The following terms and conditions constitute a legally binding contract (this "Agreement") between the customers and users (“you” or “your” or “Customers”) and Fashion Keeda (as defined below) that governs all use by you of the www.fashionkeeda.com website (the "Site") and the services available on or at the Site (taken together with the use of the Site, the "Services") and associated platform if any. For all parts of the world, “Fashion Keeda” means Fashion Keeda, an India-based merchant. We’ll refer to Fashion Keeda and all of its subsidiaries and affiliated companies collectively as "Fashion Keeda", "we", "our", "us", etc. Fashion Keeda is an independent content platform and an online merchant of lifestyle and fashion products (“Products”).
The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein. We also have other policies and procedures including, without limitation, Shipping, Return Policy, Privacy Policy and others. Those policies contain additional terms and conditions, which apply to the Services and are part of this Agreement. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THIS AGREEMENT. FURTHERMORE, BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE SITE, YOU ACCEPT AND ARE BOUND BY THIS AGREEMENT. If you do not agree to this Agreement, do not use the Site or any other Services.
If you use our Services only for your personal use, you are considered a "User".
REGARDLESS OF WHERE YOU LIVE IN THE WORLD, SECTION 12 OF THIS AGREEMENT REQUIRES THAT ALL DISPUTES (AS DEFINED BELOW) ARISING FROM OR RELATING TO THIS AGREEMENT BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN BY JURY TRIAL OR CLASS ACTIONS, EXCEPT AS OTHERWISE PROVIDED BY SECTION 12.
In order to enjoy all of Fashion Keeda's benefits, you may register your account and become a member ("Member"). Membership requires that you register on the Site (including by truthfully filling out all required personal information). You may opt out of marketing and promotional activities, including emails. You may cancel your membership at any time by canceling it online on the Site. To complete registration, you shall provide a name, surname, email address and password. You may never use another user's Fashion Keeda account without permission from that user. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Fashion Keeda immediately of any breach of security or unauthorized use of your account. Although Fashion Keeda will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Fashion Keeda and others due to such unauthorized use.
Fashion Keeda may change, suspend or discontinue the Services, Products, fees, charges, terms at any time, including the availability of any feature or content. Fashion Keeda may also impose limits on certain features and Services or restrict the User's access to parts or all of the Services without notice or liability. If you are an individual (rather than an organization or entity), then you certify to Fashion Keeda that you are at least 18 years of age. If you are using the Services on behalf of an organization or entity then you certify that you are legally authorized and permitted to bind such organization or entity to this Agreement and use the Services. Notwithstanding the aforementioned, you agree to take full responsibility for your selection and use of the Services. This Agreement is void where prohibited by law, and the right to access or use the Services is revoked in such jurisdictions.
Fashion Keeda hereby informs you that you are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing any information that:
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belongs to another person and to which you do not have any right;
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is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
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harms minors in any way;
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infringes any patent, trademark, copyright or other proprietary rights;
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violates any law for the time being in force;
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deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
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impersonates or defames another person; or
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contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
You are also prohibited from:
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violating or attempting to violate the integrity or security of the Platforms or the Fashion Keeda Content;
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transmitting any information on or through the Platforms that is disruptive or competitive to the provision of Services by Fashion Keeda;
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intentionally submitting on the Platforms, false or inaccurate information;
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using any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs, Easter eggs, cancel bots, intelligent agents etc.) to navigate or search the Platforms;
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attempting to decipher, de-compile, disassemble or reverse engineer any part of the Platforms; or
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copying or duplicating in any manner any of the Fashion Keeda Content.
You are also obligated to:
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refrain from acquiring any ownership rights by downloading the Fashion Keeda Content;
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read the Agreement and agree to accept the terms and conditions set out therein;
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refrain from copying or modifying the Fashion Keeda Content available on the Platforms for any purpose;
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comply with all applicable laws in connection with your use of the Platforms;
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not refuse the delivery of purchased Products except when damages and deficiencies can be identified upfront at the time of delivery; and
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use the Products for personal, noncommercial use.
You hereby authorize Fashion Keeda to declare and provide declarations to any Governmental authority on request on your behalf, including that the Products ordered by you are for personal, noncommercial use.
Fashion Keeda may disclose or transfer information provided by you to its affiliates in India and other countries, and you hereby consent to such transfer. In terms of the SPI Rules, Fashion Keeda can transfer sensitive personal data or information to any other body corporate or a person that ensures the same level of data protection that is adhered to by Fashion Keeda as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Fashion Keeda or any person on its behalf and the User or where you have consented to such data transfer.
Without affecting orders for European Economic Area Users which Fashion Keeda has already confirmed, Fashion Keeda reserves the right, at its sole discretion, to modify this Agreement and its terms, as well as the fees and other charges for our Services, at any time. All such modifications will become effective immediately after Fashion Keeda posts them on the Site. You shall be responsible for reviewing and becoming familiar with all such modifications, and you agree to review the terms of this Agreement each time you access or use the Site so that you are aware of any modifications made to this Agreement.
Use of the Site and other Services by you after Fashion Keeda posts the modifications on the Site constitutes your acceptance of the terms and conditions of this Agreement, as modified. If you do not agree to the modified terms, you are not authorized to access or use the Site or other Services, and you must send Fashion Keeda a written notification, including via email (and your Fashion Keeda account will be deleted), to close your account within 30 days of notice.
You may choose to save your billing information to use it for all future orders and charges associated with Fashion Keeda Products and/or Services. In such cases, you also acknowledge and agree that this information will be stored and processed by third party PCI DSS compliant service providers.
When you order a Product, or use a Service that has a fee, you will be charged, and you agree to pay, the fees in effect at the time the order is placed. We may change our fees from time to time (for example, when we have holiday sales, offer you free shipping etc.). We may choose to temporarily change the fees for our Services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site or inform you individually. The sale will be submitted for processing and you will be charged as soon as you confirm it. You may then receive an email from us.
By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder's express permission to utilize the card to effect payment. In case of an unauthorized use of a payment method, you will be personally liable for, and shall reimburse Fashion Keeda for damages resulting from such unauthorized use.
With regard to payment methods, you represent to Fashion Keeda that (i) the billing information you supply to us is true, correct, and complete and (ii) to the best of your knowledge, charges incurred by you will be honored by your financial institution (including but not limited to credit card company) or payment service provider.
If you make any return which does not comply with our return policies, you will reimburse Fashion Keeda for its losses, which consist of fulfillment costs and charge-back handling fees.
We may refuse to process a transaction for any reason or refuse to provide Services to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.
Unless stated otherwise, you may choose currency from the options available at the Site in which all fees and payments will be quoted. You are responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you may receive an email from us with the details and description of the Products ordered. Payment of the total price plus taxes and delivery must be made in full before the dispatch of your Products.
Fashion Keeda at its sole discretion may offer you various discounts, as well as change, suspend or discontinue them at any time. You may find more information about the available discounts at the Site, in the marketing and promotional emails or via other channels or events Fashion Keeda may use or participate in.
While many component parts of our Products are standard, all Products available for purchase are described on their specific page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers.
We have a policy of continuous Product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of Products, their price, packaging, and any Service associated at any time, without prior notice. Before ordering, we invite you to have a close look at the Product description and design.
We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colors and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.
Your order is purchase of a Product for which you have paid the applicable fee and/or other charges that we have accepted and received. Any Products in the same order which we have not accepted do not form part of that contract. We may choose not to accept any orders at our sole discretion.
Orders are placed and received exclusively via the Site. Before ordering from us, it is your responsibility to check and determine full ability to receive the Products. Correct name of the recipient, delivery address and postal code/zip code, up-to-date telephone number, and email address are absolutely necessary to ensure successful delivery of Products.
All information asked on the checkout page must be filled in precisely and accurately. Fashion Keeda will not be responsible for missed delivery because of a wrong or misspelled recipient name or surname, delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, phone number, or any other special requirements, please contact Fashion Keeda.
Once you have confirmed your order, it might not be possible to edit or cancel it. If you want to change some parameters, Customer addresses, etc., please check whether such an option is available in your account. We are not bound to make such modifications to your order, but we will do our best on a case-by-case basis.
The risk of loss of, damage to and title for Products pass to the customer upon our delivery to the carrier. It shall be the customer’s responsibility to file any claim for a lost shipment if carrier tracking indicates that the Product was delivered. In such a case, Fashion Keeda will not make any refunds and will not resend the Product. For Users in the European Economic Area the risk of loss of, damage to and title for Products will pass to the customer when the customer or a third party indicated by the customer has acquired the physical possession of the Products.
If carrier tracking indicates that a Product was lost in transit, the Customer may make a written claim for replacement of (or credit to the Member’s account for, if and as applicable) the lost Product in compliance with Fashion Keeda’s Return Policy. For Products lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date. All such claims are subject to Fashion Keeda’s investigation and sole discretion.
We deliver to most places in the world. The customers are liable for delivery costs. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address.
Some Products are packaged and shipped separately. We cannot guarantee delivery dates and to the extent permitted by law accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Average time for delivery may be shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order can be subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make Product delivery as simple as possible.
Ownership of the Products will only pass to you after we receive full payment of all sums due in respect of the Products, including delivery charges and taxes.
All the intellectual property used on the Platforms by Fashion Keeda, including the Fashion Keeda Content, shall remain the property of Fashion Keeda, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or of any third party hosting such intellectual property on the Platforms.
Except as provided in the Agreement, the materials may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Fashion Keeda, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or any third party hosting such material on the Platforms, as the case may be.
If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at fashionkeeda@gmail.com and let us know of your concerns.
To the fullest extent permitted by law you release us and all other Fashion Keedal Parties from any and all claims and demands, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses incurred or suffered by any Fashion Keeda Party, of every kind and nature, known and unknown, relating to or arising out of any right, claim, or matter (a) which is disclaimed by Fashion Keeda (or for which Fashion Keeda provides no guarantees) under this Agreement, or (b) for which Fashion Keeda is otherwise indemnified or released by you under this Agreement.
To the fullest extent permitted by law you will defend, indemnify, and hold Fashion Keeda and the other Fashion Keeda Parties harmless from any claim or demand made by any third party (including, any representative of the Customer), as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses of every kind and nature, known and unknown, incurred or suffered by the Fashion Keeda Parties, relating to or arising out of (a) your breach of this Agreement, (b) your use (or misuse) of our Services, (c) your information,or (d) your violation of any law or the rights of a third party etc. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
This Agreement, and all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims, are governed by the laws of India, subject to the exclusive jurisdiction of the courts at Mumbai, Maharashtra, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live or are located. Notwithstanding the aforementioned, nothing in this Agreement, including the aforementioned choice of law provision, affects your rights as an User living in the European Economic Area or Switzerland to rely on any mandatory provisions of the law of the country in which you are resident.
For Users in the European Union: Alternatively, you can contact the consumer center in your country or you can decide to access the platform for alternative extra-judicial resolution of disputes provided by the European Commission.
Fashion Keeda will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in Fashion Keeda’s performance under this Agreement when such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, such as any fire; flood; earthquake; governmental action; war, invasion or hostilities; national emergency; explosion; terrorist threat or act; riot or other civil unrest; insurrection; epidemic; pandemic; lockout, strike or other labor dispute (whether or not relating to our workforce); inability or delay in obtaining supplies; telecommunication breakdown; or power outage.
You represent that you grant us with your necessary personal data and the permissions to use that data to fulfill this Agreement.
To ensure full customer support and a higher quality of service, Fashion Keeda can sign in to customers/ users accounts as a customer.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such sections. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
Fashion Keeda reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time. If you are a User in the European Economic Area and such transfer or assignment may reduce your guarantees under this Agreement, then Fashion Keeda will ask for your permission beforehand.
If you have any questions about this Agreement, please email us at fashionkeeda@gmail.com.