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User Agreement |
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All information, products and services displayed on the Kimaya Shoppe Ltd
website constitute an "invitation to offer". Your order for purchase constitutes
your "offer" which shall be subject to the terms and conditions as listed below.
Kimaya Shoppe Ltd website has the right to accept or reject your
offer without assigning any reason thereof.
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In order to use the Kimaya Shoppe Ltd
website belonging to Kimaya Shoppe Ltd. (KSL), you (The User) have accepted the
following terms and conditions given below. We (KSL) reserve the right to add, delete,
alter or modify these terms and conditions at any time.
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You (The User) are therefore advised to read
carefully these terms and conditions every time you use the Kimaya Shoppe Ltd
website of KSL.
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1. These terms and conditions cancel all previous,agreements
representations or understandings and shall prevail despite any variance with any
other terms of any order submitted. By using Kimaya Shoppe Ltd
you agree to be bound by these Terms and Conditions.
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2. KSL acts only as a facilitator to facilitate transactions between you (the
User) and vendors through its Kimayashoppe.com KSL, its directors,
officials, representatives and employees shall in no way be held responsible for
any losses, expenses, quality of products or services, damages and/or taxes incurred
by the Users in the use of the facility.
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3. The services of Kimaya Shoppe Ltd are provided on an "as
is" basis at the User’s sole risk without warranties of any kind, whether express
or implied. KSL, it’s directors, employees, agents, affiliates, consultants, contracted
companies make no warranties of any kind, whether expressed or implied, for the
service it is providing or as to the results that may be obtained from use of the
service, or as to the accuracy, reliability or content of any information, service,
or merchandise provided through this website. KSL does not represent or warrant
maintaining the confidentiality of information, though our practice is to make reasonable
efforts to maintain such confidentiality. It is also clearly understood that all
warranties, implied or express, take place between the vendors and the User.
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4. KSL will not be responsible for any damage suffered by users from use of
the services on Kimaya Shoppe.com. This without limitation includes
loss of revenue or data resulting from delays, non-deliveries, missed deliveries,
or service interruptions as may occur because of any act / omission of the vendor.
This disclaimer of liability also applies to any damages or injury caused by any
failure of performance, negligence, defect, deletion, error, omission, interruption,
delay in operation or transmission, computer virus, communication line failure,
theft or destruction or unauthorized access to, alteration of, or use of record,
whether for breach of contract, tortuous behavior, or under any other cause of action.
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5. KSL's Vendor Merchant Partners will take "Full Responsibility" of your
Order, if the Order has been shipped to any of the major cities, where they have
used "Private Courier Companies" (eg. Blue Dart, First Flight, AFL, DTDC,
DHL etc.) to ship your order.
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6. All products are checked, screened and assured by the vendors to ensure
that the products are of the standard, quality, design, composition, style or model
that they are representative of. KSL is neither responsible nor liable in any way
or manner for this.
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7. The prices and availability of products are subject to change without prior
notice at the sole discretion of KSL.
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8. Request for cancellations of orders once placed on Kimaya Shoppe Ltd
shall not be entertained.
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9. KSL reserves the right to refuse or cancel any order placed for a product
that is listed at an incorrect price or for any other reason. This shall be regardless
of whether the order has been confirmed and/or payment been received. The payment
shall be refunded and the User shall be informed of the same.
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10. If a non-delivery or late delivery occurs due to a mistake by the User
(i.e. wrong or incomplete name or address or recipient not available) any extra
cost spent by KSL for re-delivery shall be claimed from the User placing the order.
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11. The User agrees to give accurate, authentic and true information. KSL
reserves the right to confirm and validate the information and other details provided
by the User at any point of time. If any such User details are found not to be true
wholly or partly, KSL has the right in its sole discretion to reject the registration
and debar the User from using the services of Kimaya Shoppe Ltd
and / or other affiliated websites without prior intimation whatsoever.
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12. KSL will not be liable for any type or kind of credit card fraud. The
liability to use a card fraudulently will be on the user and the onus to 'prove
otherwise' shall be exclusively on the user. The User must exclusively use his/her
own card on the site.
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13. KSL shall not be liable for any delay/non-delivery of ordered goods by
the vendors (trade organizations, manufacturers / shops etc.), flood, fire, wars,
acts of God or any cause that is beyond the control of KSL
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14. The User agrees to use the services provided by KimayaShoppe.com,
KSL, its affiliates, consultants and contracted companies, for lawful purposes only.
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15. The User certifies that he/she is at least 18 (eighteen) years of age
or has the consent of a parent or legal guardian.
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16. KSL shall not entertain any complaints after 15 days, once the order is
delivered.
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17. This agreement shall be construed in accordance with the applicable laws
of The Courts at Ahmedabad shall have exclusive jurisdiction in any proceedings
arising out of this agreement.
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