Terms and Conditions

Introduction

Welcome to www.kathiawarstores.com. This website is owned and operated by Kathiawar Stores Jubilee Hills.

These Terms and Conditions (hereinafter "Terms of Use") along with the Privacy Policy, Shipping Policy, and Cancellation, Returns and Refund Policy (together "Policies") as modified or amended, will govern your use of the services and features of the website. The Website is only to be used for your personal, non-commercial use and information.

By using the website, you signify your agreement to the Terms of Use and the Policies, whether or not you have read the same.

Kathiawar Stores reserves the right to change the terms and conditions contained in the Terms of Use or the Policies from time to time and at any time, without notice and in its sole discretion. If Kathiawar Stores decides to change the Terms of Use or the Policies, Kathiawar Stores will post a new version of the Terms of Use and Policies on the website and update the date specified above. Any change or modification to the Terms of Use and the Policies will be effective from the date such Terms of Use and Policies are uploaded on the website. Your continued use of the website following the modifications to the Terms of Use and Policies constitutes your acceptance of the modified Terms of Use and Policies. For this reason, you should frequently review these Terms of Use and the Policies, including their dates, to understand the terms and conditions to the use of the website.

If you do not agree to any of the terms enumerated in the Terms of Use or the Policies, please do not use the Website. You are responsible to ensure that your access to this Website and material available on or through it are legal in each jurisdiction, in or through which you access or view the Website or such material.

PRIVACY PRACTICES

We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Site. Your continued use of the Site implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by Kathiawar Stores in accordance with the terms of and purposes set forth in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of Kathiawar Stores.

YOUR ACCOUNT

This Site is directed to be used by adults only. We assume that any minor, if at all, accessing our Site is under the supervision of their guardians. Kathiawar Stores or its associates do not knowingly collect information from minors. You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer/device, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature.

If you are accessing, browsing and using the Site on someone else’s behalf; you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Site resulting from such access or use of the Site in whatsoever nature

If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the 'Contact Information' provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to Kathiawar Stores.

We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in Kathiawar Stores’ best interests to do so. You are solely responsible for all contents that you upload, post, email or otherwise transmit via the Site.The information provided to us shall be maintained by us in accordance with our Privacy Policy.

PRODUCT & SERVICES INFORMATION

Kathiawar Stores attempts to be as accurate as possible in the description of the product on the Website. However, Kathiawar Stores does not warrant that the product description, colour, information or other content of the Website is accurate, complete, reliable, current or error-free. The Site may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product.

Kathiawar Stores reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted ) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the product or services.

PRODUCT USE & SERVICES

The products and services available on the Website, and the samples, if any, that Website may provide you, are for your personal and/or professional use only. The products or services, or samples thereof, which you may receive from us, shall not be sold or resold for any/commercial reasons.

In case any products or beauty services purchased / received / availed causes side effects or doesn’t suit you, please note that Kathiawar Stores is in no manner responsible for any manufactural side-effects or service provider and manufacturer or service provider of the product or service shall be solely responsible for such side effects and consumer complaints. You should carefully read the individual terms and conditions in relation to the products and beauty services and consult a specialist before the use of the same.

RECOMMENDATION OF THE PRODUCT & SERVICES

Any recommendation made to you in the Site during the course of your use of the Site is purely for informational purposes and for your convenience and does not amount to endorsement of the product or services by Kathiawar Stores or any of its associates in any manner.

PRICING INFORMATION

Kathiawar Stores strives to provide accurate product and pricing information, however errors may occur.

Kathiawar Stores cannot confirm the price of the product until you make the order. If a product / service is listed at an incorrect price or with incorrect information due to any technical error, Kathiawar Stores shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered or the service has already been availed by you. In the event that an item is wrongly priced, Kathiawar Stores may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered and the services are availed, your offer will not be deemed accepted and Kathiawar Stores will have the right to modify the price of the product/ service and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of order, or cancel the order and notify you of such cancellation. In the event that Kathiawar Stores accepts your order the same shall be debited to your credit card/ debit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Kathiawar Stores’ dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to your credit / debit card account.

PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES PROVIDED OR OFFERED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF Kathiawar Stores. Kathiawar Stores may revise and cease to make available any product/ services at any time. In the event, Kathiawar Stores is unable to deliver the product to you on time or at all, you will be notified by an e-mail and your order will be automatically cancelled due to unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. Kathiawar Stores shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.

CANCELLATIONS, REFUNDS AND RETURNS

Please refer to our Cancellation, Refunds and Returns Policy provided on our Site.

MODE OF PAYMENT

Payments for the products available on the Site may be made in the following ways:

  • Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, UPIs and reward points.
  • Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.
  • Cash On Delivery option is not available.

SHIPPING AND DELIVERY

Please refer to our Shipping and Delivery Policy provided on our Site, as amended from time to time.

USER CONTENT

The information, photo, image, text, software, data, graphics, messages, videos or other materials transmitted, uploaded, posted, emailed or otherwise made available to us ("User Content "), are entirely your responsibility and we will not be held responsible, in any manner whatsoever, in connection to the User Content. You agree to not encourage or assist or engage others as well as yourself in transmitting, hosting, displaying, uploading, modifying, publishing transmitting, updating or sharing any information that

  1. belongs to another person and to which the user does not have any right to;
  2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, trolling, propaganda or otherwise unlawful in any manner whatever;
  3. harm minors in any way;
  4. infringes any patent, trademark, copyright or other proprietary rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  7. impersonate another person;
  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

Kathiawar Stores shall in no way be held responsible for examining or evaluating User Content, nor does it assume any responsibility or liability for the User Content. Kathiawar Stores does not endorse or control the User Content transmitted or posted on the Site by you and therefore, accuracy, integrity or quality of User Content is not guaranteed by Kathiawar Stores. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will Kathiawar Stores be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against Kathiawar Stores for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.

You hereby acknowledge that Kathiawar Stores has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and further reserves the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, Kathiawar Stores has the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and further reserves the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

If you wish to delete your User Content on our Site or in connection with our mobile applications, please contact us by email at info@kathiawarstores.com and request you to include the following personal information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our Site and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 30 business days to process your deletion request.

Governing Law and Jurisdiction

The Terms of Use and the Policies, shall be construed in accordance with the website APPLICABLE laws of India. For proceedings arising therein the Courts at Hyderabad shall have exclusive jurisdiction.

Any dispute or difference either in interpretation or otherwise, of these Terms and Conditions, and other Policies on the website, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by Kathiawar Stores and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Hyderabad.

Indemnity

You agree to defend, indemnify and hold harmless Kathiawar Stores, its employees, Partners, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Kathiawar Stores or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under the Terms of Use, or arising out of the your violation of website APPLICABLE laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the Terms of Use.

Termination

These Terms of Use are effective unless and until terminated by either you or Kathiawar Stores.

You may terminate the Terms of Use at any time, provided that you discontinue any further use of the website.

Kathiawar Stores may terminate the Terms of Use at any time and may do so without notice, and accordingly deny you access to the website, Such termination will be without any liability to the website

Upon any termination of the Terms of Use by either you or Kathiawar Stores, you must promptly destroy all materials downloaded or otherwise obtained from the website, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use shall not cancel your obligation to pay for the product already ordered from the website or affect any liability that may have arisen under the Terms of Use.

Disclaimer of Warranty and Limitation of Liability

All content, products, and services on the website, or obtained from the website to which the website is linked are provided to you "as is" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.

All warranties, if any, relating to the product and services would be provided by the manufacturer/supplier of such product and not by Kathiawar Stores. Any claim in relation to such warranties should be raised against the respective manufacturer/supplier and not Kathiawar Stores in any case whatsoever.

The website may at times provide content from other Internet sites,apps or resources and while Kathiawar Stores tries to ensure that material included on the website is correct, reputable and of high quality, it will not accept responsibility if this is not the case. Kathiawar Stores will not be responsible for any errors or omissions or for any loss or damage caused by reliance on such information.

While Kathiawar Stores aims to make the website accessible 24 hours per day, 7 days per week, the website may be unavailable from time to time for any reason including, and without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Kathiawar Stores , access to the website may be interrupted, suspended or terminated from time to time. Kathiawar Stores shall have the right at any time to change or discontinue any aspect or feature of the website, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the website may discontinue disseminating any portion of information or category of information.

Kathiawar Stores, its suppliers, subsidiaries, affiliates, officers, employees, agents, partners and licensors, shall not be liable for any damages of any kind arising out of or in connection with the use of the website or the purchase of products from the website. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT website LIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, indirect, incidental, PUNITIVE, special, incidental, consequential or exemplary damages, damages for loss of profits, goodwill, use, data or other intangible losses, WHETHER IN TORT OR CONTRACT OR UNDER ANY APPLICABLE LAW.

Kathiawar Stores, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the website or that the operation of the website will be error free and/or uninterrupted. Consequently, Kathiawar Stores assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the website; and/or any interruption or errors in the operation of the website.

You understand that by using this website or any services provided on the website, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the website and any service at your sole risk and that to the fullest extent permitted under website APPLICABLE law, Kathiawar Stores and its affiliates shall have no liability to you for content that may be deemed offensive, indecent, or objectionable to you.

Kathiawar Stores through its website intends to provide its users with general information about beauty and healthcare topics and products. The website encourages its Users to interact with Kathiawar Stores and its employees by asking questions that enables the user to obtain information of a general nature pertaining to beauty and healthcare topics. The postings on the website or on social networking websites, including the website's Facebook page, or any information provided over chat or e-mails exchanged with Kathiawar Stores, its employees or representatives (collectively referred to as "Information") which are in furtherance of any communication made by the user with Kathiawar Stores, its employees or representatives is based on the background provided by the user. The Information is not intended to constitute personal medical advice or be used for any medical diagnosis or treatment. While Kathiawar Stores takes reasonable care to ensure that the Information is accurate, Kathiawar Stores takes no responsibility for the accuracy, completeness, website appropriateness or usefulness of the Information. For any specific medical conditions or issues, Users are advised to seek opinion from a certified medical practitioner. In case any User relies on the Information, he/she may do so at his or her own risk. Under no circumstances will Kathiawar Stores , its employees, representative or affiliates be liable for the Information or the consequences of relying on such Information.

For any general information posted on the website, users must not infer or assume that such information necessarily relates to them.

In keeping with Kathiawar Stores’ objective of providing its users with general information about beauty and healthcare topics and products, Kathiawar Stores engages experts having knowledge in their respective fields ("Experts") to respond to queries posted by users. Any information provided by the Experts, either over the website, through e-mails, chat rooms or on social networking websites, including the website's Facebook page (collectively referred to as "Expert's Opinion") is based on the Expert's personal opinion. The Expert's Opinion is not intended to constitute personal medical advice or be used for any medical diagnosis or treatment. Kathiawar Stores takes no responsibility for the accuracy, completeness, website appropriateness or usefulness of the Expert's Opinion. In case any user relies on such Expert's Opinion, he/she may do so at his or her own risk. Under no circumstances will the Company, its employees, representative or affiliates be liable for such Expert's Opinion or for the consequences of relying on such Expert's Opinion.

This disclaimer constitutes an essential part of this Terms of Use.

Website Security

You are prohibited from violating or attempting to violate the security of the website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, and without limitation, via means of submitting a virus to the website, overloading, "flooding," "spamming," "mail bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any 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.

Kathiawar Stores is entitled to 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 without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents available from Kathiawar Stores on this website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

The Users are also expressly prohibited in doing the following:

(a) Use of any "deep-link","page-scrape", "robot", "spider" or other automatic device, program, or any similar or equivalent manual process, to access or monitor any portion of the Website/Application or any Content;

(b) To duplicate, reproduce, sell, resell or transfer proprietary information or material which are available on the Website.

c) Copy, distribute and indulge in plagiarism with website content;

d) Make any unauthorized use of Website/Application in any manner which is inconsistent with any applicable laws or regulations including but not limited to the Information Technology Act, 2000;

e) Impersonate or falsely represent yourself with any person or entity or any other user and interfering in their use of Website;

f) Attempt to hack, reverse engineer or edit HTML source code;

g) Systematically retrieve data or other content from our Website or Services to create or compile, directly or indirectly, in single or multiple downloads, a compilation, database, directory or the like, whether by manual methods, through the use of automated devices, or otherwise;

Intellectual Property Rights

Kathiawar Stores name and logo is trademark of Kathiawar Stores. The use of the website does not in any way grant any license or right to use of the said trademark to any person. Further, the trademarks and logos of the brands displayed on the website are the intellectual property of the respective companies and Kathiawar Stores shall not be liable for any infringement of such intellectual property by any user.

Severability:

Should any part of this Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.

Waiver: Our failure to enforce any provision shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Force Majeure:

We shall have no liability to the user for the matters where it is beyond our control including but not limited to Act of God, War, Black-outs, curfews, Orders of the Government etc.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to website APPLICABLE law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and Kathiawar Stores with respect to the website/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.

CONTACT INFORMATION:

E-mail id: info@kathiawarstores.com

Contact Days: Monday to Sunday (12:00 p.m. to 6:00 p.m.)