TERMS & CONDITIONS
In these Terms, references to “you”, “User” shall mean the end user accessing the Website, its contents and using the Services offered through the Website. “Service Providers” mean independent third party service providers, and “we”, “us” and “our” shall mean ANKKH.
SECTION 1: ONLINE STORE TERMS
WWW.ANKKH.COM (“Website”) is an Internet based content and e-commerce portal operated by ANKKH, a company incorporated under the laws of India. Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. ANKKH.COM at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
In addition, if the revised version of this Agreement includes a Substantial Change, we will provide you with 30 days’ prior notice of such Substantial Change as per the Notification Preferences provided by you. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this Agreement. For the purpose of this Agreement, the term “Substantial Change” means a change to the terms of this Agreement that materially reduces your rights or increases your responsibilities.
Please read these terms and conditions carefully. These terms & conditions, as modified or amended from time to time, are a binding contract between the company and you. If you visit, use, or shop at the site (or any future site operated by the company, you accept these terms and conditions). In addition, when you use any current or future services of the company or visit or purchase from any business affiliated with the company or third party vendors, whether or not included in the site, you will also be subject to the guidelines and conditions applicable to such service or merchant. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will prevail.
SECTION 2: USER ACCOUNT, PASSWORD, AND SECURITY
You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
You agree to:
(a) Immediately notify ANKKH.COM of any unauthorized use of your password or account or any other breach of security.
(b) Ensure that you exit from your account at the end of each session.
ANKKH.COM cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
SECTION 3: SERVICES OFFERED
ANKKH.COM provides a number of internet-based services through the Web Site (all such services, collectively, the “Service”). One such service enables users to purchase original merchandise such as clothing. (Collectively, “Products”). Upon placing an order, ANKKH.COM shall ship the product to you and be entitled to its payment for the Services.
SECTION 5: CHANNEL SUBSCRIPTION
SECTION 6: LIMITED USER
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that ‘ANKKH’ name is stated as the source and prior written permission of ANKKH.COM is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
SECTION 7: USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 8: NO COMPENSATION POLICY
If the quality of any products, services, information, or other material purchased or obtained by you through the Website did not meet your expectations, no compensation will be given as per the Return and Exchange policy. The customer cannot request compensation for any reason, including but not limited to: any variation in the finish or appearance of the final product; any delay in delivery caused by unforeseen circumstances; any special, incidental, indirect or consequential damage of any kind caused by a product; missed opportunities to avail certain discounts; any issue with our Delivery partners or their personnel; any voucher which got deactivated due to the end of expiry date; unavailability of items which the customer tried to purchase etc. Unreasonable and unlawful requests for compensation will be treated as loss to business cases. ANKKH holds the rights to cancel orders and block accounts of such customers without any prior notice.
SECTION 9: EXACTNESS NOT GUARANTEED
ANKKH.COM hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user, as quality of imagery cannot be taken a final representation. The quality of any products, services, information, or other material purchased or obtained by you through the Website will be as per the company standards. Alterations to certain aspects of your order such as the brand, size, color etc. may be required due to limitations caused by availability of product difference in size charts.
SECTION 10: INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, ANKKH.COM owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to ANKKH without obtaining authorization from ANKKH.COM.
SECTION 11: LINKS TO THIRD PARTY SITES
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of ANKKH or the Website and ANKKH.COM is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ANKKH.COM is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. ANKKH.COM is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ANKKH.COM or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
SECTION 12: PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13: INDEMNIFICATION
You will release, indemnify, defend and hold harmless ANKKH.COM, and any of its contractors, agents, employees, officers, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to ANKKH.COM.
When ANKKH.COM is threatened with suit or sued by a third party, ANKKH.COM may seek written assurances from you concerning your promise to indemnify ANKKH.COM; your failure to provide such assurances may be considered by ANKKH.COM to be a material breach of this Agreement. ANKKH.COM will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of ANKKH.COM choice at its expense. ANKKH.COM will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend ANKKH.COM against any claim, but you must receive ANKKH.COM prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
SECTION 14: PRICING
Prices for products are described on our Website and are incorporated into these Terms by reference. Prices are in Indian rupees for India market and in US dollars for all international markets. Prices, products and Services may change at the discretion of ANKKH.COM. In accordance with brand guidelines, prices might change when the stocks are replenished. Prices may vary for different geographies and this is at the discretion of the brand.
SECTION 15: SHIPPING
Title and risk of loss for all products ordered by you shall pass on to you upon ANKKH.COM’s shipment to the shipping carrier.
SECTION 16: DELIVERY
ANKKH.COM will make a maximum of two attempts to deliver your order. In case the customer is not reachable or does not accept delivery of products in these attempts ANKKH.COM reserves the right to cancel the order(s) at its discretion. An estimated delivery time is displayed on the Order Summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location. Sometimes, delivery may take longer due to:
- Bad weather
- Flight delays
- Political disruptions
- Other unforeseen circumstances
In such cases, we will proactively reach out to you. Please check your emails regularly for such updates. The Buyer agrees that the title to the goods is transferred to the buyer at the time of placing the Order and dispatch confirmation thereof irrespective of Shipping of Goods which are to be done in due course being separate chargeable facilities.
SECTION 17: POST DELIVERY
Return and Exchange Conditions
ANKKH.COM will accept only Exchanges in India market and not returns if the following conditions are met:
- Exchange only allowed for size change depending on availability.
- Intimation should be sent to firstname.lastname@example.org within 48 hours of receiving the package.
- The tags on the product should be intact.
- The product should be unwashed, unused and in an undamaged condition.
- The item needs to be returned along with the original packaging.
If any of the above conditions are not met, ANKKH.COM reserves the right to refuse to exchange the order.
SECTION 18: TERMINATION
ANKKH.COM may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms.
If you or ANKKH.COM terminates your use of the Website or any Service, ANKKH.COM may delete any content or other materials relating to your use of the Service and ANKKH.COM will have no liability to you or any third party for doing so. You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever.
SECTION 19: GOVERNING LAW
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at New Delhi.
SECTION 20: HEADINGS
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
SECTION 21: INTERPRETATION OF NUMBER AND GENDERS
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to the Terms as a whole.
SECTION 22: SEVERABILITY
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
SECTION 23: UNAUTHORIZED CHARGES ON YOUR CARD
If you see charges on your credit/debit card for purchases made on ANKKH.COM, but you never created an account or signed up, please check with your family members or business colleagues authorized to make purchases on your behalf, to confirm that they haven’t placed the order. If you’re still unable to recognize the charge, please report the unauthorized purchase within 15 days of the transaction to enable ANKKH to begin an investigation.
SECTION 24: CANCELLATION OF FRAUDULENT/LOSS TO BUSINESS ORDERS
To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, ANKKH.COM reserves the right to cancel all past, pending and future orders without any liability. ANKKH.COM also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on website and stock unavailability. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your card has been charged, the said amount will be reversed to your Card Account. Any promotional voucher used for the cancelled orders may not be refunded.
The customer may be considered fraudulent if any of the following scenarios are met:
- Customer doesn’t reply to the payment verification mail sent by ANKKH.COM.
- Customer fails to produce adequate documents during the payment details verification.
- Misuse of another customer’s phone/email.
- Customer uses invalid email and phone number.
- Customer refuses to pay for an order.
- Customer is involved in the snatch and run for any order.
The customer may be considered loss to business if any of the following scenarios are met:
- Customer with a very high return rate.
- Invalid/Incomplete address cases.
- Repeated request for monetary compensation for petty issues.
Account for the customers falling in fraudulent or loss to business category may be blocked.
SECTION 25: CANCELLATION OF BULK ORDERS
ANKKH.COM may cancel any orders that classify as ‘Bulk Order’ under certain criteria at any stage of the product delivery. An order can be classified as ‘Bulk Order’ if it meets with the below mentioned criteria, and any additional criteria as defined by ANKKH.COM:
- Products ordered are not for self-consumption but for commercial resale.
- Multiple orders placed for same product at the same address, depending on the product category.
- Bulk quantity of the same product ordered.
- Invalid address given in order details.
- Any malpractice used to place the order.
- Any promotional voucher used for placing the ‘Bulk Order’ may not be refunded.
SECTION 26: PROCESS FOR PILFERAGE CLAIM
If a customer raises a complaint for partial item/partial order through Customer Care, the customer is supposed to claim for pilferage within 48 hours of delivery failing which the claim will not be entertained. An Email will be sent seeking/providing following information:
- Short description of the case (A few questions will be asked to help us understand the scenario).
- The snapshots of the box (Try to cover the sides which look tampered/damaged as per the customer).
The refund for prepaid orders will be done after investigation, which usually requires 5-6 business days. The process will include investigation with the concerned departments.
The customer may not be liable for a refund if he/she falls in any of the scenarios stated below:
- Customer fails to provide adequate information about the case.
- Customer fails to provide snapshots of the packet and box (if any).
- If an opened delivery was received, pilferage claims must be made the same day or within 48 hours of delivery.
- Customer must not dispose the packaging for 3-4 days post delivery; we might need to pick-up your packaging for investigation at our end.