This User Agreement comprises of rules and regulations applicable to persons/entities who access Fad Fabric as a platform for online sales including its links, webpages. You as a user hereby agree and acknowledge to be bound by the rules and regulations of this User Agreement. For the purpose of this User Agreement, Fad Fabric refers to ‘Company’ and ‘User’ and/or ‘You’ refers to any individual or entity who abides by this User Agreement and agrees to access Fad Fabric or has registered as a member of Fad Fabric by submitting mandatory registration details.
The agreement is subjected to change from time to time, and the company reserves the rights to make necessary amendments to this Agreement, as and when it deems necessary. An amendment to this agreement will be notified on the website by posting it on publically accessible links and you by accessing the links and browsing the website agree that it suffices a notice of the same. The revised versions/terms shall be effective from the time the company notifies the user of the same through the website. However, in case of ‘Substantial Changes”, referring to any changes that involve a lesser role or increase the User responsibilities, shall be posted on the website with a 30 days prior notice, and also by informing the user through the registration details provided.
Definitions
You agree to abide by the terms used and/or provided on the website during the exchange of any electronic communication/records. Any amends to the terms shall be devoid of any violation of the User Agreement and the rules, regulations & policies stated herewith.Payment on Billing Refers to the payment of MRP (Total amount payable by the Buyer for the item/product purchased on Fad Fabric) by you for the purchase of any items/product
- Payment Gateway Facility
- Cash, Cheque Deposit or Demand Draft
Such payment of MRP is normally credited to the bank account of the Company within 3 days of booking the transaction.
Payment on Delivery: Refers to the transaction where the MRP is collected by a logistic partner approved by the Company. However, this facility is restricted to limited cities and the Company in its sole discretion can add/withdraw this facility from selected cities without any prior notice.
Delivery/Delivered- Means a physical delivery of item/products by a logistic partner or a courier service approved by the Company at the address communicated by the Buyer on Fad Fabric while booking of item/product.
In Transit/Dispatched- Means that the item/product has been dispatched by the seller through a logistic Partner or courier service as approved by the Company at the address communicated by the Buyer to Fad Fabric while booking the item/product.
Dispatch Details- Refers to accurate, valid data, information, documents which the seller/logistic partner/courier service provider needs to provide to the Company, from time to time as a proof of the item/product being dispatched or delivered.
Information: Shall include any confidential information and/or personal information provided by you to the Company or other users of Fad Fabric during the registration/booking process, which also includes but is not limited to the banking information, email address, billing address etc.
Issuing Bank- Refers to the bank that has issued a Valid Card (Debit/Credit/Cash Card) to the Buyer through which the buyer makes payment on Fad Fabric.
Logistic Partner- Refers to any reputed logistic partner or courier service provider as appointed by the Company that provides services such as delivery of items/products to the buyer and collection of MRP from the buyer in case of Payment on Delivery.
Transaction: Refers to a valid purchase order placed by the buyer for purchasing items/products listed on Fad Fabric by the Seller.
MRP: Refers to the amount payable by the buyer to the Company for the transactions held. The amount shall include shipping charges, taxes, insurance charges, duties etc.
Valid Card: Means a Valid Debit/Credit/Cash Card lawfully owned by the User, and is issued by Visa or MasterCard or by an Issuing Bank designated to issue the card.
Valid Bank Account: Refers to any valid and operational bank in the name of the User, wherein the User is entitled to issue Cheques/Deposits/DD to the Company. In respect to the buyer, it shall be referred to as the Buyer Bank Account and in respect to the seller, Seller Bank Account.
As per applicable Indian Law, the bank accounts should be nationalized and should be registered by the Reserve Bank of India. The banks should mandatorily support electronic/online banking system (NEFT/RTGS)
Fad Fabric authorized Payment Gateway Facility
Refers to a remittance/collection or electronic payment facility provided by the Company to the buyers for purchase and settlement of items/products.
Eligibility: Any individuals or entities capable of forming a legally binding contract under the Indian Contract Act, 1872 can access Fad Fabric. As per the law, ‘Incompetent to Contract” or people disqualified from entering into any contract with Fad Fabric include
- Minors
- Persons with an unsound mind
- Insolvents
- Convicts
Registration and Communication
- You agree to allow us to contact you on the contact details provided by you during the registration process through the communication modes such as emails, chats, telephone calls etc.
- Your sole purpose to register with Fad Fabric is to buy or sell items/products as specified by Fad Fabric. You shall not use the Website for any other purpose.
- You shall provide accurate and validated information while registering or during any electronic communication. You are responsible for updating any information deemed necessary for a successful registration and will ensure its accuracy, completeness. If any such information is found to be inaccurate, Fad Fabric reserves the rights to suspend or terminate your access to the website.
- The Company does not transmit any communication or modify contents of the same. The Company is not responsible for any information provided by the User, either personal or confidential for its accuracy and completeness.
Terms of Use
- You understand that Fad Fabric provides a platform which hosts items/products for its Users. During any transactions, communications, you agree to give the Company relevant information for storing details and records. The Company, however, is not bound to do the same. Fad Fabric allows free browsing. The Company shall introduce additional services, and incur charges like courier services, warehousing and accordingly levy them as and when applicable. Such charges shall be posted on the Website and shall be effective thereafter. As a User, you are liable to pay for such levied charges whenever applicable. In a failure of the same, the Company reserves the right to terminate your membership with Fad Fabric. The Company also reserves the rights to take legal actions for any non-payments towards the Company.
- You agree that the Company may appoint a third party service provider for backend operations including but not limited to processing, packing, collection, remittance of MRP (Total amount payable by the Buyer for the item/product purchased on Fad Fabric). The Company has no control over third parties.
User Obligations
- As a User, you shall abide by all the terms, rules, regulations and policies as stated in this User Agreement. You shall not attempt to manipulate any of the obligations conferred on you under this User Agreement. In case of which, the Company reserves the rights to take appropriate legal action against you.
- Fad Fabric encourages reviews and customer feedback, however, the Company refrains from allowing its customers to use defamatory content. You shall refrain from using any such defamatory/obscene comments on the Website, in all your communications with Fad Fabric. You will not involve in any kind of debauchery of ‘double dip’ to receive monetary benefits by attempting dispute with the Company, seller and/or logistic partner.
Disclaimer
- All the terms are agreed upon by the buyers and sellers as bipartite contractual obligations. The contractual terms include shipping cost, payment methods, date, period, mode of delivery etc. The Company is neither involved in buying or selling of items/products or any breach of contract between the Buyer and Seller. The User understands that the Company is not liable for any damages arising out of any disputes between the Users. The Company shall not mediate or resolve any differences between the two.
- The Company does not make any representations or hold up the attributes such as the quality, uniqueness, worth, marketability, usefulness. The Company does not support or endorse the items/products on the website and is not liable for any errors or assurances/omissions. The Users are advised to use their discretionary powers to the best judgment and verify the seller they choose to deal with, as the Company does not make any representation of the same. The Company is not responsible for the unsatisfactory performance of the sellers or any damages or delay of items/products in cases of items/products being ‘out-of-stock’ or ‘unavailable’.
- The Company approves of service providers and authorized Payment Gateway Facility for electronic payments. You agree that the use of the Payment Gateway Electronic Payment is at your own risk. You indemnify to hold the Company and its representatives, officers from any damages, loss or any consequences. Despite the Company’s reasonable efforts to provide accurate and authentic information to the Users, it cannot control the information provided by the Users. The Users information could be offensive, violating or deceptive. You are requested to use your discretion and practice safe retailing when using the website.
Liability of the Company
- The Company shall not be liable directly or indirectly for any damages, loss of profits, and inaccuracy of the content, and/or intangible losses arising out of negligence on behalf of the seller and/or logistic partner. The Company does not assure the Users of the authenticity of such services or that the services of such will stand uninterrupted. The Company assumes no liability for any monetary or other damages suffered by the Users on account of
- Delay in the operations of the logistic partner or Payment Gateway Facility
- Delay in information transmitted in connection with the use of the Website or Payment Gateway Facility.
Indemnity
- You shall indemnify the Company and its representatives, affiliates, agents and employees from any claims demand or actions including attorney’s fees arising out of breach of the User Agreement including the rules, and policies incorporated herein.
Payment
- All the payments to the Company have to made by either by
- Payment on Billing
- Payment on Delivery
- For a safe and secure transaction, you agree to carry on transactions on Fad Fabric by the payment modes provided on the Website. You acknowledge that you have authorized the Company to collect, process, remit payments.
Privacy Policy
- By using Fad Fabric, you consent to the collection of relevant information required for successful registration at Fad Fabric. The relevant information could include but is not limited to personal information/data and information provided by the Users during the registration process and while making payments through the payment gateway on Fad Fabric. The authorized payment gateway method is treated as confidential and retained in accordance with the Privacy Policy which is incorporated herein by reference to applicable laws and regulations including but not limited to Information Technology Act, 2000 and rules thereunder.
- Fad Fabric doesn’t disclose any personal information to third parties in a manner described in the Privacy Policy. The Company views the protection of user’s privacy as a very important community principle. The personal information provided by you is one of the most important assets of the Company. The Company stores and processes such information provided by you in computers, protected by physical as well as technological security measures and procedures in compliance with the provisions of the Information Technology Act, 2000 and rules made thereunder.
Grievance: In an unlikely case of a grievance, objections, redressals in respect to the website, payment gateway facility, complaints, enquiries on suspensions, or termination of membership, you should promptly raise the grievance to a concerned department at Fad Fabric at riya.borkar@gmail.com with relevant information pertaining to the nature of the grievance, to enable the Company to assist you on the same at the earliest.
Arbitration: In case of a dispute between you and the Company, payment gateway facility or service providers in connection with the validity, interpretation, violation of any provision of the User Agreement, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party, recognized by the Company. The verdict arrived at the arbitrator should be deemed as final. The arbitration proceedings shall be in English language and shall be governed by the Arbitration & Conciliation Act, 1996.
