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Terms & Conditions

Pashmina.com Website Terms of Use Date of Last Revision: 31 May 2017

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. This website is operated by Pashmina.com, a company registered under the laws of the India and with its registered address at 3-P, Basement, Sector- 41, Gurgaon, Haryana 122002, India (here on referred to collectively as, "us", "we" or "Pashmina.com"). By accessing or using our website or digital services (collectively the "Website") you signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use") and any other applicable law, whether or not you are a registered member of Pashmina.com. The Terms of Use (together with the documents referred to in them) tell you (i) the terms on which Pashmina.com supplies the products listed on the Website including digital products (“Products”); and (ii) the terms of use of the Website. If you are between 16 and 18 years old, you must obtain your parent/guardian's permission to register for the Website, purchase Products from the Website and post User Generated Content (as described in Section B of these Terms of Use).

Section A: Buying products from the website

1. Information which Pashmina.com is required to give you

A description of the main characteristics of the Products is contained on the Website. Such a description will be contained in the Order Confirmation mentioned in paragraph 2. The arrangements for delivery of Products are as shown at delivery page. By accepting these Terms of Use, you are agreeing to a later delivery date as specified in the link. Other details of delivery are set out under shipping & delivery.

You have a right of cancellation as set out under returns.

The technical means for concluding the contract to buy Products are set out in paragraph 2. If you have made a mistake in inputting information, please click on the back arrow and you will be able to change it.
 

2. Placing an order.

The Website shopping pages will guide you through the steps you need to take to place an order. All orders placed through the Website constitute an offer to buy the Product are subject to Pashmina.com's acceptance. In order to place an order on our Website, you must be 16 years of age or older and be a consumer i.e. an individual acting outside his or her business and not a reseller. If you are between 16 and 18 years old, you must obtain your parent/guardian's permission to register for the Website, purchase Products from the Website and post User Generated Content (as described in Section B of these Terms of Use). If we discover that you have misled us or you misrepresent your age we shall be entitled to delete your account without warning, terminate the contract between us and/or to pursue any legal remedies that Pashmina.com may have. We do not cover any import duties in this cost.

You need an e-mail address to place an order and you need to set your browser to accept both cookies and pop-ups in order to make full use of the Website, which includes adding items to your shopping cart and checking out from our stores.

Placing an order on the Websites is easy.
 
  • a) Find the Product(s) you want
  • b) Add the Product(s) to your shopping cart.
  • c) Proceed to checkout.
Select delivery and billing options.

Review your order.
Submit your order.

Receive an online order confirmation (“Order Confirmation”).
 


Once we have received your order, an automated confirmation of receipt will be displayed on the Website. Please note that this does not mean that your order has been accepted or that a contract has been made. Pashmina.com will confirm acceptance to you by sending you an Order Confirmation by e-mail which confirms that Pashmina.com has accepted your order and that the Product is ready for or has been dispatched. The contract between us (the “Contract”) will only be formed when Pashmina.com sends you the Order Confirmation. We strongly suggest that you print or download your Order Confirmation for future reference.

We explicitly reserve the right not to accept your order, for any or no reason. If your credit card has already been charged for an order that is later cancelled, Pashmina.com will issue you a refund through in-store credit.

The Order Confirmation will include the following information:
 
  • Description of the Product ordered;
  • The price of the Product ordered (including delivery and any packaging charges), including all VAT and other taxes;
  • Confirmation of the arrangement for payment, delivery and performance of the order;
  • Details of your right to cancel the order and a model cancellation form;
  • Details of Pashmina.com’s legal duty to supply goods in conformity with the Terms of Use;
  • For any change in the standard delivery process, please contact us.
  • Pashmina.com’s identity, address and contact details and how you can complain; and any after-sales services and guarantees.



  •  

The Contract will relate only to those Products whose dispatch (or readiness for dispatch) Pashmina.com confirms in the Order Confirmation. Pashmina.com will not be obliged to supply the remaining Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Confirmation.

We also reserve the right to cancel any Contract in (amongst others) the following situations, without being liable for any damage or costs:
 

  • the Product is not available / in stock (any payments already made will be refunded);
  • your billing information is not correct or not verifiable;
  • your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
  • your bank transfer payment is not received within 12 calendar days after acceptance of your order;
  • we have reason to believe you are under 16;
  • we have reason to believe that you are a reseller;
  • there was an error in the price quote;
  • we could not deliver to the address provided by you.



  •  

 

3. Risk and Title

The Products will be at your risk from the time of delivery.

Ownership of the Products will only pass to you when Pashmina.com receives full payment of all sums due in respect of the Products, including delivery charges.
 

4. Data Check

When you send us your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address, creditworthiness and checking for fraud. As to the latter: we run partly automated checks on all purchases to filter out unusual or suspect transactions or transactions which can be identified as susceptible to fraud. Suspected fraud on the Website will be investigated and if necessary prosecuted. By submitting your order, you agree to this.
 

5. Prices and currency

The Product prices displayed on the Websites are inclusive of India local GST. Shipping rates are applied per order. Prices are quoted in multiple currencies of the world. The total price specified in the final check out screen includes the shipping costs. The Prices are DDP (Delivery Duty Unpaid) thus any International Import Duties, Taxes etc are not included in the product pricing. The prices are quoted in the Order Confirmation, which you can print or download for future reference. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency.

Please transfer only the exact amount specified on the Order Confirmation and make individual transfers per order, using the unique reference number stated in your order confirmation.
 

  • Price changes
    The product prices displayed on the Website may be subject to change. We reserve the right to change prices without notice. Subject to the paragraph on Pricing Errors below, the prices as displayed at the moment of purchase are the prices applicable to that purchase.
     
  • Pricing errors
    Please note that even though the Websites are composed with care, it is possible that the pricing information on our Websites contain errors. We are not bound by our offer and we reserve the right to cancel your purchase in the event of such error.
     

 

SECTION B: WEBSITE TERMS OF USE

6. Website Use Restrictions

You may use the Website only for your own non-commercial use to participate in the Website or to place an order or purchase the Products. Any other use is prohibited unless agreed to by Pashmina.com in writing. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any intellectual property or content appearing on the Website, including User Generated Content (defined below), without Pashmina.com's prior written consent, unless it is your own User Generated Content that you legally post on the Website. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

7. Safeguard Your Username/Password

You are responsible for any actions that take place while using your Pashmina.com account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Website. You agree to notify Pashmina.com immediately of any unauthorized use of your Pashmina.com account. Pashmina.com is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

8. Intellectual Property

As between you and us, all intellectual property in the Products and the Bespoke Products which subsists now or at any time in the future shall without limitation vest in and be the absolute property of us.

All intellectual property on the Website is owned by Pashmina.com or its licensors, which includes materials protected by copyright, trademark or patent laws. All trademarks, service marks and trade names (e.g., the PASHMINA.COM name) are trademarks or registered trademarks of Pashmina.com.

9. User Generated Content

"User Generated Content" is communications, materials, information, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds and any other content that you and/or other Website users publish, display, upload, disclose, transmit, store, share or otherwise make available ("post") on or through the Website, except to the extent the content is owned by Pashmina.com.
 

a. Posting Rules: User Generated Content and User Conduct

 

  • Be Responsible.
    You are solely responsible for your User Generated Content, your interactions with other users and your activity on the Website. Do not take any action or post anything that may expose Pashmina.com or its users to any harm or liability of any type.
     
  • Be Relevant and Constructive.
    Stay on topic and post only constructive comments and questions. Unless the Website feature asks for it, don't talk about policies, future products, speculations or rumors about Pashmina.com and Pashmina.com products or anything else off topic.
     
  • Be Courteous and Appropriate.
    Flaming and insults are prohibited. Do not post User Generated Content or a link to a website, that, in Pashmina.com's sole discretion, is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural or ethnic context, will harm or threaten the safety of others or is otherwise objectionable. Do not post photos or videos of another person without that person's consent. Do not "stalk," intimidate, abuse, harm or harass another Website user or person.
     
  • Be Private.
    Do not post personal information, including your email address, IM address or phone number. Do not collect or solicit personally identifiable information from other Website users or send unsolicited emails or other communications. Do not collect, use or post on the Website the private information of anyone else without their consent or for illegal purposes, including without limitation addresses, phone numbers, email addresses, social security numbers and credit card information.
     
  • Be Personal.
    The Website is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever on the Website or accept payment from a third party in exchange for your performing commercial activity on the Website. Do not post any User Generated Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming." Do not use automated scripts to collect information from or otherwise interact with, the Website.
     
  • Be Yourself.
    Do not impersonate any person or entity, including without limitation athletes or Pashmina.com employees. Do not misrepresent yourself, your age or your affiliation with any person or entity. Do not register for more than one Pashmina.com account, register a Pashmina.com account on behalf of another individual, group or entity or sell or transfer your profile or account. Do not use or attempt to use another person's account, username or password.
     
  • Be Original.
    You promise that you own or control all rights in any User Generated Content that you post on the Website. You are responsible for ensuring that any User Generated Content that you post does not and will not, infringe or violate anyone else's rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights. You promise not to submit User Generated Content unless you are the owner or have permission from the owner to post such User Generated Content and grant Pashmina.com all of the license rights granted in these Terms of Use.
     
  • Be Legal.
    Do not post any User Generated Content, take any action or use the Website in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Website designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Website. Do not post User Generated Content that contains software viruses, programs or other computer code. Do not circumvent or modify any Website security technology or software.
     
b. General Rules for User Generated Content
  • User Generated Content is Not Prescreened
    Pashmina.com does not guarantee to prescreen User Generated Content. Pashmina.com does not guarantee the Website will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. Pashmina.com is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website. Even in the event Pashmina.com chooses to monitor any User Generated Content, Pashmina.com assumes no responsibility for or any obligation to monitor or remove, such User Generated Content. Pashmina.com reserves the right to edit, remove or refuse to post any User Generated Content or terminate your registered account for any reason.
     
Pashmina.com's Rights to Your Posting

Your User Generated Content is not confidential or proprietary. You grant and warrant that you have the right to grant, to Pashmina.com a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising or otherwise, including the right to translate, display, reproduce, change, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.

Complaints

Immediately notify Pashmina.com in writing of any objectionable content appearing on the Website. Pashmina.com will make good faith efforts to investigate allegations that any User Generated Content violates these Terms of Use but makes no promise that it will edit or remove any specific User Generated Content.

Copyright Infringement Complaints
  • We respect the intellectual property rights of others and we prohibit users from posting on the Pashmina.com Website any content that violates another party’s intellectual property rights. If you believe that your work has been improperly copied and posted on the website, please us know.
     

10. Links

The Website may contain links to websites operated by other companies. Pashmina.com does not endorse, monitor or have any control over these linked websites, which have separate terms of use and privacy policies. Pashmina.com is not responsible for the content or policies of linked websites and you access such websites at your own risk.
 

11. Published Activity

Pashmina.com allows you the option to publish about the actions you take on Pashmina.com’s Website to Facebook, Twitter and other social platforms. Pashmina.com does not control which information gets disseminated on participating social platforms. You agree to allow Pashmina.com to check your Pashmina.com cookies when you are visiting participating social platforms and allow Pashmina.com to receive information about your use of those social platforms.
 

12. Indemnification

You agree to indemnify, defend and hold harmless Pashmina.com, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Generated Content, your use of content on the Website, your use of the Website, your conduct in connection with the Website or with other Website users or any violation of these Terms of Use, any law or the rights of any third party.
 

13. Privacy

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Website.
 

14. User Interaction Disclaimer

You are solely responsible for your interactions with other Website users, whether online or offline in person. Pashmina.com is not responsible or liable for any loss or damage resulting from any interaction with other Website users or persons you meet through the Website. You agree to take reasonable precautions in all interactions with other users on the Website, whether online or offline and conduct any necessary investigation before meeting another person. In addition, you agree to review Pashmina.com’s Privacy Policy prior to using this Website. Pashmina.com is under no obligation to become involved with any user dispute, but may do so at its own discretion.
 

15. Warranty Disclaimer

Pashmina.com is not responsible or liable for any User Generated Content or other content posted on the Website (“Content”) or for any offensive, unlawful or objectionable content you may encounter on or through the Website. The Website, User Generated Content, Content and the materials and products on this Website are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, Pashmina.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Pashmina.com cannot guarantee and does not promise any specific results from use of the Website. Pashmina.com does not represent or warrant that the Website will be uninterrupted or error-free, that any defects will be corrected or that this Website or the server that makes the Website available are free of viruses or anything else harmful. To the fullest extent permitted by law, Pashmina.com does not make any warranties or representations regarding the use of the materials or Content in the Website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content (including any mobile client) at your own risk and that you will be solely responsible for your use and any damage to your mobile device or computer system, loss of data or other harm of any kind that may result. Pashmina.com reserves the right to change any and all Content and other items used or contained in the Website at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
 

16. Limitation of Liability

If Pashmina.com breaches these Terms of Use, Pashmina.com will be responsible for any losses which you suffer as long as they were reasonably foreseeable to both you and us. Pashmina.com does not in any way exclude or limit its liability for:

- death or personal injury caused by its negligence;
- fraud or fraudulent misrepresentation;
- any other loss which cannot be excluded by applicable law.

The maximum reimbursement of the above damages will (if applicable) be the purchase price of the Products concerned. We shall not be liable for damage incurred by a third party resulting from the use of any of our Products. We shall not be liable for damage incurred by you as a result of your improper use of any of our Products.

We are not liable for damages as a result of incorrect information on the Websites.
 

17. Termination

Pashmina.com reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content and restrict your use of all or any part of the Website for any or no reason, without notice and without liability to you or anyone else. Pashmina.com also reserves the right to block users from certain IP addresses and prevent access to the Website. You may terminate your account at anytime by clicking the “deactivate account” button in the Account Settings. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Website or on other social platforms (e.g., Facebook and Twitter), may continue to appear on the Website or on other social platforms even after your User Generated Content is removed or your account is terminated. These Terms of Use remain in effect even after your account is terminated.
 

SECTION C: GENERAL

18. WEBSITE OWNER

This Site is controlled by Pashmina.com founder Mr.Varun Kumar, from the office in 3-P, Basement, Sector- 41, Gurgaon, Haryana 122002.
 

19. Severability

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.
 

20. WRITTEN COMMUNICATIONS AND NOTICES

We will mainly communicate with each other electronically, such as by email. Applicable laws may require that some of the information or communications Pashmina.com send to you should be in writing, for which purpose we both agree that electronic communications will suffice. This paragraph does not affect your statutory rights.

All notices given by you must be given in writing and delivered by email. Notices to you may be given to the email address or the invoice address provided when you placed your order.
 

21. EVENTS OUTSIDE OUR CONTROL

Neither of us shall be liable to the other for any delay or non performance of its respective obligations under the Terms of Use to the extent that performance is interrupted or prevented by any act or omission beyond its reasonable control. This paragraph does not affect your statutory rights and in particular Pashmina.com’s obligation to perform the Contract within 30 days of order as set out in paragraph ‎10.

Such delay or non-performance will not be a breach of the Contract and the time for performance will be extended by the period during which the product is delivered.
 

22. Variations

Pashmina.com may change these Terms of Use at any time without notice, effective upon its posting to the Website. You agree to review these Terms of Use regularly to make yourself aware of any changes. Your continued use of the Website shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Website. In relation to Products, you will be subject to the policies and terms in force at the time that you order Products from us, unless any change to those policies or these terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you) or if Pashmina.com notifies you of the change to those policies or these terms before Pashmina.com sends you the Order Confirmation (in which case Pashmina.com has the right to assume that you have accepted the change to the terms, unless you notify us to the contrary within seven working days of receipt by you of the Products).
 

23. WAIVER

If either of us does not insist upon strict performance of any of the other’s obligations under the Contract or any of these terms or if either of us does not exercise any of the rights or remedies to which Pashmina.com is entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve the other of us from compliance.
 

24. LAW AND JURISDICTION

Contracts for the purchase of Products through the Website will be governed by Indian law. Any dispute arising from or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of India.