Welcome to the “The loom
story”. If you continue to browse and use this website you are agreeing
to comply with and be bound by the following terms and conditions of
use. The use of this website is subject to the following terms of use:-
Customer is required to read and accept all of the terms
and conditions laid down in this Terms and Conditions (“Terms and
Conditions” or “TERMS AND CONDITIONS” or “Terms” or “Agreement”) and the
linked Privacy Policy, before you may use www.theloomstory.com. By
accessing or using the Service, you agree that you have read,
understood, and agree to be bound by these Terms of Use (the
“Agreement”), whether or not you are a registered user of our Service.
The Site allows you to browse, select and purchase Clothing or Fabric.
As a condition of purchase, the Site requires your
permission to send you administrative and promotional emails. We will
send you information regarding your account activity and purchases, as
well as updates about our products and promotional offers. Please see
our Privacy Policy for details. We shall have no responsibility in any
manner whatsoever regarding any promotional emails or SMS/MMS sent to
you. The offers made in those promotional emails or SMS/MMS shall be
subject to change at the sole discretion of the Company and the Company
owes no responsibility to provide you any information regarding such
change. By placing an order, you make an offer to us to purchase
products you have selected based on standard Site restrictions, Merchant
specific restrictions, and on the terms and conditions stated below.
You are required to create an account in order to purchase any product
from the Site. This is required so we can provide you with easy access
to print your orders and view your past purchases.
Description of Services
In the Site, We provide users with access to clothing and fabric that can be purchased at the price mentioned on the site
Membership Eligibility
Use of the Site is available only to persons who can form
legally binding contracts 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 Site. If you are a minor i.e. under the age of 18
years, you shall not register as a member of the Site and purchase any
items on the Site. As a minor if you wish to purchase an item on the
Site such purchase may be made by your legal guardian or parents who
have registered as users of the Site. We reserve the right to terminate
your membership and refuse to provide you with access to the Site if it
is brought to our notice or if it is discovered that you are under the
age of 18 years.
Your Information (or any items listed)
“Your Information” is defined as any information you
provide to us or other users of the Site in the registration process, in
the feedback area, bulletin board, chat service etc. or through any
e-mail feature. You are solely responsible for Your Information, and in
accordance with certain features of the Site we may only act as a
passive conduit for your online distribution and publication of Your
Information.
Equipment
The User shall be responsible for obtaining and
maintaining telephone, computer hardware and other equipment needed for
access to and use of the Site and all charges related thereto. The
Company shall not be liable for any damages to the User’s equipment
resulting from the use of the Site.
Colors
While we have made every effort to display as accurately
as possible the colours of the products that appear on the Site, we
cannot guarantee that your monitor or screen’s display of any colour
will be completely accurate, as computer monitors and screens of
electronic devices vary.
Electronic Communications
When You use the Site or send emails or other data,
information or communication to us, You agree and understand that You
are communicating with us through electronic records and You consent to
receive communications via electronic records from us periodically and
as and when required. We will communicate with you by email or by an
electronic record on our Site which will be deemed adequate service of
notice / electronic record.
Pricing Information in case of SALE by us
We strive to provide you with the best prices possible on
products and/or services you buy from us; however, we do not guarantee
that the price will be the lowest in the city, region or geography.
Prices and availability are subject to change without any prior notice.
The prices mentioned on the Site are not subject to comparison with the
same or similar product(s) and/or service(s) available through any
online or offline sale. The pricing is subject to our pricing policy and
the prices shall be determined only at our sole discretion.
Cancellations by the User
In case of requests for order cancellations, we reserve
the right to accept or reject requests for order cancellations for any
reason. As part of usual business practice, if we receive a cancellation
notice and the order has not been processed / approved by us, we shall
cancel the order and refund the entire amount. A request for
cancellation of order shall be valid and accepted only if they are made
within 24 (twenty four) hours of making the order on the Site. We will
not be able to cancel orders that have already been processed or orders
for which request for cancellation is made after the expiry of 24
(twenty hours) from making the order. We have the full right to decide
whether an order has been processed or not. The User agrees not to
dispute the decision made by us and accepts our decision regarding the
cancellation.
Fraudulent /Declined Transactions
We may constantly monitor the user’s account in order to
avoid fraudulent accounts and transactions. Users with more than one
account or availing our services fraudulently shall be liable for legal
actions under applicable law and we reserve the right to recover the
cost of goods, collection charges and lawyers fees from persons using
the Site fraudulently. We reserve the right to initiate legal
proceedings against such persons for fraudulent use of the Site and any
other unlawful acts or omissions in breach of these terms and
conditions. In the event of detection of any fraudulent or declined
transaction, prior to initiation of legal actions, we reserve the right
to immediately delete such account and dishonour all past and pending
orders without any liability. For the purpose of this clause, we shall
owe no liability for any refunds.
We as a merchant shall be under no liability whatsoever
in respect of any loss or damage arising directly or indirectly out of
the decline of authorization for any Transaction, on Account of the
Cardholder having exceeded the preset limit mutually agreed by us with
our acquiring bank from time to time.
Credit Card Details
You agree, understand and confirm that the credit card
details provided by you for availing of services on the Site will be
correct and accurate and you shall not use the credit card which is not
lawfully owned by you, i.e. in a credit card transaction, you must use
your own credit card. You further agree and undertake to provide the
correct and valid credit card details to us. Further the said
information will not be utilized and shared by us with any of the third
parties unless required for fraud verifications or by law, regulation or
court order. We will not be liable for any credit card fraud. The
liability for use of a card fraudulently will be on you and the onus to
‘prove otherwise’ shall be exclusively on you.
Delivery
We endeavour but do not guarantee to deliver the products
to Users within 7-4 weeks from the day of close of sale depending upon
the shipping location.
Please note we insure each purchase during the time it is
in transit until it is delivered to your specified delivery address. We
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 signature by them (or at that
delivery address) is evidence of delivery and fulfilment by us of our
obligation, and transfer of responsibility in the same way. Kindly note
that we aim to dispatch all orders within 24 to 48 hours. Estimated
delivery 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.
Further, we may at times be unable to deliver the
confirmed order(s) to you and the reason for the same could be
inclusive of but not limited to the following:
- Unavailability of the relevant product;
- Poor/improper/defective quality of the relevant product ascertained through our quality audit process; and
- Inaccuracies or errors in product or pricing
information. In the event of any circumstance(s) as aforementioned; you
shall not be entitled to any damages or monetary compensation.
In the event we are unable to deliver the confirmed
order(s) as mentioned hereinabove and the payment for such order(s) has
been made by you through your credit/debit card, the amount paid by you
while placing the order(s) on the Site will be reversed back in your
card account.
Trademarks
The trademarks, logos and service marks (“Marks”)
displayed on the Site are our property and/or the property of the
respective persons. Users are prohibited from using any Marks for any
purpose whatsoever without our prior written permission or such third
party which may own the Marks. All information and content including any
software programs available on or through the Site (“Content”) is
protected by copyright. Users are prohibited from modifying, copying,
distributing, transmitting, displaying, publishing, selling, licensing,
creating derivative works or using any Content available on or through
the Site for commercial or public purposes.
The Site contain copyrighted material, trademarks and
other proprietary information, including but not limited to text,
software, photos, video, graphics, music, sound, and the entire contents
of the Company protected by copyright as a collective work under the
applicable copyright laws. The Company owns a copyright in the
selection, coordination, arrangement and enhancement of such content, as
well as in the content original to it. Users may not modify, publish,
transmit, participate in the transfer or sale, create derivative works,
or in any way exploit, any of the content, in whole or in part. Users
may download / print / save copyrighted material for the User’s personal
use only. Except as otherwise expressly stated under copyright law, no
copying, redistribution, retransmission, publication or commercial
exploitation of downloaded material without the express permission of
the Company and the copyright owner is permitted. If copying,
redistribution or publication of copyrighted material is permitted, no
changes in or deletion of author attribution, trademark legend or
copyright notice shall be made. The User acknowledges that he/she/it
does not acquire any ownership rights by downloading copyrighted
material. Trademarks that are located within or on the Site or a website
otherwise owned or operated in conjunction with the Company shall not
be deemed to be in the public domain but rather the exclusive property
of the Company, unless such site is under license from the trademark
owner thereof in which case such license is for the exclusive benefit
and use of the Company, unless otherwise stated.
This Agreement sets forth the entire understanding and agreement between you and us with respect to the subject matter hereof.
If you breach this Agreement, and the Privacy Policy or
the documents they incorporate by reference and we take no action
against you, we will still be entitled to use our rights and remedies in
any other situation where you breach the aforesaid.
The Company may terminate this Agreement at any time.
Without limiting the foregoing, the Company shall have the right to
immediately terminate any passwords or accounts of the User in the event
of any conduct by the User which the Company, in its sole discretion,
considers to be unacceptable, or in the event of any breach by the User
of this Agreement. Notwithstanding any other provisions of this
Agreement, or any general legal principles to the contrary, any
provision of this Agreement that imposes or contemplates continuing
obligations on a party will survive the expiration or termination of
this Agreement.
Governing Law
This Agreement, and the Privacy Policy or the documents
they incorporate by reference shall be governed and construed in
accordance with the laws of India, with exclusive jurisdiction conferred
on the courts at Aurangabad, Maharashtra, INDIA.