Terms & Conditions


TERMS AND CONDITIONS OF USE (“TERMS”)

Please read these Terms carefully before using this Website. By using this Website, you acknowledge that you have read, understood and agreed to be bound by the Terms contained on this legal webpage, which govern eshopchoice relationship with you in relation to this Website and Services. eShopchoice, a Proprietorship Firm, may revise and update these Terms from time to time. Your continued usage of the Website/Mobile Application is considered as an implied acceptance of the changes and that you agree to abide by the changed Terms.

In these Terms, references to “you”, “your”, “User(s)”, “they” shall mean the end user (including its successors and permitted assigns) accessing the Website/Mobile Application, its contents and using the Services offered through the Website/Mobile Application, “we”, “us” and “our” shall mean eShopchoice and “party”, “parties” shall mean you and/or eShopchoice as the context may require.

INTRODUCTION:

1.   www.eshopchoice.com  website (“Website”) is an internet based content and e-commerce portal operated by eShopchoice and includes its Mobile Application.

2.   Use of the Website/Mobile Application 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/Mobile Application from time to time. eShopchoice at its sole discretion reserves the right not to accept a User from registering on the Website/Mobile Application without assigning any reason thereof.

USER ACCOUNT, PASSWORD, AND SECURITY:

You need to enter the password during the account 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 eShopchoice of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. eShopchoice cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.

SERVICES OFFERED:

eShopchoice provides a number of Internet-based services through its Website and the Mobile Application (all such services, collectively, the “Service“). One such service enables users to purchase unstitched fabrics from various fabric brands (collectively, “Products“). The Products can be purchased through the Website/Mobile Application through various methods of payment offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like Shipping & Delivery policy , Cancellation & Return policy, prevailing rules & regulations of statutory authorities etc. In addition, these terms and policies may be further supplemented by Product specific conditions, which may be displayed on the webpage of that Product. Upon placing an order, eShopchoice shall ship the Product to you and be entitled to its payment for the Services.

SERVICE FEES:

eShopchoice reserves the right to introduce fees for the services (COD Charges/Shipping Charges etc.,) offered or amend existing fees as the case may be. Changes to the Fee Policy shall automatically become effective immediately after they are posted on the Website/Mobile App(www.eshopchoice.com ).

PRIVACY POLICY:

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of eShopchoice. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.

CHANNEL SUBSCRIPTION:

By providing your data, you agree to be communicated by us via email and sms to facilitate your navigation of and shopping from the Website/Mobile Application. We may communicate promotional offers periodically and as and when required.

USER CONDUCT AND RULES:

You will not, nor will allow third parties acting on your behalf to (i) make and distribute copies of the Mobile Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Mobile Application; or (ii) create derivative works of the Mobile Application of any kind whatsoever.

You acknowledge and agree that the terms of agreement with your respective mobile network provider will continue to apply when using the Mobile Application. As a result, you may be charged by the mobile network provider for access to the network connection services for the duration of the connection while accessing the Mobile Application or any such third party charges as may arise. eShopchoice specifically denies any liability for such charges.

You agree and undertake to use the Website/Mobile Application and the Services only for purposes and post and upload data/information/material that are permitted and are proper. By way of example, and not as a limitation, you agree and undertake that when using the Website and/or a Service, you will not:

1.   host, display, upload, modify, publish, transmit, disseminate, update or share any data/information/material/files that-

1.   belongs to another person and to which you do not have any right to;

2.   is grossly harmful, harassing, inappropriate, blasphemous defamatory, obscene, pornographic, paedophilic, profane, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

3.   harm minors in any way;

4.   infringes any patent, trademark, copyright or other proprietary rights;

5.   deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

6.   impersonates another person;

7.   contains software viruses, corrupt files or any other computer code, files or programs designed to interrupt, destroy or limit the operation of the Website or functionality of any computer resource;

8.   threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation

2.   defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;

3.   conduct or forward surveys, contests, pyramid schemes or chain letters;

4.   download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;

5.   falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

6.   violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

7.   violate any applicable laws or regulations for the time being in force in or outside India; and

8.   violate any of the terms and conditions of these Terms or any other terms and conditions for the use of the Website/Mobile Application contained elsewhere herein.

9.   exploit any of the Services.

10.    make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement(s) and/or comment(s) about eShopchoice and/or its affiliates/associates.

USER WARRANTY AND REPRESENTATION:

You guarantee, warrant, and certify that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by eShopchoice.

MEMBERSHIP ELIGIBILITY:

Use of the Website/Mobile Application is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website/Mobile Application. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website/Mobile Application and shall not transact on or use the Website/Mobile Application. As a minor if you wish to use or transact on Website/Mobile Application, such use or transaction may be made by your legal guardian or parents on the Website/Mobile Application. eShopchoice reserves the right to terminate your membership and / or refuse to provide you with access to the Website/Mobile Application if it is brought to eShopchoice’s notice or if it is discovered that you are under the age of 18 years.

EXACTNESS NOT GUARANTEED:

In order to enable you to view and place orders for any Product made available on the Website/Mobile Application, we will provide you with a visual representation of the Product together with a summary description of the Product. While every effort is made to provide accurate visual representations, eShopchoice disclaims any guarantee of exactness of such visual representation or description to the finish and appearance of the final Product delivered to you.

INTELLECTUAL PROPERTY RIGHTS:

1.   Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, eShopchoice owns all Intellectual Property Rights to and into the Website and the Mobile Application, 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/Mobile Application belonging to eShopchoice without obtaining authorization from eShopchoice.

2.   Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the Product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.

LINKS TO THIRD PARTY SITES:

The Website may contain links to other websites (“Linked Sites”).The Linked Sites are not under the control of eShopchoice or the Website and eShopchoice 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. eShopchoice is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. The inclusion of any link does not imply endorsement by eShopchoice or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. eShopchoice has no specific prior review process or editorial control over third party content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, members or any other user of this Website, are those of the respective parties and not necessarily those of eShopchoice. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such third party information appearing on the Linked Sites or otherwise.

MONITORING:

eShopchoice reserves the right, but not the obligation, to monitor this website to determine compliance with the terms of this Legal Webpage and any rules established by eShopchoice to satisfy any law or regulation.

BUSINESS:

Any business associates of eShopchoice identified in this site are independent of eShopchoice. Such business associates are not joint venture partners or any other kind of partners of eShopchoice No employee or representative of any business associate is under the control of eShopchoice.

The information and descriptions contained on this site are intended as general information and are not necessarily complete descriptions of all terms, exclusions and conditions applicable to the Product and Services offered by eShopchoice.

DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY:

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.THIS WEBSITE, ALL SERVICES AND PRODUCTS PROVIDED THROUGH IT ARE PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, ESHOPCHOICE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF SERVICES/PRODUCTS. ESHOPCHOICE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS WEBSITE OR RECEIVED THROUGH ANY LINKED SITES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE WEBSITE OR THROUGH ANY LINKED SITES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OF SUCH MATERIAL. UNDER NO CIRCUMSTANCES SHALL ESHOPCHOICE BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND/OR RELIANCE ON THE WEBSITE, OR PRODUCTS AND SERVICES. USER EXPRESSLY AGREES THAT SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF ESHOPCHOICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, PRODUCTS OR SERVICES, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THIS SERVICE OR RECEIVED THROUGH ANY LINKED SITES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES/PRODUCTS, OR RECEIVED THROUGH ANY LINKED SITES. ESHOPCHOICE LIABILITY SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE VALUE SO PAID BY THE CUSTOMER.

The Users of the Mobile Application are expected to update the Mobile Application on regular basis, so that he/she can avail the latest services and is duly aware of any change(s) in Terms. In the event of failure to update the Mobile Application, as and when available, the Users understand and agrees that they agree to the updated Terms by virtue of continued use of the Mobile Application and that eShopchoice shall not be liable in any manner whatsoever for such failure of the User to update the Mobile Application.

GENERAL TERMS AND CONDITIONS:

1.   You are responsible for remaining knowledgeable about the Terms as updated from time to time.

2.   You agree to be communicated by us via email and sms to facilitate your navigation of and use of the Website. We may communicate promotional offers periodically and as and when required.

3.   We shall not be liable or responsible for correspondence lost or delayed in the mail/e-mail/sms.

4.   We reserve the right to deprive you of, or to refuse any of our services, terminate accounts, or amend/refuse/cancel orders at our discretion, without assigning any reason and without prior notification, including but not limited to, if we believe that your conduct violates applicable law or is harmful to our interests.

5.   You represent and warrant that all information placed by you in your profile, including but not limited to name, address, mobile number, email address are correct.

6.   We reserve the right to add, modify, delete or otherwise change the Terms without any approval, prior notice or reference to any User.

7.   In the event of dispute in connection with the interpretation of the Terms, our decision shall be final and binding.

8.   These Terms shall be read in conjunction with the other policies of eShopchoice, included herein by reference or otherwise.