Terms of service
INTRODUCTION
Welcome to Clothe Funn, a registered trademark of Shree Amar Textiles, 4, Tiljala Road, Entrance through 5, Tiljala Road, Kolkata-700039, West Bengal, India. In this terms of use (“Terms of Use”), “we”, “our” and “us” refers to Clothe Funn & Shree Amar Textiles as the owners of this website (www.clothefunn.in & www.clothefunn.com) (“Website”) and/or their subsidiaries, affiliates (collectively, “CLOTHE FUNN”) and “you” refers to the user of the Website. By using this website, you agree to abide by the terms and conditions listed below. We reserve the right, at any time, to modify, alter or update these Terms of Use, and you agree to be bound by such modifications, alterations or updates.
SITE CONTENT
All materials, including illustrations, photographs, products, images, artworks, designs, texts, graphics, logos, button icons, images, audio clips and software (collectively “Content”) appearing on this Website are owned or controlled by CLOTHE FUNN and are protected by worldwide trademark and copyright laws. The Content of the Website, and the Website as a whole, are intended solely for your personal, non commercial use of the Website. You may not download Content from this Website, or otherwise modify, obscure or delete any copyright or other property notices on the Website. No right, title or interest in any materials and software, if applicable, on this Website is transferred to you from the use of this computer. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, this Website, or any software related thereto.
REGISTRATION
In order to purchase products, you must create an account, which requires you to provide some information including your name, address and contact number. You will also have to create a username and a password. Please note that you will be fully responsible for maintaining the confidentiality of your Account and your Password and for restricting access to any unauthorized users. We shall not be liable for any damages that may occur due to unauthorized usage of your account. We urge you to keep your information secure and to frequently update your password to reduce the chance of illegal usage of your account. If we have reason to believe that there is a chance of a security breach or misuse of the clothefunn.in website, we may need you to change your password or in extreme cases, we reserve the right to suspend your account without bearing any liability for the same. The information provided by you must be accurate, true and current and you are responsible for updating said information. If you provide us with information that is false, inaccurate or non-current or we have reason to believe the same, we reserve the right to suspend your account and prohibit you from accessing the website, without any liability being borne by us.
MEMBERSHIP ELIGIBILITY
This site may only be used by people who can form legally binding contracts under the applicable law. As per the guidelines of the Indian Contract Act 1972, people who are “incompetent to contract” will not be allowed to use this site. Those who are under the age of 18 but are a minimum of 13 years old may only use this website under the supervision of a parent or legal guardian who agrees to abide by the terms and conditions of the site. We reserve the right to cancel your account and prohibit you from accessing the site if we find out that you are under the age of 18.
ACCURACY OF INFORMATION
The information on this Website has been compiled by CLOTHE FUNN from internal and external sources. No representation or warranty is given as to the completeness or accuracy of such information. Any reliance on the material on this Website is at your own risk. This Website may contain typographical errors, incomplete or out of date information, CLOTHE FUNN reserves the right to make changes to the information in this Website, or to services described therein, or update such information at any time without notice, but CLOTHE FUNN makes no commitment to correct or update this information.
SHIPPING POLICY
We strive to fulfil your orders in an accurate and timely manner and deliver products that are in a good condition. To this end, we partner only with reputed national courier companies to dispatch your orders. There are no shipping charges for any orders. All orders placed with us are shipped within 24-48 hours of being received. If a particular order has to be delayed due to unforeseen circumstances, we will notify you of the same. After dispatch, orders are generally delivered within 3 days in major cities and for other locations it may take 10-15 days depending upon the pin code. Once the order is dispatched, we will send you an email/sms containing the tracking information so that you can track the status of your order at any time.
CANCELLATION POLICY
Clothefunn.in reserves the right to cancel any order for any reason. This may occur due to errors in product/pricing information, shortage of product quantity, suspicion of fraudulent transactions, etc. In such cases, we will inform you accordingly if your order has been cancelled. If you have already paid for the order, the same amount will be returned to you through the original method of payment.
If you request to have your order cancelled and the order has not been dispatched by us, you will be entitled to a full refund which will be processed through the original method of payment. Orders that have already been dispatched will not be subject to cancellation and you will have to refer to our return policy for such orders. You hereby agree that ClotheFunn’s decision regarding these matters will be final and will not be subject to dispute from you (the customer) or any other parties.
RETURN & EXCHANGE POLICY
Clothefunn.in has an easy 7 day return policy. We accept returns for products upto 7 days from the date of delivery. To initiate a return, send us an email at info@clothefunn.in with your Order ID and the reason for return. We will contact you and arrange for a pickup through our courier partners. In case of manufacturing defects, or delivery of the wrong product we will replace the defective product and send you a fresh one. For all other issues including size issues, you will be responsible for the costs involved in reverse shipping. Once we receive the product, we will send you a confirmation email confirming the receipt of the same. You will then have the option of receiving the same product in a different size. Alternatively, you may choose to get a voucher equivalent to your purchase amount less the reverse shipping charges with a validity of 1 month which may be applied towards your next online purchase on our website. Please note here that for any returns to be processed, the item must be sent back to us in a sellable condition with the tags intact and we will not accept returns for products which are clearly worn, washed, soiled or display noticeable signs of wear and tear. You may certainly try the product but please attempt to maintain its original condition or you may find that your order is not eligible for a return.
CREDIT CARD AND ANTI-FRAUD POLICY
In case you are making payment through a credit card, you hereby confirm that all details provided by you are true and accurate and you may not use any credit card of which you are not the lawful owner. The credit card information provided by you will be kept confidential and will not be shared with third parties unless required for fraud verifications or by legal order under a court of law. Clothefunn.in will not be liable for any cases of credit card fraud. When using a credit card, the entire liability for the same shall be borne by the owner of the card. Furthermore, we reserve the right to recover the cost of goods as well as any other fees that may be incurred from people who use the site for fraudulent purposes. We also reserve the right to initiate legal proceedings against anybody who uses the website for fraudulent or any other unlawful purposes which breach the terms and conditions of the agreement.
ELECTRONIC COMMUNICATION POLICY
Using our website or sending us emails constitute electronic means of communication. You must agree to receive electronic communication from us, which may be through emails or by messages posted on the website itself. Any electronic communication must be deemed to satisfy any legal requirements, which would otherwise be required in a written form.
PRIVACY POLICY
We respect your privacy and strive to keep your personal information secure at all times. We do not share your personal information with third parties except to provide products or services requested by you or without obtaining your unambiguous consent to share your information. The only other situation where we would be obliged to share your personal information is if required to do so by a court of law, in accordance with the legal rules and regulations. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, we would like to point out that no means electronic transmission or storage is 100% secure. Thus, while we strive to protect your personal information by using the best standard industry practices, we cannot guarantee its absolute security. By using the website, you acknowledge the risks involved and agree not to hold Clothefunn.in liable in case of a security breach of the website.
OWNERSHIP OF INTELLECTUAL PROPERTY
All trademarks, service marks and trade names on this Website are proprietary to CLOTHE FUNN. No use of any of the Content may be made without the prior written authorization of CLOTHE FUNN. The logos, designs, advertisements and images described and/or displayed on this Website may be the subject of other intellectual propriety rights owned by CLOTHE FUNN or other third party. No license is granted with respect to these intellectual property rights. This Website and all of its Content and the selection and arrangement thereof, is protected as a compilation under the applicable copyright laws.
INDEMNITY AGREEMENT
You agree to indemnify and hold CLOTHE FUNN harmless from and against any and all claims, damages, costs and expenses, including but not limited to attorney’s fees, arising from or related to the use of this Website, or from reliance upon any information contained in this Website.
APPLICABLE LAW
If there is a dispute about CLOTHE FUNN’s policies and procedures or your use of the Website, it shall be determined by arbitration in India, before a sole arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. Such arbitration will take place in Kolkata. The award shall be final and binding on all the concerned parties.
WEBSITE SECURITY
You are forbidden from violating or attempting to violate the security of the site, including, but not limited to, (a) accessing data not intended for you or logging onto a server or an account which you are not permitted to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without obtaining the relevant written permission from Clothefunn.in; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Clothefunn.in will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including but not limited to browsers, spiders, robots, avatars or intelligent agents) to navigate or search this site other than the search engine and search agents available from Clothefunn.in on this site and other than generally available third party web browsers (e.g., Google Chrome, Mozilla Firefox).
DISCLAIMER
This information, services, products and materials contained in this Website, including without limitation, text, graphics, video, audio and hyperlinks, are provided “As Is” and without warranties of any kind, either express or implied. CLOTHE FUNN disclaims all representations and warranties, express or implied, with respect to such information services, products and materials, including but not limited to warranties of merchantability and fitness for a particular purpose, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance to the fullest extent permissible pursuant to applicable law. You acknowledge, by your use of this Website, that your use of this Website is at your risk, that you assume full responsibility for all costs associated with any necessary servicing or repairs of any equipment you use in connection with your use of this Website, and in no event shall CLOTHE FUNN be liable for any direct or indirect, special, punitive, incidental, exemplary, or consequential damages or any damages whatsoever, even if it has been previously advised of the possibility of such damages, arising out or in connection with the use, inability to use, or performance of the information, services, products and materials available from this Website.
Additionally, you acknowledge that all rights, including copyright, in this site are owned by or licensed to Shree Amar Textiles. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited except when permission to do the same is exclusively granted by Shree Amar Textiles. The aforementioned permission must be in written form and legally binding. You are not allowed to alter, distribute or re-post any of the contents of the website for any purpose.