Terms And Conditions
The Modiste owns and operates this Website. Access to and use of this Website and the products and services available through this Website are subject to the following terms, conditions and notices. By using the Services, you are agreeing to all of the Terms and Conditions, as may be updated by us from time to time. The terms, and your relationship with The Modiste under the terms, shall be governed by the laws of India. You should check this page regularly to take notice of any changes we may have made to the Terms & Conditions.
Accessing Our Site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
Disclamer of Liablity
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law The Modiste and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
You agree to indemnify, defend and hold harmless The Modiste, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms and Conditions.
Intellectual Property Ownership
You acknowledge and agree that The Modiste owns all legal right, title and interest in and to the offering, including any intellectual property rights which subsist in the offering (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the offering may contain information which is designated confidential by The Modiste and that you shall not disclose such information without The Modiste's prior written consent. Unless The Modiste has otherwise agreed in writing, nothing in the terms gives you a right to use any of The Modiste's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You additionally agree that in using the offering, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
Uploadnig Viruses, Hacking And Other Offences
You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
You agree that you will not promote, host, display or implement the Service on any websites that contain:
- Indecent, obscene or pornographic material, hate speech, highly explosive subject matter (as determined by The Modiste), defamatory, obscene, gambling related, discriminatory, deceptive, abusive spyware, adware, or other malicious programs or code, unsolicited mass distribution of email, or any illegal subject matter or activities
- Incorporate any materials that infringe or assist others to infringe on any copyright, trademark or other intellectual property rights.
- Create false personas, multiple identities, multiple user Accounts, set up an Account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate these Terms and/or the terms of service of any third-party applications or social networks through which the Service is accessed.
Linking to Our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
Terms Of Sale
Currently we offer our customers Cash on Delivery option (COD) and you will only be charged for the pieces that you keep. The price of the Products will be as quoted from time to time, except in cases of obvious error. Product prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay.
If you want to return any of the products in your shipment, simply place them in the return package we provide and hand it over to our delivery boy. You will not be charged any return fee. Returned products must be returned no later than a day after you receive the package (the "Return Date"). Any exceptions permitting a return longer than a day after the return date must be requested in a timely manner and may be granted at the sole discretion of The Modiste. All items to be returned or exchanged must be unused and in their original condition with all original tags and packaging intact, and should not be broken or tampered with. Unfortunately, we cannot guarantee that you will be able to exchange or replace any item. We will perform a quality check before sending you the pieces but if you find any defect in any of the piece that we have sent, you can simply return it to us.
Our clients enjoy free shipping both ways as a benefit of using our service. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions including a contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, snow, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks.
Cancellation of order
If you decide to cancel the order at any point in time you must let us know within 2 days of placing the order.