Terms & Conditions

TERMS OF USE


The following Terms of Use between you (“User”) and iFocal Solutions Private Limited (“Company”) having its registered office at Mayur Trade Centre, Phase II, P-273, Old Mumbai Pune Highway, Opposite Police station, Chinchwad, Pune 411019 describes the terms and conditions on which you may access and use the Company’s website www.xplusderniercri.com (“Website”) which deals with the displaying of the various goods (“Goods”) for plus size audiences and provide related services. By accessing or using any of the services, you acknowledge that you have read, understood and accepted the Terms of Use.


The below Terms of Use is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations and Terms of Use for access or usage of the Website. These Terms of Use is an electronic record under the laws of India and need not be signed physically or digitally.

A. TRANSACTION PROCEDURE

1. The User is expected to register himself/herself on the Website by filing up the registration form. 
2. On successful sign up by the User, the User shall be at the liberty to browse through the Website and make purchases.
3. On purchasing any Goods, the User has the option of making payments online or by exercising the COD (Cash on delivery) option.

B. RETURN AND REFUND POLICY OF THE COMPANY

1. The Company hereby agrees to accept the return of Goods within a period of 7 (seven) days from the date of original sale of the Goods and only under the following circumstances:

  • a. In case Goods sent do not correspond to the Goods ordered;
  • b. In case of a manufacturing defect in the Goods;
  • c. Original price tags and packing of the Goods remains intact; and
  • d. Goods are unused, unwashed and unworn.

2. In the above mentioned circumstances, the Company shall arrange for a pickup of the Goods within a period of 7 working days from the receipt of request from the User. The Company reserves the right to inspect the Goods and decide upon the amount of refund that would be payable to the User as a refund for the returned Goods. The Company shall then issue a credit note for the amount of refund which may be redeemed by the User on successive purchases and within a period of 30 days from the receipt of the credit note through the Website. The User hereby agrees that it shall not dispute the decision of the Company on the amount of refund.
3. Where the User customises the Goods upon a special request or under ‘your design’ section on the Website, the Goods shall be non refundable/ non returnable under any circumstances, except for manufacturing defect.

C. SHIPPING POLICY OF THE COMPANY

1. The orders for the Goods shall be processed and shipped within a period of 7 working days. Shipping for customised Goods shall be done within a period of 10 working days. The Company endeavours to deliver Goods to the Users on time, however, there could be a delay in shipping Goods to certain remote areas as shipping is purely vested with the courier agencies.
2. In the event the order of the User consists of several packages from different vendors across India on the Website, the total shipping cost shall be divided according to the location of the Goods. In such a scenario, the User need not pay separately for the different packages. However, the time of shipping for the several packages would vary.
3. Incase the User requests that Goods be shipped different locations across India, the User shall be liable to pay an additional fee.
4. The User is expected to place separate orders for those Goods which need to be shipped to different places.
5. Once the Goods are shipped, the User shall receive a notification mentioning the airway bill number/docket number through email.
6. The Company shall under no circumstances be held liable for delay in shipment due to unforeseen circumstances and lags by the courier agencies in delivering the Goods to the Users, or if the User is unavailable at the notified time of delivery.

D. CANCELLATION POLICY OF THE COMPANY

1. The User may cancel any order which he/she has placed for only fresh items. Orders for Goods on sale cannot be cancelled, once payment for the same is made.
2. Orders can be cancelled even after the payment is made only if the Goods are not packed and shipped; the Company acknowledges the receipt of the cancellation request of the User and the User receives a cancellation code for the said request.
3. The User is expected to raise its request for cancellation to customer support at helpdesk@xPlusDernierCri.com.
4. In the event the cancellation request is accepted by the Company, the refund of the same shall be credited to the Users account through which the payment was made within 10 working days of acceptance of cancellation by the Company and which shall be subject to the banking norms followed in India.

E. OTHER TERMS AND CONDITIONS

1. The Website is available for personal use only. The User agrees to provide current, accurate personal information that may be required as part of the registration process and/or continued use of the Website. The User shall be responsible for maintaining the confidentiality of his/her Website password and account, and will be responsible for all activities that occur thereunder. The Company reserves the right to refuse service to anyone at any time without notice for any reason.
2. Nothing on the Website may be downloaded, copied, reproduced, republished, posted, used to create derivative content, transmitted, stored, sold or distributed without the prior written permission of the Company. The User agrees to not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Website. Modification of any of the Content or use of any of the Content for any purpose other than as set out herein (including without limitation on any other website or computer network) is prohibited, and may be liable to prosecution.
3. Software provided for the use of the Website, and any updates thereof, shall only be used for purposes limited to this Website. Users are strictly prohibited from modifying the software in any way, using it for any other purposes or assigning any rights in it to third parties. The Company reserves the right to modify such software or restrict access to it without any prior notice.
4. The User shall agree to not, and shall not authorize or encourage any third party to: 

  • i. Use the Website to upload, transmit or otherwise distribute any content that is unlawful, defamatory, obscene, offensive, harassing, fraudulent, contains malware or viruses, or is otherwise objectionable as may be determined by the Company; 
  • ii. Upload, transmit or otherwise distribute content that infringes upon a third party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; 
  • iii. Prevent others from using the Website; 
  • iv. Attempt to gain unauthorised access to the Website, solicit information from other users, or interfere with the functioning of the Website or any transactions conducted therein;
    v. Use the Website for any unlawful, fraudulent, inappropriate purpose.
  • v. Use the Website for any unlawful, fraudulent, inappropriate purpose.
  • vi. Engage in commercial activities and/or sales without prior written consent from the Company.
  • vii. Host, upload, display any information which 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.


5. Violation of any of the abovementioned terms may subject the User to penalties and other legal consequences. The Company reserves the right, but shall have no obligation, to investigate your use of the Website in order to determine whether a violation of the Terms of Use has occurred or to comply with any applicable law, regulation, legal process or governmental request.
6. The User agrees to defend, indemnify and hold harmless the Company with respect to any liability that the Company might incur due to any claims or legal action that might arise out of any breach of Terms of Use or violation of any law, rules, regulations or rights of a third party.
7. You shall not breach the security or authentication measures on the Website or any network connected to the Website or probe into the personal information of other users of the Website.
8. If you become aware of any abuse or misuse of the Website, you shall report the same at helpdesk@xPlusDernierCri.com
9. All content is provided on an "as is" basis. The Company make any guarantees or warranties of any kind, either express or implied, including, but not limited to implied warranties of merchantability or fitness for a particular purpose, warranties as to the accuracy, completeness, or results to be obtained. Whilst every effort is made to ensure accuracy of information regarding prices and availability of the titles featured on this Website, the Company does not guarantee its correctness and price and availability information may change without prior notice. The Company also reserves the right to modify, suspend or discontinue your membership with or without notice at any time and without any liability to the User for any damage arising therefrom.
10. The Company hereby disclaims all liability (howsoever arising) in connection with any loss and/or damage, arising out of or in connection with any use of, or inability to use, all or any part of the Website and/or any website to which the Website is linked, or any action taken (or refrained from being taken) as a result of using any of these.
11. The Website may include links to third party websites which are controlled and maintained by others. These links are included solely for the convenience of Users and do not constitute any endorsement by the Company, nor does the Company take responsibility for the content of such third party websites.
12. The Company reserves the right to modify these Terms of Use. Any changes will be updated on the Website and Users shall be assumed to have adequate notice. 
13. The User agrees that any dispute between the parties shall be governed by the laws of India and shall be subject to the exclusive jurisdiction of the courts in Pune.

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