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The use of fitflair.in ("Site" or "fitflair" or "we" or "our") is subject to your agreement to the following terms and conditions ("Terms") and the linked Privacy Policy. By accessing the Website, its content, and utilizing the Services offered, you, as the end user ("you" or "User"), agree to abide by these Terms.
The Site enables browsing, selection, and purchase of Clothing ("Goods" or "Products" or "Services"). Your subscription, use of our services, and any purchases made through the website imply your acceptance of the supply terms, legally binding you to them. Additionally, you're bound by the terms displayed with the product selection in case of conflict between the supply terms and additional terms.
These Terms & Conditions establish the relationship between you and fitflair, a company incorporated under Indian laws. Your use of the Website is subject to acceptance of all terms, conditions, and notices posted on the Website. fitflair reserves the right to refuse User registration without specifying a reason.
In case of conflict with any other document, these Terms & Conditions prevail concerning Site usage. If you disagree with these Terms & Conditions and the Privacy Policy, your use of the Site is not permitted. 'Acceptance' in these Terms & Conditions refers to your affirmative action like clicking on 'check box' or the 'continue button' on the registration page.
The Company holds the right to amend this Agreement and/or the Privacy Policy by posting a revised version on the Site. Any updates will be notified via website posts or email. Your continued use of the Site post-revision indicates your agreement to the revised Terms & Conditions and Privacy Policy expressed herein.
The terms and conditions outlined here constitute a binding agreement between you and the company, governing your use of the site and any future platforms operated by the company. By accessing or making purchases through the site or affiliated businesses, you agree to adhere to these terms. Additionally, any services used or products purchased through the company's affiliates or third-party vendors will be subject to their specific guidelines and conditions, which will prevail in the case of any inconsistency.
In the event of conflicts with other documents, these terms and conditions take precedence for site usage. To proceed with a purchase, the site may request permission to send administrative and promotional emails, providing updates on account activity, purchases, products, and offers. You retain the option to opt out of promotional emails by using the "UNSUBSCRIBE" link in our correspondences. Our Privacy Policy details this process. Please note, the offers presented in promotional emails or SMS/MMS are subject to change at the company's discretion, without the obligation to notify you of such changes.
When placing an order, you are making an offer to purchase selected products based on site and merchant-specific restrictions, along with the terms and conditions outlined here. Creating an account is mandatory for purchasing products, facilitating access to order history and printing.
The company does not assume responsibility for products or services provided by third-party vendors. There is no warranty provided by the company to end-users for the quality, safety, or usability of products/services supplied by merchants. Additionally, for services or activities involving potential bodily harm, the company bears no responsibility for the service/activity offered. Users engaging in these activities assume personal responsibility for their actions.
The services offered on our website grant users access to a selection of clothing available for purchase at the specified prices.
WEBSITE AVAILABILITY
This Agreement outlines the terms and conditions governing the use of the Site by any User. By utilizing this Site, the User agrees to adhere to all the stipulated Terms & Conditions. The User acknowledges that the right to use the Site is exclusive to them and cannot be transferred to any other entity. It's the User's responsibility to maintain the confidentiality of their password(s), if applicable. While the Company aims to provide uninterrupted access to the Site 24/7, there might be occasional service interruptions or unforeseen events beyond the Company's control that might result in data loss during internet transmissions. The Company holds no liability for such instances. Though our objective is constant accessibility, the Site may occasionally be unavailable due to reasons including routine maintenance. You acknowledge that circumstances, both within and outside the Company's control, may cause interruptions, suspension, or termination of access to the Site. The Company reserves the right to modify or discontinue any aspect or feature of the Site, including content, availability hours, and required access equipment. Moreover, the Company may discontinue the dissemination of specific information or categories thereof, change or eliminate transmission methods, and alter transmission speeds or signal characteristics at any time.
USER ACCOUNT, PASSWORD, AND SECURITY
Upon registration with fitflair for service access, you will establish an account with a password and designated account details as part of the website's registration process. You bear full responsibility for maintaining the confidentiality of your account and password, and you are fully accountable for all activities conducted using your account. You agree to (a) immediately inform fitflair about any unauthorized account usage or security breaches and (b) ensure that you log out from your account at the conclusion of each session. fitflair cannot and will not be held liable for any losses or damages resulting from your failure to comply with this clause.
ACCURACY OF COLORS
While we strive for accurate display of product colors on the Site, please note that variations in monitor or screen displays may result in slight differences. We cannot guarantee complete accuracy due to these display differences.
ELECTRONIC COMMUNICATION
By using the Site or sending us emails or data, you acknowledge and consent to communicating through electronic records. You agree to receive communications from us electronically, whether through email or electronic records on our Site. These communications will serve as adequate notice/electronic records.
LICENSE AND SITE USAGE
We provide you a limited license to access and use the Site and its services for personal purposes. This license does not permit downloading or copying account information for third-party benefit, unauthorized linking to the Site, or posting content that violates others' intellectual property rights. Prohibited actions include transmitting material with viruses or codes that disrupt computer functionality, overloading our infrastructure, or using data extraction tools. Unauthorized use will terminate the granted permission or license.
SELLING PRICE POLICY
We aim to offer you the finest selection and most competitive prices on all our products and services. While we strive for excellence, please note that our prices might not always be the lowest in your area or market. Prices and product availability are subject to change without prior notice. The prices listed on our platform are not meant for direct comparison with similar products or services available elsewhere, online or offline. Pricing is governed by our internal policies, and we retain the sole discretion to set prices.
ACCURACY AND ERRORS
While we endeavor to maintain accurate product and pricing information, occasional errors may occur. Should a product be listed at an incorrect price or contain erroneous details due to a pricing or informational mistake, we reserve the right to either contact you for clarification or cancel your order. We hold the authority to adjust the product price, reach out for further instructions, or cancel the order in such instances. If your order is accepted, the corresponding amount will be charged to your credit card. This charge may be processed before the product is dispatched. Should we cancel your order post-payment processing, the charged amount will be refunded.
MONITORING AND CONSEQUENCES OF FRAUDULENT ACTIVITY
We continuously monitor user accounts to prevent fraudulent actions. Those found with multiple accounts or engaging in fraudulent activities will face legal repercussions as per the law. We reserve the right to reclaim goods costs, collection charges, and legal fees from individuals misusing the site. Legal action may be taken against such users for fraudulent activities or any breaches of our terms and conditions. Should fraudulent or declined transactions be detected, we reserve the right to immediately delete the account and cancel all past and pending orders without assuming liability. Refunds will not be provided in such instances.
LIABILITY FOR DECLINED TRANSACTIONS
We, as the merchant, hold no liability for losses arising directly or indirectly from declined transaction authorizations due to the cardholder surpassing the preset limit agreed upon with our acquiring bank.
DISCLAIMER OF WARRANTY
The information, goods, and services on this website, or accessed through a website that links to it ("linked site"), are all given to you "as is" and come with no express or implied warranties of any kind, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, or accuracy. The manufacturer or supplier of the product, and not us, shall be responsible for any warranties that may be applicable to the goods and services. In any event, any claim pertaining to the same should be made against the appropriate manufacturer or supplier rather than against us. We neither support nor bear liability for:
(a) the veracity or accuracy of any advice, opinion, or statement made on the site by a third party other than us;
(b) any information offered on websites that are linked to; or
(c) the suitability or dependability of any good or service that is acquired through a website that is linked. Under no circumstances will we be liable for any loss or damage caused by a user's reliance on information obtained through the site or a linked site, or user's reliance on any product or service obtained from a linked site, other than as required under applicable consumer protection law. It is the user's responsibility to assess the veracity, comprehensiveness, or utility of any advice, opinion, or other content accessed via the website or from a link on the website.
LIMITATION OF LIABILITY
The company and its affiliates, officers, employees, agents, shareholders, and licensors are not liable to you for various types of damages—direct, indirect, incidental, special, consequential, or exemplary. These include, but are not limited to, damages such as loss of profits, opportunity, goodwill, use, data, or other intangible losses. Even if the company has been informed about the potential for such damages, they shall not be held liable for them. These potential damages may result from your use of the site, the sale and supply of goods content, or any related/unrelated services, including other services offered on the site at any given time.
TRADEMARKS
The trademarks, logos, and service marks ("Marks") visible on this Site belong to us or their respective owners. Users must not use any Marks without prior written permission from us or the relevant third party. All content, including software programs, accessible on or through the Site ("Content"), is safeguarded by copyright. Users are not allowed to modify, copy, distribute, transmit, display, publish, sell, license, create derivative works, or use any Content from the Site for commercial or public purposes.
COPYRIGHTED MATERIAL
The Site contains copyrighted material, trademarks, and other proprietary information, such as text, software, photos, videos, and graphics, protected under applicable copyright laws. The Company holds the copyright for the selection, coordination, arrangement, and enhancement of this content, as well as for its original content. Users understand that downloading copyrighted material does not grant ownership rights. Trademarks present on the Site or on websites affiliated with the Company remain the exclusive property of the Company unless explicitly licensed from the trademark owner, with such license solely benefiting and permitting use by the Company, unless otherwise specified.
CONTACT
You can get in touch with us using the details provided below if you have any questions about this Terms and conditions
Marketrada Solutions Private Limited
Address : Cabin no A 103, 40-A,Corner
Market Malviya Ngr, Malviya
Nagar (South Delhi), New
Delhi, South Delhi-110017, Delhi
Mail : [email protected]
Phone : 8527468003