TERMS AND CONDITIONS

 

OVERVIEW

Welcome to www.kunphel.com

Throughout the site, the terms “we”, “us” and “our” refer to Kunphel. Kunphel offers this website, including all information, tools and services available from this site to

you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

The Site allows you to browse, select and purchase personalised and non personalised items for babies.

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However, before you enter the website or use any of the services, you must carefully review the Terms and Conditions set out below (the "Terms"). In addition, specific pages on the site may set out additional terms and conditions, all of which are incorporated by reference into these Terms. These Terms may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in off-line materials (for example, promotional materials and mailers), these Terms will always be binding. We suggest you periodically check this page to make sure you are up to date.
By entering and using the site, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and us and that you will use the Service only in a manner consistent with these Terms. Your use of the site and its services (together, the "Service") is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Service.

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SERVICES

We provide users with access to baby products which can be purchased at the price mentioned on the site.

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GENERAL CONDITIONS

This Agreement sets forth the terms and conditions that apply to the use of the Site by the User. By using this Site, the User agrees to comply with all of the TERMS AND CONDITIONS hereof. The right to use the Site is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of their password(s), if any. The User acknowledges that, although the internet is usually a secure environment, sometimes there are interruptions in service or events that are beyond our control and we shall not be responsible for any data lost while transmitting information on the internet. While it is our objective to make the Site accessible 24/7, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, access to the Site may be interrupted, suspended or terminated from time to time. We shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use.

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USE OF THE WEBSITE

User must agree that he/she will make only lawful use of the Site, and will use the Site only in compliance with all state and local laws and regulations. We may change, suspend, discontinue or remove any aspect of the site at any time, without prior notice, including the availability of any site feature, services or content or any material you have published. We may restrict your access to certain features, Services or content at any time, without prior notice.
User must represent that he/she is of legal age to form a binding contract and is not a person barred from receiving services under the laws as applicable in India. User must also agree to provide true, accurate, current and complete information about themselves as prompted by the Site's registration form. If the user provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or We have reasonable grounds to

suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate your account and refuse any and/or all current or future use of the Site (or any portion thereof).
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

The user shall ensure that his/her data is not accessible by third parties and is liable for all transactions and other activities carried out under its account. At the end of each online session, the user shall log-off from the website. If, and to the extent, the user becomes aware that third parties are misusing his/her data the user shall notify us without undue delay in writing, or, as the case may be, by e-mail.
In the event that the User’s telephone, computer hardware or any other equipment is damaged resulting from the use of the Site, We shall not be liable.

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USER INFORMATION

“User Information” is defined as any information provided to the Site via the registration process, feedback, emails etc. User is solely responsible for this information and we will respect a user’s privacy (please refer our Privacy Policy). We will communicate with users via email and send promotional material from time to time. Users can opt out of these emails at any time upon request.

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PROHIBITED USES

User shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:

1. belongs to another person and to which He/she does not have any right to;

2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, 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 whatsoever;

3. harm minors in any way;

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

5. violates any law for the time being in force;

6. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in

   nature;

7. impersonate another person;

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

9. 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.

10. shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;

If a User partakes in any of the above, We are entitled at any time and without obligation to give reasons, to deny the User the right to access the Site.

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PRODUCTS

The website reserves the right to make changes to the prices of the products at any time without prior notification and/or remove any products from the website. While We have made every effort to display the products and the product colours as accurately as possible on the Site, we cannot guarantee that your monitor or screen’s display of colour will be completely accurate.
In the event that a particular colour or material is not available, We will contact the customer and inform him/her. If the difference is negligible, order will be processed as usual.

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PRICING

We strive to provide users with the best prices possible on products and/or services. Prices and availability are subject to change without any prior notice. The pricing is subject to our pricing policy and the prices shall be determined at our discretion.
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that we accept your order the same shall be debited to your credit card account. The payment may be processed prior to our dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card.

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PAYMENT

Payments on our site can be made through Credit Card, Debit Card, Net Banking, UPI (GPay, PayTM). Please refer our FAQs for further information.

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CREDIT CARD DETAILS

User understands and confirms that the credit card details provided for availing of services on the Site will be correct and accurate and he/she shall not use the credit card which is not lawfully owned by them or in their name. User further agrees and undertakes to provide the correct and valid credit card details.
We have taken reasonable care to make the website secure. All credit/ debit card transactions on the site are processed using a secure online payment gateway that encrypts your card details in a secure host environment. Credit card information will not be utilized, stored and/or shared by us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.

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CANCELLATION OF ORDER BY THE COMPANY

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or any defect regarding the quality of the product. 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 credit card has been charged, the said amount will be reversed back in your credit card.

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CANCELLATION OF THE ORDER BY USER

In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. If an order has been processed and/or put into production, it cannot be cancelled. We have the full right to decide whether an order has been processed or not. The User agrees not to dispute the decision made by us and accepts our decision regarding the cancellation.

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FRAUDULENT / DECLINED TRANSACTION

Users with more than one account or availing our services/discount fraudulently shall be liable for legal action under applicable law and we reserve the right to recover the cost of goods, collection charges and lawyer fees from the person using the Site fraudulently. We reserve the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
We, as a merchant, shall be under no liability, whatsoever, in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

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LICENSE AND OWNERSHIP

Any and all intellectual property rights ("Intellectual Property") associated with the website and its contents (the "Content") are our sole property or of our affiliates or third parties. The Content is protected by copyright and other laws in both India and other countries. Elements of the site are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the website are trademarks of www.kunphel.com, its affiliates or third parties and may not be used or interfered with in any manner without our express written consent. Except as otherwise expressly authorized by these terms of use, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the intellectual property of the website in any way without our prior written permission. Except as expressly provided herein, we do not grant you any express or implied rights to our or any third party's intellectual property.

www.kunphel.com grants you a limited, personal, non-transferable, non-sub licensable, revocable license to:

1. Access and use only the site, content and services only in the manner presented by www.kunphel.com

2. Access and use the www.kunphel.com computer and network services offered within the site only in the manner expressly permitted by www.kunphel.com.

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HYPERLINKS

The Site may contain hyperlinks to the web pages of third parties. www.kunphel.com shall have no liability for the contents of such web pages and does not make representations about or endorse their content as its own. The use of such web pages shall be at the sole risk of the user.

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LIMITATION OF LIABILITY

Except to the extent required by applicable law and then only to that extent, in no event will www.kunphel.com, its employees, officers, directors, affiliates or agents, be liable to you on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary or other damages, including without limitation, loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitute goods or services, or similar damages suffered or incurred by you or any third party that arise in connection with the site or Services (or the termination thereof for any reason), even if www.kunphel.com has been advised of the possibility of such damages.

The site shall not be responsible or liable whatsoever in any manner for any content posted on the websites (including claims of infringement relating to content posted, or for the conduct of third parties).

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DISCLAIMER OF WARRANTIES

We make no representations about the results to be obtained from using the website, the services, the information or the content. No data transmission over the Internet can be guaranteed to be 100% secure. While we make the best effort and use latest technology to ensure privacy of data, the use of the site is at users own risk.
The website, the information, the services and the content are provided on an "as is" basis. We, our licensors, and our affiliates, to the fullest extent permitted by law, disclaim all warranties, express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights and fitness for a particular purpose. We, our licensors, and our affiliates make no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided on or through the use of the website.

All warranties, if any, relating to a product would be provided by the manufacturer/supplier of such product and not by the company. Any claim in relation to the same should be raised against the respective manufacturer / supplier and under no circumstances against us. We do not endorse and are not responsible for

1. The accuracy or reliability of any opinion, advice or statement made through the site by any party other than us

2. Any content provided on linked sites

3. The reliability of any product obtained through a linked site or directly through a manufacturer/supplier.

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INDEMNITY

User shall to the fullest extent indemnify and hold us harmless, our subsidiaries and our affiliates, and their respective officers, directors, shareholders, 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 Agreement, or the documents it incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.

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BILLING

The price of our merchandise is inclusive of the GST. The tax rate applied to the order will be the combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. We reserve the right to collect taxes for shipping charges wherever applicable. The user shall bear all taxes, levies, or duties imposed by taxing authorities, and the user shall be responsible for payment of all such taxes, levies, or duties.

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DURATION OF SALE

All sales are on a ‘first come, first serve’ basis. We are not obliged to give any information regarding the presence of any product in our stock. We will alert you only when an item is sold out.

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SHIPPING & DELIVERY POLICY

Delivery times depend on a variety of factors including and not limited to availability of material, vendor schedule etc. Lead times for each product are mentioned on the site but final delivery time depends upon shipping location. We work with different types of suppliers (Manufacturers, designers, distributors, importers etc.) and the delivery time to Users is subject to delivery of products from supplier to us. The user agrees that the website shall not, in any manner whatsoever, be responsible for any delay in delivery that may occur due to reasons which are beyond the control of the website or the delivery mechanism.

We reserve the right to make delivery of the goods by installments. If the goods are to be delivered in installments, each delivery will constitute a separate contract. User may not treat the contract (as a whole) as rejected if we fail to deliver any one or more of the installments or if you have a claim in respect of any one or more of the installments. If a user fails to take delivery of the goods, we may at our discretion charge you for the additional shipping cost.
Please note we require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If a third party recipient takes delivery on your behalf then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by us of our obligation, and transfer of responsibility in the same way.

Further, we may at times be unable to deliver the confirmed order(s) to you and the reason for the same could be inclusive of but not limited to the following:

1. unavailability of the relevant product;
2. failure of the concerned manufacturer/supplier/designer/importer to deliver relevant product to us;
3. poor/improper/defective quality of the relevant product ascertained through our quality audit process; and

4. inaccuracies or errors in product or pricing information. In the event of any circumstance(s) as aforementioned; you shall not be entitled to any damages or monetary compensation.
5. For any other unforeseen circumstance(s).

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In the event we are unable to deliver the confirmed order(s) as mentioned hereinabove and the payment for such order(s) has been made by you through your credit/ debit card, the amount paid by you while placing the order(s) on the Site will be reversed back in your card account.

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RETURNS AND REFUNDS POLICY

In the event that a user is dissatisfied with the quality of the product, you may contact us and a reasonable measure(s) shall be taken to rectify the issue to the best of our ability.

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DAMAGED PRODUCTS

All products are dispatched only after a quality check and in tamper proof packaging. In the event that your product is damaged, please do not accept it and send us an email on kunphel.customercare@gmail.com stating your order number and reason(s) of refusal of your acceptance. If the product is found damaged after you have opened it, please alert us via email and send us a picture showing the damage. We will respond to you within 24 hours and you will be told whether to ship the product back to us or not. If we are not alerted regarding the damage within 3 days of your receipt, sale will be considered final. Also despite intimation, if the product is not received in a reasonable time frame it will not be accepted and sale will be considered final. On receipt of your intimation/product, we will replace your order at no additional costs to you, subject to availability of stock. In the event of unavailability of stock, we will give you a refund (via cheque or credit to your credit/debit card). Please note that Products will be accepted for return only if they are in their original packaging and unused, in saleable condition. Products on Sale may not be replaced.

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APPLICABLE LAW

The Terms will be construed according to laws of India, without regard to provisions governing conflicts of laws. Any dispute arising under or relating to the Terms, the Content, the use of the site, or any services obtained using this site, will be resolved exclusively by the courts at Mumbai, India. Use of the site constitutes user’s consent to the jurisdiction and venue of such courts with respect to any such dispute.
User may not assign these Terms or any interests, rights or obligations under these Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

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COMPLETE AGREEMENT

Except as expressly provided in a separate license, service or other written agreement between user and Us, these terms of use constitute the entire agreement between the user and us with respect to the use of the website, the systems, and any software or service, information and content contained therein, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.