to register Yourself with the Website, You shall be required to create an account by registering through Your email account or by filling in the details prescribed in the Website registration form. You will then receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for any and all activities that occur under Your password or account. You agree to (a) immediately notify us 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. We/ www.poojapeshoria.com cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section or for any losses occurring thereto. You, as the User, waive any claims against the Website for any loss and damage suffered by You on account of Your failure to comply with the Terms and reasonably expected good practices in this regard.

17.3 If You learn or are made or become aware of any instance of hacking or misuse of You account, it shall without delay notify us of the same. Additionally, registered users may be held liable for losses incurred by the Website for any loss or damage caused as a result of failure in maintaining security by the relevant User.

17.4 If You provide any information that is untrue, false, not updated, and incomplete, or we have reasonable grounds to believe that such information is untrue, false, not updated, incomplete, we shall have the right to suspend or terminate Your account and refuse any and all current or future use of the Website (or any portion thereof).

17.5 The Website may be inaccessible for such purposes as it may, at its sole discretions deem necessary, including but not limited to regular maintenance. However, under no circumstances will we/ Pooja Peshoria be held liable for any losses or claims arising out of such inaccessibility to You and You expressly waive any claims against us in this regard.

17.6 You may be required to provide certain personal information and expressly permit us to access and/or collect and retain such personal information of Yours. Such provision and/or collection, storage, retention, use and disclosure of the personal information of the Users shall be subject to our privacy policy available at www.Pooja Peshoria.com/privacy_policy

18. Severability


18.1 If any provision of these Terms is void, or is so declared, such provision shall be severed. The Terms shall otherwise remain in full force and effect. The other terms and conditions shall remain in force with full rigour and the severing term / clause shall in no manner affect other terms and conditions.


19. Change of terms


19.1 Pooja Peshoria has the complete right to amend, modify any terms, conditions and points of this contract without any prior intimation or notice from Pooja Peshoria


20. User Conduct and rules


20.1 You agree and undertake to use the website 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 accessing/using the Website, you will not:


  1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.

  2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

  3. 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 consent.

  4. 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/device/mobile phone etc.

  5. Conduct or forward surveys, contests, pyramid schemes or chain letters.

  6. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner.

  7. 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.

  8. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service.

  9. Violate any applicable laws or regulations for the time being in force in or outside India.

  10. 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.

  11. Exploit any of the services.


20.2 Moreover, we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that Users conduct violates applicable law or is harmful to our interests.


20.3 You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about the Website, its associates, proprietor, employees and partners on any property owned or operated by the Website or elsewhere.


21. Indemnity and Release:


21.1 You shall indemnify and hold harmless Pooja Peshoria, its subsidiaries, associates, consultants, contracted parties, etc.,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 terms or any policy/document incorporated by reference or Your violation of any laws, rules, regulations or the rights of a third party.


21.2 You hereby expressly release Pooja Peshoria and/or its associates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of Pooja Peshoria vendors, courier companies or other parties and specifically waiver any claims or demands that You may have in this behalf under any statute, contract or otherwise. 


21.3 The Website is operated, designed and serviced by Notation Software Labs Pvt. Ltd. which is exclusively responsible for operating and managing the same in accordance with the provisions of the Law. Pooja Peshoria is not to be held liable for acts, harm, virus attacks, malware etc caused by them intentionally or unintentionally by them.


21.4 The website is hosted and powered and managed by third party vendors, servers, firms etc and Pooja Peshoria shall not be held liable for acts, harm, virus attacks, malware etc on their part caused intentionally or unintentionally


22. Notices and Communication


22.1 Any communication or notice to us may be delivered to Pooja Peshoria, Plot no. 4, 14/3, Mathura Road, Faridabad, Haryana, India or via email to poojapeshoria@gmail.com


22.2 We shall send notices to You electronically to the e-mail address provided by You, via WhatsApp to the provided number, or by sending a physical notice either by recognised courier service, prepaid post to the address provided by You. All means shall be deemed to be valid and effective service of notice by us.


23. Governing Law and Jurisdiction:


23.1 These terms and conditions shall be governed by and construed in accordance with the laws of Republic of India.


23.2 Any dispute or difference either in interpretation or otherwise, of any conditions of the terms and conditions hereto, the same shall be referred to exclusive jurisdiction of courts at Faridabad, Haryana, India .