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Terms & Conditions

  1. TERMS AND CONDITIONS CONTEXT
  • This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
  • This document is published in accordance with the provisions of Information Technology Act, 2000 and the rules made thereunder that require publishing the rules and regulations, privacy policy and terms of use for access or usage of our Platform swayy.com (“Website”) and the application Swayy (“Application”). For the purposes of this Terms of Use document, Platform and the Application shall be collectively referred to as “Platform”.
  • The Platform is owned, registered and operated by “Giftify India Private Limited” (“Company”), a Private Limited Company, incorporated under the provisions of the Companies Act, 2013 and having its registered office at GN -1, GOBIND NAGAR, SIRSA, HARYANA - 125055.
  • These terms of usage (“Terms of Use”) read along with the Privacy Policy constitute a legal and binding agreement between you and the Company and govern your use of the Platform and Services (as defined below) provided through the Platform. By using or visiting the Platform, or by using any content or information provided as part of the Platform/Services, you shall be deemed to have read, understood and accepted to be bound by these Terms of Use.
  • For the purpose of these Terms of Use, wherever the context so requires "you", “your”, “user” or “customer” shall mean any natural or legal person who uses the Platform for availing the Services. The term “we”, “us”, “our” shall mean the Company.
  • We reserve the right to make changes to these Terms of Use at any time. Any such modifications will become effective immediately upon posting to the Platform and your continued use of the Platform, and/or the Services constitutes your agreement to such modifications. you agree to periodically review the current version of these Terms of Use as posted on the Platform.
  1. User Account
  • In order to access or use the Platform, you must be “competent” to contract, as understood within the meaning of the Indian Contract Act, 1872. You may not use our Services if you are a minor. By agreeing to use our Services, you confirm that you are not a minor and are competent to contract as understood within the meaning of the Indian Contract Act, 1872. We shall not be responsible for any consequence that arises as a result of misuse of any kind of our Services that may occur by virtue of any user including a minor using the Services provided. By using the Services, we reserve the right to terminate your subscription and /or refuse to provide you with access to the Services if it is discovered that the consent to use the products or Services is not made by you, or if we find out that you are a minor, or any information provided by you is inaccurate. You may not access or use the Platform and/or the Services if we have previously banned you from the Platform or deactivated your account.
  • You may use the Platform and avail the Services offered by us through the Platform as a guest user (“Guest User”) without having to register yourself as specified below. Users may also register themselves on the Platform (“Registered User”).(The Guest User and Registered User shall collectively be referred to as “Users”)
  • You may register on the Platform by providing certain basic information such as your first name, last name and email address (“Questionnaire”). We reserve the right to make changes to the questions in the Questionnaire at any point of time without any notification/intimation to you. You may also register on the Platform using a third-party Platform or portal such as Google and Facebook, etc.
  • Upon registration, you will be provided with an account (“User Account”) and an account tab on the Platform. You may amend/change your information associated with your User Account, by logging into your User Account on the Platform. The manner in which we collect, use, store or disclose your personal information and sensitive personal information collected on the Platform, if any, has been outlined in our Privacy Policy available here.
  • You shall be responsible for maintaining the confidentiality of your username, account password and you shall be responsible for any and all activities that occur in connection with your User Account. Under no circumstances shall the Company be liable for any loss or damage arising from your failure to comply with this clause.
  • While creating your User Account, you agree to provide complete and accurate information about yourself. you may not impersonate any third party to create or use an account for anyone other than yourself OR provide an email address other than your own OR create multiple accounts.
  • You shall not allow: (a) any other person to share your User Account; (b) any part of the Platform being cached in proxy servers and accessed by individuals who have not registered as Users of the Platform; and (c) access to the Platform through a single account and password being made available to multiple users on a network.
  • Personal Information and receiver’s information
  1. USE OF CONTENT

All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under licence, by the business and / or its associate entities who feature on this Website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.

You may not sell or modify the content of this Website or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organisation’s or entity’s written permission.

  1. SERVICES
  • The Platform is an e-commerce platform which allows sale and purchase of various products such as apparel, beauty and home products, environmentally sustainable products, men’s wear, women’s wear, etc. (“Products”) produced by third party manufacturers (“Vendors”). Users may log in and access the Platform in order to browse Products and place an order for Products that they wish to buy from the Platform by adding the Product to his/her cart. Upon filling the cart, the User shall click on Pay Now at which time the User will be directed to a third-party payment gateway in order to complete payment for the order placed on the Platform. Upon completion of payment, the User will get an acknowledgement via e-mail confirming the order. The order will then be picked up and shipped to the User or the desired location by a third-party service provider within the number of days specified against the Product on the Platform. (collectively referred to as “Services”).
  • In the unlikely event that we are unable to ship the Products to the User within the specified number of days/timelines, the User will be duly notified of such delay via e-mail and/or SMS at the earliest.
  • Apart from sending you information regarding your account activity and purchases, we may also share updates about the Products on our Platform and promotional offers from time to time. You can opt out of our promotional emails anytime by clicking the UNSUBSCRIBE link at the bottom of any of our email correspondences. We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS sent to you. The offers made in those promotional emails or SMS shall be subject to change at our sole discretion with or without prior intimation to the Users.
  1. FRAUD AND IMPROPER CONDUCT
  • You may only access the Platform for availing the Services that are offered by us. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You agree that you will not in any way:
  • interfere with the ability of others to access or use the Platform and the Services;
  • disrupt the normal flow of communication or otherwise act in a manner that adversely affects other users' ability to use the Platform or the Services;
  • claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship;
  • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
  • upload or post or use the Service to transfer, any content or other material that contains or constitutes viruses, trojan or other code with malicious, disruptive and/or destructive features;
  • you shall not attempt to gain unauthorized access to any hardware or software system, or networks associated with the Services, or obtain any services or information not intentionally made available to you by us on or through the Services; and
  • you shall not attempt to gain unauthorized access to the account of any other user or entity, or otherwise interfere with any other user's or entity's use of the Services.
  1. Pricing and Payment
  • Prices for Products, shipping and other related expenses shall be displayed on our Platform and shall be paid for in the currency specified alongside the Products. Please note that the prices, Products and Services may change at the sole discretion of the Company.
  • Customers can make online payments for their orders by using: (i) their debit card/credit card; (ii) internet banking; (iii) e-wallets, (iv) UPI, or avail the Cash on Delivery facility on select orders.
  • You understand, accept and agree that we will be using the services of a third-party payment gateway service provider in order to help facilitate payments through the Platform safely and securely. You acknowledge that you will also be bound by the terms and conditions specified by such payment gateway service provider. We do not store any information regarding your debit/credit card or net banking details used on the payment gateway in any manner or form and only accept it for the purpose of communicating the same to the third-party payment gateway service provider. The payment facility provided by us, is neither a banking nor financial service. You further agree that, while availing any of the payment options as specified above, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to: (a) lack of authorization for any transactions; or (b) any payment issues arising out of the transaction; or (c) decline of such transaction for any reason.
  1. Delivery
  • You accept and understand that all shipments will be handled by a third-party delivery carrier. You accept that you will be bound by any additional terms and conditions set out by such carrier, if any. We shall not assume any liability for any loss or damage incurred by you on account of the actions of the carrier. These actions may include, but not be limited to: (a) misplacement of the ordered Products by the carrier attributable to the carrier’s actions; (b) delay in the delivery of the Products attributable to the carrier’s actions.
  • We will make a maximum of 2 attempts to deliver your order. In the event the User is not reachable or does not accept delivery of Products in these attempts, we reserve the right to cancel the order(s) at our sole discretion and shall refund any payment received in relation to such order, if any, to the User after deducting applicable shipping and return costs.
  • An estimated delivery time shall be displayed on the order summary page. Upon placing your order, you will receive an e-mail containing a summary of the order as well as the estimated delivery time to your location.
  • Please note that if an estimated delivery date falls on a day which is not a working day or on a national or public holiday, the delivery date will accordingly be adjusted to the next available working day on which the logistics service provider provides its services.
  • Sometimes, the delivery of your order may take longer than the estimated timelines due to third party delays or on the occurrence of a Force Majeure Event. In such an event, we shall intimate you about such delay in delivery of your order.
  • For the purpose of this Terms of Use, “Force Majeure Event” means, an act of God, war, civil disturbance, strike, lockout, act of terrorism, natural disaster, fire, explosion or legislation or restriction by any government or other authority, or any other similar circumstance beyond the control of the Companyand/or third party carrier, which has the effect of wholly or partially suspending the obligations hereunder of the Company during the continuance and to the extent of such prevention, interruption or hindrance.
  1. Return and Exchange Policy
  • Users may return Products purchased from the Platform for any reason other than those specified in Clause 8.3 below, provided: (a) such request is raised within 2 calendar days from the date of delivery of the Products; (b) the Products is/are in its original packaging and the User has not used, altered or damaged the Products in any manner.
  • The Users may raise a request for exchange within the warranty period of Products specified by the Vendor only for reasons mentioned below:
  • Manufacturing, material and/or workmanship defects;
  • Wrong Product received by the User for a purchase from the E-store; and/or
  • Damaged Product received by the User.
  • Requests for return or exchange for the following reasons will not be entertained:
    • Damage to Products due to normal wear and tear;
    • Damage to Products due to rips and tears;
    • Any form of fabric fading;
    • Damage to Products due to abrasions on well-worn areas;
    • General breakdown of Products over time;
    • Abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling, abnormal environmental conditions or use contrary to any instructions issued by the Vendor;or
  • Some types of goods are exempt from being returned.
  1. Perishable/degradable items cannot be returned.
  2. Products that are for intimate personal use, such as innerwear, sanitary goods, toothbrushes, hazardous materials, or flammable liquids or gases will not be accepted for return.
  3. Gift cards and downloadable software products are not eligible to be returned.
  4. There are certain situations where only partial refunds are granted: (if applicable) such as products with obvious signs of use.
  5. In case a return window of less than 365 days is specified in any particular product description (such as electronics, travel packages, food, etc.), the 365 day return window would not be applicable. The return window for such products would be as mentioned in their product descriptions.
  6. Return request will not be processed for any item that is returned beyond 2 days after delivery.
  • Users may initiate requests for return or exchange by writing an e-mail to shop@karnival.com, or calling the customer support number mentioned on the website. In the event of an exchange request, the User shall specify the size/colour required and mention the User’s address to which the repaired/ replace Products must be sent.
  • Upon receiving the returned Products, in the event of an exchange, an investigation will be conducted and in the event of a genuine issue with the Products, the Products shall either be repaired or in case the Products is/are irreparable, the Products shall be replaced at no extra cost to the User.
  • All requests for return or exchange should be placed within 48 hours of receiving the order
  • All requests for return or exchange shall be processed by us within 15working days after satisfactory completion of the quality check of the Products.
  • While returning the Product, please ensure that:
  • The tags on the Product are intact;
  • The Product must not have been used;
  • The Product should be unwashed, unused and in an undamaged condition (not applicable if the Product delivered was damaged already); and
  • The Product should be returned along with the original packaging.
  • In the event of unavailability of the Products in the desired size/colour, we will provide you with a Product that is of comparable price and style at our discretion, subject to User’s confirmation. In the event User does not confirm the alternate suggestion, refund for the Products will be issued.

Out of Stock

(Unless our vendors have accepted Process order acceptance)

  1. Obligations of the User
  • You may make your payments against the invoice issued by the us through online payment by using your debit card/credit card or by using the e-wallet option as specified in Clause 5 above.
  • In the event of a failed transaction wherein the money is debited from your account but the same has not been credited to our account, you may provide us with the relevant transaction details to validate such transaction, following which, we shall take necessary steps to track such a transaction.
  • In the event a feedback, a comment or any communication made by the User on the Platform or on any social media platform (such as Facebook, Instagram etc.) made available to the User on the Platform contains profanity or abusive language, we shall have the right to suspend the User’s account temporarily or indefinitely and/or issue a formal warning to such User and take necessary legal action against such User.
  • You agree to: (a) immediately notify us of any unauthorized use of your account information or any other breach of security, and (b) ensure that you logout from your account at the end of each session. We shall not be liable for any loss or damage arising from your failure to comply with this clause.
  1. User Feedback/Comments/Suggestions
  1. We encourage Users to submit/ post/ share their comments/ suggestions/ opinions/ feedback etc. (“User Feedback”) with us.
  2. The User agrees and acknowledges that:
  • The User Feedback does not contain any confidential information or is not in violation of any third party right including intellectual property rights;
  • The User Feedback shall not be unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or is otherwise inappropriate as under Applicable Law;
  • We are not under any obligation of confidentiality, express or implied, regarding the User Feedback;
  • We reserve the right to use or disclose such User Feedback for any purpose, in any way, as we deem fit;
  • We are not obligated to review the User Feedback; and
  • We reserve the right to reject, remove, delete or edit such User Feedback, at any time, without any reason, without providing any notice.
  1. Intellectual Property Rights

  1. Copyright and Trademarks
  • com is the registered domain of the Company. All content included on our Platform and delivered to Users as part of the Services, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, code, and software used on or incorporated into the Platform, is the property of the Company, and is protected by the applicable intellectual property laws. The compilation of all content on this Platform is the exclusive property of the Company. You agree not to decompile, reverse engineer or disassemble any content accessible through the Platform, not to insert any code or product or manipulate the content of the Platform in any way that affects the User's experience, and not to use any data mining, data gathering or extraction method. We reserve the right to terminate our engagement if we, in our sole and absolute discretion, believe that you are in violation of this clause.
  • The trademarks, domain names and trade dress of the Company shall not be used in connection with any product or service that is not affiliated with the Company in any manner that is likely to (a) cause confusion among Users or potential Users; or (b) dilute the rights of the Company; or (c) to disparage or discredit the Company.
  • The Company’s content available on or via the Platform, are provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company. We reserve all rights, not expressly granted in and to the Platform.
  1. Warranty for your submission to the Platform
  • As between you and the Company, you own the information you provide to the Company, and you may request its deletion at any time. Any information you submit to us is at your own risk. By providing information to us, you represent and warrant that you are entitled to submit such information and the same is not confidential and not in violation of any law, contractual restrictions or other third-party rights (including any intellectual property rights).
  1. Limitation and Disclaimer of Warranty
  • The Platform, the Services and each portion thereof are provided “as is” without warranties of any kind either express or implied. To the fullest extent possible pursuant to Applicable Laws of India, we disclaim all warranties, express or implied, with respect to the Platform, the Services and each portion thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights.

For the purpose of this Terms of Use, “Applicable Law” shall mean, any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any authority in India having jurisdiction over the matter in question, whether in effect as of the date of these Terms of Use or thereafter.

  • We hereby disclaim any guarantees of exactness as to the finish and appearance of the final Product as ordered by the Users, as quality of imagery cannot be taken as a final representation. The quality of any Products, Services, information, or other material purchased or obtained by you through the Platform will be as per our standards.
  • We do not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise with respect to, the Platform or its Services. We only provide a platform that facilitates the purchase and sale of the Products and do not manufacture or produce the Products displayed on the Platform.
  • Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the Platform, the Services or any portion thereof, by any person, including employees and contracted personnel of the Company.
  • Under no circumstances, shall the Company be liable for any direct, indirect, special, incidental or consequential loss or damages arising due to gross negligence or wilful misconduct of any third party service providers (example: payment gateway service providers, logistics service providers, Vendors etc.) empanelled by the Company for the purposes of rendering its Services.
  • If you are dissatisfied or harmed by this Platform or anything related to the Platform, you may terminate these Terms of Use in accordance with Clause 14 below.
  • The Company does not guarantee that the Platform will function without interruption or errors in functioning. In particular, the operation of Platform may be interrupted due to maintenance updates, or system or network failures. In the event of interruption in accessing the Platform due to the above-mentioned reasons, we shall inform the User of the same, and we disclaim all liability with respect to delay in provision of Services due to the same.
  • The “suggestive mechanism” is a way of suggesting a few number of gifts based on inputs the user gives and in no way claims any accuracy level. It is to simply make the search experience simply. The user has no rights to claim or/and accuse or/and blame the dislike or/and discontent in gift giving bases on this.
  1. Indemnification

You agree to indemnify, defend and hold harmless the Company, and our affiliates, officers, partners, employees, consultants and representatives, from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney's fees and related costs and expenses, due to or arising out of: (a) your failure to comply with these Terms of Use; or (b) where any information you submit, email, or otherwise transmit to us violates third party rights or Applicable Laws. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defence and in asserting any available defences.

  1. Termination
  • We may terminate these Terms of Use immediately without notice in the event of any breach by you of these Terms of Use or any of our applicable policies, as posted on the Platform from time to time or upon a misuse of the Services by you.
  • You may terminate these Terms of Use, for any or no reason, at any point. You acknowledge that for Products or Services already availed by you (prior to the termination), these Terms of Use will continue to apply.
  • In the event of any termination or expiration of these Terms of Use, the following sections of these Terms of Use shall survive: all provisions regarding ownership of intellectual property, indemnification, disclaimer of warranties and limitations of liability, fraud or abuse, and the provisions of this section.
  • You agree that upon the termination of these Terms of Use, we may delete all information related to you with respect to the Services availed by you.

  1. Severability

If any part of the Terms of Use are determined to be invalid or unenforceable pursuant to Applicable Laws of India, 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 in effect.

  1. General

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and the Company in respect of the Products and Services and supersedes all previous written and oral agreements between you and the Company, if any. The Company’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

  1. Governing Law and Dispute Resolution

These Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles. The courts in Haryana, India shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under these Terms of Use.

  1. Disclaimer

The Users acknowledges that:

  1. The Company is not liable for any delay, damage, or loss caused by any third parties, including any third-party service providers;
  2. Final Product may appear slightly different from the Product displayed on the Platform;
  3. There may be a variation in size measurements between different clothes based on the material;
  4. There may be few photographic images of clothes and apparel in the Platform which may not be sold or made available by the Platform and is solely for the usage and pictorial representation of similar Products in the Platform.
  1. Grievance Officer

In accordance with the Information Technology Act, 2000 and rules made there under, contact details of the Grievance Officer are provided below:

E-mail ID: voilastories@gmail.com

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