Terms & Conditions
TERMS & CONDITIONS
PLEASE TAKE NOTE ACCESSING, BROWSING OR OTHERWISE USING THE SITE WWW.XCLUSIVEOFFER.COM OR PURCHASES MADE OTHERWISE FROM WWW.XCLUSIVEOFFER.COM (M/S PREMIUM ECOMMERCE) INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
For ease of reference in these Terms & Conditions, references to "you", "User", “Buyer” shall mean the end user accessing the Website, its contents and using the Services offered through the Website and by www.xclusiveoffer.com , "Service Providers" mean independent third party service providers, and "we", "us", “firm” and "our" shall mean www.xclusiveoffer.com and its affiliates.
1. ELECTRONIC RECORD:
The present document and the terms and conditions contained herein, shall constitute and be deemed to be electronic record as defined and in accordance to the provisions of the Information Technology Act, 2000 and the rules made there under, applicable to electronic record, as well as any amended provisions including but not limited to legislations stipulated in various statues relating to electronic records. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is being published on the website in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011.
From time to time, the Firm may also introduce various schemes/policies as promotional activity by way of contests. Please read clause 9 before taking part in such contest and the liability of the Firm in this regard.
Before making any purchase through us, you acknowledge that you have carefully read and understood the terms of service as laid down hereinafter including the extent of our liability in the event should you have any disparity/grievance against the services availed.
3. Membership Eligibility
Use of the www.xclusiveoffer.com Website and/or other services provided by the Firm including but not limited to telephonic purchases is available only to persons who can enter into a legally binding 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. are not eligible to use the www.xclusiveoffer.com Website or place orders telephonically. If You are a minor i.e. under the age of 18 years, you shall not register as a member of the www.xclusiveoffer.com and shall not transact or use www.xclusiveoffer.com website or avail any other services. It is however clarified that whilst registering as a member of the website or placing any order telephonically, the Firm shall solely rely upon the information provided by you and representations made. In the event the information provided is found to be incorrect, You undertake to indemnify the Firm and hold the Firm harmless against any third party civil or criminal claim.
4. User Account, Password, and Security:
Subject to purchases made telephonically, You may register to become a member of the website at your sole discretion. However, for any purchases to be made through the website directly it is mandatory for you to become a member. Upon registering yourself, You will 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 all activities that occur under your password or account. You agree to (a) immediately notify www.xclusiveoffer.com 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. www.xclusiveoffer.com cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.
5. Services Offered:
The website www.xclusiveoffer.com seeks to provide services on end-user basis genuine products, whereby, You can ascertain the products and purchase the same through the Firm. Subject to availability, the products can be purchased in the following manner:
a. Directly through the website:
Upon registering as a member of the website, You may directly purchase the products. Our services enable You to purchase original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands (collectively, "Products"). The payments towards purchase of such products can be through various methods, as offered and available on the website.
b. Telephonic Purchases:
The Products available with the Firm, including any combination of products offered from time to time as well as products sold in promotional activity, may also be purchased through telephonic call. Such telephonic call may be made to the Firm at such time as may be notified on the website from time to time. Additionally, for promotional purposes, the sales representatives/executive may also call the users offering the products. It is clarified that purchase made through such mode shall not be complete unless verbal confirmation of the user to the same. The said verbal confirmation may be recorded and the policies of the Firm governing privacy shall be applicable. Though the Firm shall at all times make reasonable efforts to safeguard the information disclosed, however You acknowledge and understand that disclosure of credit card number/debit card number including Personal Identification Number received to the sales representative, shall be at your risk, cost and consequences.
All sale/purchase of Products including products sold by the firm in promotional activity shall be additionally governed by specific policies including cancellation policy, return and refund policy and all of which be deemed to be incorporated herein by reference.
In addition to the policies mentioned herein concerning the sale and purchase of products either through website or telephonically, every product sold by the firm including products sold in promotional activity through its website or otherwise shall be governed by the respective policies of the respective manufacturer of the product.
7. Limited User:
8. User Conduct and Rules:
You agree and undertake to use the Website and the Service 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 using a Service, you will not:
(a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
(b) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
(c) 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 consents; you own or control the rights thereto or have received all necessary consents;
(d) 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;
(e) Conduct or forward surveys, contests, pyramid schemes or chain letters;
(f) download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
(g) 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;
(h) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
(i) Violate any applicable laws or regulations for the time being in force in or outside India; and
(j) Violate, abuse, unethically manipulate or exploit, any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere.
9. PROMOTIONAL ACTIVITY
In addition to the terms and conditions mentioned herein and the sweepstakes policy of the Firm, participation in any promotional activity/contest introduced/launched by the Firm including but not limited to “3 star rising” contest shall be also governed by the following terms and conditions:
The Firm from time to time as a promotional activity solely with the intent to promote its businesses and the website may launch/offer such services which under no circumstances should be deemed to include gambling, lottery or otherwise. The Firm does not charge any extra money so as to allow You to participate in any contest. Subject to the terms of the contest launched, no purchase or any payment of any kind is necessary to enter or win any contest/sweepstakes/promotional activity. All eligible entries qualify as finalist and have a fair and equal chance to win. It is clarified that purchasing of products from the Firm through website or otherwise and delivery of the same is independent of the outcome of the contest.
Under no circumstances, it should be deemed that participation in the contest/promotion is an assurance/representation/guarantee by the Firm that You shall win the same. The Firm does not represent/assure that purchaser of any products shall at any time be declared as the winner. The winner shall be selected in a lucky-draw through a computer generated program. Purchasing of any products/merchandise does not increase the probability and/or the odds wining the contest. The winner of every contest shall be declared by the Firm on due date and the name of the winner winning every contest shall be uploaded on the website.
10. Exactness Not Guaranteed:
www.xclusiveoffer.com tries to be as accurate as possible on behalf of its vendors. However, www.xclusiveoffer.com does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free. www.xclusiveoffer.com hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. In the event upon receipt of the product purchased You think that the product purchased is not as per the color specification or description, You may put a request at the customer care of the Firm within 14 days from the date of receipt of the product. Replacement of any product purchased shall be as per the terms and conditions defined in clause 11 below.
11. 14 Day Replacement Guarantee
www.xclusiveoffer.com offers you REPLACEMENT WITHIN 14 DAYS FROM THE DATE OF DELIVERY ON THE product/s ordered on www.xclusiveoffer.com i.e within 14 days from the date of delivery of the product/s. If any defect is found or the product purchased does not comply with the color, specification or description as shown on the website, then the buyer of the product/s can ask for replacement of the product/s subject to the following terms and conditions:
11.1 Notify us of any defects or non-compliance with color, specification or description , as the case may be, within 48 hours from the date of delivery and the same product/s will be replaced in return of the defective product/s or the non-complying product.
11.2 Notify us of any other returns the product/s and/or within 5 days from the date of delivery and the same product/s will be replaced in return of the product/s.
11.3 Replacement can be for the entire product/s or part/s of the product subject to availability of the same with www.xclusiveoffer.com only.
11.4 Following products shall not be eligible for return or replacement:
a) The product purchased should be in unwashed and unused condition along with the tags of the manufacturing firm attached;
b) Damages due to misuse of product;
c) Incidental damage due to malfunctioning of product;
d) Any consumable item which has been used;
e) Products with tampered or missing serial/UPC numbers;
f) Any damage/defect which are not covered under the manufacturer's warranty;
g) Any product that is returned without all original packaging and accessories, including the box, manufacturer's packaging if any, and all other items originally included with the product/s delivered;
Disclaimer: "ANY DECISION ON 14 DAY REPLACEMENT GUARANTEE ON THE PRODUCT/S SOLD ON www.xclusiveoffer.com is at the sole discretion of Seller viz the Firm and decision of the Firm shall be final and binding. The Firm reserves the right to withdraw and/or alter from 14 DAY REPLACEMENT GUARANTEE at any time without giving any intimation of whatsoever nature."
12. Cancellation of order
www.xclusiveoffer.com reserves the right to cancel any order without any explanation for doing so, under situation where www.xclusiveoffer.com is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the www.xclusiveoffer.com policy or order has invalid address/incorrect information or for any other reason. However, www.xclusiveoffer.com will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.
The Firm will make a maximum of three attempts to deliver your order. In case You are not reachable or do not accept delivery of products in these attempts, the Firm reserves the right to cancel the order(s) at its discretion. In the event of any failed delivery, the Firm shall refund the money of the products purchased, subject to applicable deduction of shipping, courier, tax etc. By placing any order or purchasing any product on the website or by purchasing any product telephonically, You agree that the title to the goods is transferred to You at the time of placing the Order and dispatch confirmation thereof irrespective of Shipping of Goods and COD which are to be done in due course being a separate chargeable facilities.
14. Refund Policies:
By placing any order on the website or purchasing any product from the sales representative telephonically, you acknowledge and accept that under no circumstances, the Firm shall refund money of the products purchased. In case of any defect/disparity in the product purchased, the Firm subject to the conditions stipulated in clause 11 of this Agreement and subject to availability, shall replace the products purchased.
15. Intellectual Property Rights:
a) Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, www.xclusiveoffer.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to www.xclusiveoffer.com without obtaining authorization from www.xclusiveoffer.com.
b) Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
16. Links to Third Party Sites:
The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of www.xclusiveoffer.com or the Website and www.xclusiveoffer.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. www.xclusiveoffer.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. www.xclusiveoffer.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by www.xclusiveoffer.com or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
17. Disclaimer Of Warranties/Limitation Of Liability:
17.1 In no event shall www.xclusiveoffer.com be liable for any special, incidental, indirect or consequential damages of any kind in connection with this agreement, even if www.xclusiveoffer.com has been informed in advance of the possibility of such damages.
17.2 www.xclusiveoffer.com including its members, directors and key managerial personnel shall not be responsible or liable for any assurances or representations made by any of its sales representative which are in derogation to the terms and conditions contained herein. In the event, any sale is made on the basis of false assurances or representations including with respect to the products sold in promotional activity by any sales representative of the Firm, the firm under such circumstances shall take strict action against the sales representative and shall refund the money subject to the return of the products, if received to the Firm. Notwithstanding, anything contained herein above, the firm shall not assume any liability or refund the money for the products purchased, if:
a. The sale of such products on the basis of false assurance or representation is not brought to the knowledge of the firm within 3 days from the date of placing the order.
b. In case some of the products have been damaged or used by the consumer the same shall not be taken back and no money shall be refunded. However, if only part of the products have been used, money shall be refunded only corresponding to those products which have not been damaged or used and subject to receipt of such products.
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at xclusiveoffer discretion.
a) www.xclusiveoffer.com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.
b) Notwithstanding Section 15.a above, these Terms will survive indefinitely unless and until www.xclusiveoffer.com chooses to terminate them.
c) If you or www.xclusiveoffer.com terminates your use of the Website or any Service, www.xclusiveoffer.com may delete any content or other materials relating to your use of the Service and www.xclusiveoffer.com will have no liability to you or any third party for doing so.
d) You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.
21. Governing Law:
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. In the event of dispute between the parties pertaining to the these terms as well as for any product sold by the Firm through website or sales made telephonically, the same shall be subject to the exclusive jurisdiction of the of the courts at Delhi.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
23. Report Abuse:
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to firstname.lastname@example.org