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Terms of Use

The Website is owned and maintained by the team at Quaintssential (“Us” or “We” or “Our”). For the purpose of these Terms of Use, wherever the context requires "You" or "User" shall mean any individual browsing or using this Website for making any purchases on this Website, with or without registration. 

 

Your use of this Website (“Website”) and services and/or products that may be offered by Quaintssential on other platforms (“Services”) are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Us. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. 

 

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. 

 

Quaintssential reserves the right to refuse access to use the Services offered or to the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so. You shall not have more than one active Account (defined hereunder) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.

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GENERAL TERMS

 

Registration and Creation of an Account

 

  1. You can create an account and register on the Website by completing the registration process and opening an account with Your chosen username and password. Each registration is for a single individual User for personal use only. The Users must not share their login details with others. 

  2. It shall be the User’s responsibility to ensure that the information provided by the User is complete and accurate. You agree not to impersonate or misrepresent Your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian.  You shall be responsible for maintaining the confidentiality of Your username and password, and for all activities conducted under Your account. You expressly agree to absolve Us and/or the Website of any responsibility or liability in this regard.

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Communications

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When You use the Website or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We will communicate with You by email or by notices on this Website or electronic records on this Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.

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Billing and Payments

 

  1. While availing any of the payment method/s available on the Website, 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:

  • Lack of authorization for any transaction/s, or

  • Exceeding the preset limit mutually agreed by You and between "Bank/s", or

  • Any payment issues arising out of the transaction, or

  • Decline of transaction for any other reason/s

 

 

  1. You authorize us to take payments from the credit/debit card or pre-paid payment instrument or bank account, chosen by You or through our payment gateway partner, or from the bank where You have the account provided by You at the time of doing any transactions with Us. You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website or otherwise. We reserve the right to refuse or cancel transactions, including due to pricing or other typographical errors. 

  2. You confirm that the card or bank account which is being used for making payment to Us, on the Website or otherwise, is Yours or that You have the authorization of the card holder to make a purchase of the product or Services from Us. You shall not use the credit/debit card or pre-paid payment instrument, which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account. Quaintssential expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account.

  3. In relation to third-party payment gateways that We may partner with, such partner will require certain financial information including Your credit card or debit card or other banking information. Other than providing a confirmation upon receipt of payment from a User, We disclaims any and all liabilities in relation to Your payment processing by such third-party payment gateways and the collection and processing of any information provided to such third-party payment gateways including but not limited to any errors in invoicing or payment processing or any breach in security with respect to Your payment information associated with the third-party’s handling of the transaction. While using such third-party payment gateways to make payments to Us, You will be required to accept the terms of use and privacy policies of such third-party payment gateways. We advise You to make Yourself familiar with the terms of use and privacy policies of Your respective third-party payment gateways before using their services. You agree and acknowledge that We shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud. You can file / lodge any complaint related to payment transfer directly with the concerned third-party payment gateways for redressal.

  4. Where transaction charges are based upon a currency other than Indian Rupees, the exchange rate for the purposes of calculating the final amount will be based upon the exchange rates published by the third-party payment gateways on the date when such payments are calculated by the billing system.

  5. We reserve the right to impose limits on the number of transactions or transaction price which We may receive from an individual Valid Credit / Debit / Cash Card / Valid Bank Account / and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment during any time period, and reserves the right to refuse to process transactions exceeding such limit.

  6. We reserve the right to refuse to process transactions for any Users with a prior history of questionable charges including without limitation breach of any agreements by any User with Quaintssential or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.

  7. You understand, accept and agree that the payment facility provided by Quaintssential is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the transactions on the Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing payment facility, Quaintssential is neither acting as trustees nor acting in a fiduciary capacity with respect to any transaction on the Website.

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Privacy and Confidentiality 

 

  1. The personal information / data provided to Us by You during the course of usage of the Website or otherwise, will be treated as strictly confidential and in accordance with applicable laws and regulations.

  2. In addition to the financial information, You will be required to enter a valid phone number and Your delivery address while placing an order on the Website or otherwise. By registering Your phone number with Us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

  3. We view protection of Your privacy as a very important principle. We may share personal information with Our other corporate entities and affiliates. This disclosure may be required for Us to provide You access to Our Services and/or the Website, to comply with our legal obligations, to enforce these Terms of Use, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to Our Services and/or the Website. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out. If You object to Your personal information being transferred or used, please do not use the Website.

  4. We may disclose Your personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms of Use; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public. 

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Trademark, Copyright and Restriction

 

  1.  All trademarks, logos, service marks, text, graphics, user interfaces, visual interfaces, photographs, sounds, music and artwork (collectively, "Content"), displayed on the Website ("Marks") are the property of Quaintssential or their vendors/seller or respective third parties. You are not permitted to use the Marks without the prior consent of Quaintssential, the vendor/seller or the third party that may own the Marks. The design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. Quaintssential reserves the right to change or modify the Content from time to time at its sole discretion.

  2. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Quaintssential owns all intellectual property rights to and into the trademark "Quaintssential", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

  3. Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Quaintssential or thirty party owner of such Content. Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Quaintssential's express prior written consent.

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Disclaimer of warranties and liability

 

  1.  This Website, all the materials and products (including but not limited to software) and Our Services, included on or otherwise made available to You through this Website or otherwise by Us, are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Quaintssential does not warrant that:​

  • This Website will be constantly available, or available at all; or

  • The information on this Website is complete, true, accurate or non-misleading.

  • The Website or the Services will meet Your requirements or Your use of the website or the services will be uninterrupted, timely, secure or error-free; 

  • The results that may be obtained from the use of the Website or Services will be effective, accurate or reliable; 

  • The quality of the Website or Services will meet your expectations; or that 

  • Any errors or defects in the Website or Services will be corrected. No advice or information, whether oral or written, obtained by you from Quaintssential or through the Website / content or from use of the Services shall create any warranty not expressly stated in these terms of use.

  1. We will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website and/or the Services. We do not warrant that this Website; information, Content, materials, product (including software) or Services included on or otherwise made available to You through the Website or otherwise; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

  2.  You expressly understand and agree that, to the maximum extent permitted by applicable laws, We will not be liable for any loss that You may incur as a consequence of unauthorized use of Your account or account information in connection with the Website or any Services, either with or without Your knowledge. 

  3. We shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, We shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Our control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. 

  4. You shall indemnify and hold harmless Quaintssential, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party. We may notify You of any claims which You shall be liable to indemnify Us against. You will then be required to consult with Us regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on Our part without the express prior written consent of Quaintssential.

  5. Notwithstanding anything to contrary in the Agreement(s), in no event shall Quaintssential, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers (as may be applicable)  be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Quaintssential has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Content.

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Governing Law and Jusrisdiction

 

These Terms of Use and all transactions entered into on or through the Website and the relationship between You and Quaintssential shall be governed in accordance with the laws of India without reference to conflict of laws principles and the courts of Mumbai shall have the exclusive jurisdiction for any such disputes.

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