TERMS OF WEBSITE USE
We welcome our visitors to luxurysoi.com and encourage them to have a great shopping experience with us. However, if you continue to use and browse our website, you are completely agreeing to comply with various terms and conditions set by our company in the interests of both parties.
Please read carefully the entire Terms and Conditions of Supply (Section 2) before placing your orders, as this is only a summary of the main terms and conditions of supply:
a) CUSTOMERS (“Customer”, “You”, “the user”): consumers (any individual who is acting for purposes which are outside his or her trade, business or profession) resident in one of the State of India.
b) PRICE AND PRODUCTS IMAGES: prices are stated in Rs. (INR) and exclusive of VAT. Shipping and Delivery costs are excluded unless otherwise specified.
c) ORDERING PROCEDURE: to place an order for the purchase of one or more Products, you must fill in the online Order Form (to be considered as a contractual proposal) and confirm the order with all the correct and necessary information required to complete the order. The Order Form includes information on the ordered product, the relevant unit price, the methods of payment, the shipping terms and shipping costs. By submitting an Order Form, you unconditionally accept and undertake to observe the provisions of these General Terms and Conditions of Sale.
d) PROCESS OF THE ORDERS: upon submission of an Order Form, LuxurySoi shall email you a purchase order receipt or in the event orders cannot be processed the LuxurySoi shall provide you with reasons thereof. Products will dispatch only upon receiving of the payment and provided effective payment of the purchase price within 30 days from receipt of the Order Form. Products belonging to different classes purchased through a single Order Form may be delivered on different time.
1.1.1 These Terms of Website Use set out the basis on which you can visit and use our website www.luxurysoi.com (the “Website”) whether as a guest or registered user. Please read them carefully as they contain important information.
1.1.4 LuxurySoi reserves the right to change these Terms of Website Use from time to time. Any such changes will take effect when posted on the Website and it is your responsibility to read the terms and conditions on each occasion you use this Website and your continued use of the Website shall signify your acceptance to be bound by the latest Terms of Website Use.
1.2. ACCESSING OUR WEBSITE
1.2.1 Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the product we provide on our Website without notice (see below). We will not be liable if, for any reason, our Website is unavailable at any time for any period.
1.2.2 LuxurySoi may from time to time make available products on the Website, which require registration and are only available to users who have registered with us. Any personal information that you provide on this Website must be up to date, complete and accurate. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
1.2.3 Subsequent access to such products shall require input of appropriate account and password details (“Login Details”). You are responsible for maintaining the confidentiality of your Login Details and you must not disclose them to any third party. You are liable for any activities that occur under your account. LuxurySoi shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your Login Details.
1.2.4 In the event that you have any concerns regarding your Login Details or become aware of any misuse then you should inform us immediately by contacting our customer care team by email at email@example.com. If, in our opinion, you have failed to comply with any of the provisions of these Terms of Website Use, or for any other reason, we may deactivate your account at any time, which will mean that your Login Details will no longer provide access to your account. LuxurySoi will let you know if it does this using the contact details you provided.
1.2.5 If you wish to subscribe to our newsletter, we ask for contact information such as name and personal email address. You warrant on registration that the personal information which you are required to provide is true, accurate, current and complete in all respects. If any of your details change you will notify us at your earliest convenience either through updating the new details in ‘my account’ or by contacting the customer care team by email at firstname.lastname@example.org.
1.2.6 You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Website Use, and that they comply with them.
1.2.7 You may only use our Website for lawful purposes and you agree:
1.2.7(a) You will not use our Website in any way that breaches any applicable local, national or international law or regulation;
1.2.7(b) You will not use our Website in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
1.2.7(c) You will not use our Website to knowingly introduce or transmit any data, send or upload any material that contains viruses, Trojan horses, worms, or other harmful material or similar computer code designed to adversely affect the operation of any computer software or hardware;
1.2.7(d) You will not access without authority, interfere with, damage or disrupt any part of our Website, any equipment or network on which our Website is stored, any software used in the provision of our Website, or any equipment or network or software owned or used by any third party.
1.2.8 By breaching condition 1.2.7 above, you may commit a criminal offence under the Information Technology Act, 2000. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
1.2.9 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
1.2.11 You agree that LuxurySoi may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website; or (4) unexpected technical issues or problems.
1.3. WARRANTIES AND LIABILITY
1.3.1 The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
18.104.22.168 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
22.214.171.124 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
126.96.36.199(a) Loss of income or revenue;
188.8.131.52(b) Loss of business;
184.108.40.206(c) Loss of profits or contracts;
220.127.116.11(d) Loss of anticipated savings;
18.104.22.168(e) Loss of data;
22.214.171.124(f) Loss of goodwill; and
126.96.36.199(g) For any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
1.3.3 Nothing in these Terms of Website Use excludes or limits liability for death or personal injury arising from our negligence or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability, which cannot be excluded or limited under applicable law.
1.3.4 The information contained in the material in this Website is only for information purposes. LuxurySoi, by permitting the use of this Website, does not hold itself out as providing any legal, financial or other advice. It also does not make any recommendation or endorsement as to any service or product or to any material submitted by third parties or linked to this Website. The material on this Website does not constitute advice and you should not rely on any material in this Website to make (or refrain from making) any decision or take (or refrain from taking) any action.
1.3.5 LuxurySoi will make every effort to keep the Website available but LuxurySoi cannot guarantee that the Website will always be available, reliable; free from technical inaccuracies and typographical errors or other types of error. Furthermore, we often review the content of the Website to keep it up to date, but we cannot guarantee that it will always be up to date. LuxurySoi do not make any other promises or warranties about the Website. If the need arises, we may suspend access to the Website, or close it indefinitely.
1.3.6(a) This Website may contain material submitted and created by third parties. We have not been able to verify the accuracy of such material and so you should confirm its accuracy with the relevant third party. The material submitted to this website by third parties is not the responsibility of LuxurySoi and LuxurySoi will not be liable for any materials or opinions submitted by third parties. All of the opinions expressed through the editorial content on the LuxurySoi website represent the authors’ personal opinions and are not representative of the views of the company as a whole. LuxurySoi is not responsible for any comments left on the website by third parties. LuxurySoi reserves the right to remove any comments left by third parties which are unlawful, defamatory, racist or libelous, liable to incite hatred or violence, detrimental to any trademarks or copyrighted content, contains personal data.
1.3.6(b) LuxurySoi shall not be liable for any content which may be made available to the public by third parties and through external mediums including bulletin boards, blogs or public chat rooms. Such content is in no way endorsed, approved or reviewed by the company. LuxurySoi reserves the right to report or remove any content which is submitted externally to public areas without notice and at the discretion of the company.
1.3.7 This Website also contains links to other websites and resources which are not under the control of and are not maintained by LuxurySoi. LuxurySoi have no control over such websites and resources. LuxurySoi provide these links for your convenience only but do not necessarily endorse the material on these websites. Your visiting of any external websites via links from this Website is entirely at your own risk. Where it is possible for you to transact through any linked website with a third party, such transactions shall be (and any rights and obligations shall arise) solely between you and the third party. Therefore, you should ensure that you carefully read the terms and conditions for the accessing and use of such websites and resources and, if you suffer losses as a result of accessing and/or using such third party websites and resources, you must claim against the third party and not us.
1.3.8 Unless otherwise specified, the materials on this Website are directed solely at those who access this website from the India. LuxurySoi make no representation that any products referred to in the materials on this Website are appropriate for use, or available, in other locations. Those who choose to access this Website from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.
1.3.9 If either you or we are in breach of the arrangements under these Terms of Website Use, neither of us will be responsible for any losses that the other suffers as a result, except those losses which are a foreseeable consequence of the breach. Losses are foreseeable where they could be contemplated by both you and us at the time you place an order.
1.3.10 In no event shall we or our suppliers have any obligations or liabilities to you or any other person for loss of profits, for loss of business or use, or for incidental, punitive, special or consequential damages, whether based on contract, tort (including negligence), products liability, or any other theory or form of action, even if we have been advised of the possibility thereof, arising out of or in connection with the sale, delivery, or use of the Product(s). Our sole and entire maximum liability (and the liability of our suppliers) for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the Product(s) you have ordered through our Website.
1.3.12 To the maximum extent permitted by applicable law, LuxurySoi will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. LuxurySoi also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
1.3.13 LuxurySoi 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 materials, either with or without your knowledge. LuxurySoi has endeavored to ensure that all the information on the website is correct, but LuxurySoi neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. LuxurySoi 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, LuxurySoi 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 LuxurySoi 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. LuxurySoi is not responsible for any typographical error leading to an invalid coupon. LuxurySoi accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
1.3.14 LuxurySoi shall not be liable for any third party product or advice, the advertisement available on e-mail or website with respect to the third party website or the products are for information purpose only.
1.3.15 You agree that LuxurySoi may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
1.3.16 We have made every effort possible to ensure the colors are displayed as accurately as possible. LS cannot guarantee your computer’s monitor will accurately display the true color or reflect the colour of the Products on delivery. If you have any questions about the color of an item please contact email@example.com prior to placing your order.
1.4. INTELLECTUAL PROPERTY
1.4.1 Unless otherwise specified, all intellectual property rights in our Website and in the material published on it are owned by or licensed to LuxurySoi. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
1.4.2 LuxurySoi, Luxurysoi.com and LS and other marks indicated on our Website are registered and unregistered trademarks of LuxurySoi. The Website’s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of LuxurySoi. LuxurySoi’s trademarks and trade dress may not be used in connection with any product that is not LuxurySoi’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits LuxurySoi. All other trademarks not owned by LuxurySoi that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by LuxurySoi.
1.4.3 Except as stated in this condition 1.4.3, the contents of this Website may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, posted, re-posted or transmitted in any form or by any means without the prior express written permission of LuxurySoi. You may not distribute, display or copy any of the contents of the pages contained in this Website to third parties including, but not limited to, “caching” any material on this Website for access by third parties and “mirroring” any material on this Website. You may not sell or transfer any of the material submitted by LuxurySoi for your own commercial gain, including advertising, without the express written permission of the owners of this website.
1.4.4 You must not modify the copies of any material you have printed off in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You may not sell or transfer any of the printed material taken from LuxurySoi for your own commercial gain, including advertising, without the express written permission of the owners of this website.
1.5. JURISDICTION AND APPLICABLE LAW
1.5.1 These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof. These terms and conditions may not be altered, supplemented, or amended by the use of any other documents. These Terms of Website Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims and without regard to the conflicts of laws principles thereof) and purchase of Products shall be governed by and construed in all respects in accordance with laws of India and the parties hereby submit to the exclusive jurisdiction of the courts at Kolkata/Calcutta, India, although we retain the right to bring proceedings against you for breach of these Terms of Website Use in your country of residence or any other relevant country.
1.5.2 If any dispute arises between you and the Company during your use of the Website or in connection with the validity, interpretation, implementation or alleged breach 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 identified by the Company whose decision shall be final. The place of arbitration shall be Kolkata. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
1.5.3 Where national regulatory authorities have jurisdiction over the contents of this Website, LuxurySoi has attempted to ensure compliance with the requirements of such regulatory body. However, some of the information in the pages contained in this Website is not to be accessed from certain jurisdictions and no representation or warranty is made as to whether the information available in this Website complies with the regulatory regime of countries from which the pages in this Website should not be accessed.
1.6. COMPLAINTS AND CONCERNS
1.6.1 If you have any concerns about material on our Website, you should first email the Customer Care Team firstname.lastname@example.org.
2.1.1 These terms and conditions of supply (“Supply Terms”) set out the basis on which we supply any of the Product(s) (“Products”) listed on www.luxurysoi.com (“Website”) to you. Please read these Supply Terms carefully before ordering any Products from our Website as they contain important information. You should understand that, by ordering any of our Products, you agree to be bound by these Supply Terms.
2.1.2 You should print and retain a copy of these Supply Terms for your records and for future reference.
2.1.3 In these Supply Terms, unless the context requires otherwise: “Contract” means each contract formed, in accordance with condition 2.2.1 below, for the supply of Products by us to you, into which these Supply Terms shall be incorporated; “Card” means the credit or debit card which you use to make payment for the Products.
2.1.4 LuxurySoi reserves the right to change these Supply Terms from time to time. Any such changes will take effect when posted on the Website and it is your responsibility to read the terms and conditions on each occasion you use this Website and your continued use of the Website shall signify your acceptance to be bound by the latest Supply Terms.
2.1.5 By placing an order through our Website, you represent and warrant that:
2.1.5(a) You are legally capable of entering into binding contracts;
2.1.5(b) You are at least 16 years of age;
2.1.6 All orders can be placed either online through the Website or by telephone on 98300 40330 (lines are open 10am to 7pm IST Monday-Saturday (excluding public holidays). When you place an order with us online you will be taken through a secure checkout process and up to the point at which you click on ‘Place Order’ on the final page of the checkout you are able to add/amend/delete any items/products that you have placed in your cart.
2.2. ACKNOWLEDGEMENT AND ACCEPTANCE OF YOUR ORDER
2.2.1 We will send you a ‘confirmation of receipt of your order’ email once you submit your order. Please note that this does not mean that your order has been accepted or that a contract has been formed; it is just confirmation that your order has been received. Your order constitutes an offer to us to buy Products. Our acceptance of your Order and the completion of the contract between you and us will take place upon dispatch to you of the Products ordered and we will confirm such acceptance to you by sending you an email on dispatch of your Products (“Confirmation Email”). LuxurySoi is under no obligations and accepts no liability until the order has been accepted.
2.2.2 The Contract formed will only relate to those Products whose dispatch we have confirmed in the Confirmation Email. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Email.
2.2.3 We aim to fulfill orders within the delivery period set out in the Confirmation Email, or if no delivery period is specified, then within a reasonable time of the date of the Confirmation Email, unless there are exceptional circumstances.
2.2.4 To place an order for the purchase of one or more Products on LuxurySoi.com, you must select the relevant Products, fill in the online order form (to be considered as a contractual proposal), including the selected Products, methods of payment and your personal data for the delivery (the Order Form). Then you must follow the relevant directions and confirm your order.
2.2.5 The Order Form is composed of a “personal detail” page including your address and additional personal information required for the delivery of the Products and of a subsequent page in order to allow you to select the methods of payment. The Order Form also includes the main features of each Product ordered and the relevant unit price (exclusive of VAT), shipping terms and shipping costs.
2.2.6 Before submitting your Order Form for the purchase of Products, you will be asked to review the Order Form identify and correct possible input errors (and to print or save a copy of it) and also to carefully read and accept the Terms and Conditions of Sale and the information notice for the process of your personal data. The Order Form will be filed in our data base for the time required to process your order and as provided by law. You may access your Order Form on your Account page of the Website, section “Recent Orders”.
2.2.7 We may not accept your order if (i) an item you have ordered is sold out, (ii) we are unable to obtain authorization for your payment or (iii) if we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time and at our sole discretion. If we are unable to complete your order, we will contact you by email or telephone advising you of this. LuxurySoi reserves the right to limit large quantities of any Product(s) being shipped to a single customer or postal address. LuxurySoi reserves the right to refuse acceptance of your offer/order at any time and at our sole discretion and we will not be liable for any instance in which we choose to withdraw your offer in such an event.
2.2.8 We will try to keep our Website as up to date as reasonably possible but cannot guarantee that any particular Product(s) will always be available. If we can’t supply any Product(s) we will give you the credit code/note which will be valid for 365 days or refund, deducting the credit card/debit card/net banking transaction charges.
2.2.9 Before submitting the Order Form you will be required to select one of the following methods of payment:
a) Direct Wire Transfer credited to our Bank Account
b) Online Payment by Credit and Debit Card (MasterCard/Visa/Amex/Maestro)
c) Net Banking through the following banks -: ICICI, SBI, HDFC, Axis, Deutsche Bank, Union Bank, Indian Bank, Federal Bank, State Bank of Hyderabad, Bikaner & Jaipur, Mysore, Travancore, Patiala, Bank of India, Bank of Maharashtra, Central Bank of India, City Union Bank, Corporation Bank, Indian Overseas Bank, Karnataka Bank, Kotak Mahindra, PNB, UBI, Vijaya Bank.
2.2.10 In case of direct wire transfer the relevant banking account and details will be confirmed to you by e-mail with the purchase order receipt sent by LuxurySoi. Please note that you must also send a copy of the bank receipt to an e-mail including the confirmation reference number to email@example.com in order to confirm the payment. The payment and the confirmation e-mail must be made within and no later than five (5) working days from the date in which you submitted the ordering document to LuxurySoi. LuxurySoi will not process orders in the event of payment or confirmations made after such term. Please ensure that the wire transfer includes all data required and that they are correct. Missing information may provoke delays in the processing operations of the orders and in the delivery of the Products.
2.2.11 By using this site you agree to comply with, and be bound by these Terms of Website Use. We may from time to time change these Terms at our sole discretion. By using this Website after any such change(s), you agree to comply with, and be bound by, the Terms as changed. LuxurySoi shall not be required to notify you, whether as a registered user or not, of any changes made to the Terms of Website Use. The revised Terms of Website Use shall be made available on the Website. Your use of the Website is subject to the most current version of the Terms of Website Use made available on the Website at the time of such use. You are requested to regularly visit the home page www.luxurysoi.com to view the most current Terms of Website Use. Your continued use of the Website, following changes to the Terms of Website Use, will constitute Your acceptance of those changes.
2.3.1 When you order an Item from LuxurySoi.Com you are offering to buy it for the price stated, subject to the above Terms. You will be guided through the process of placing an order by a series of instructions on the Website. You place your order for Items from the Website by clicking on the [Place Order] button at the end of the on-line order process.
2.3.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation Email. All product prices are set at the beginning of the season when the items become available on the website. They are therefore subject to currency exchange rates at the time when the price was set. These prices will be subject to change in the event of incremental change in the relevant currency exchange rate or when the items are reduced in price during sale periods.
2.3.3 Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price of an item is higher than the price stated on our Website, we will inform you as soon as possible after receiving your order and give you the option of reconfirming your order at the correct price or cancelling it.
2.24.4 Prices for shipment to the India will be in Rs. (INR). When you choose shipment to different states in India the subsequent state taxes will be applicable if required or necessary.
VAT: If you are in the INDIA and choose to have the products shipped to INDIA prices will be shown exclusive of VAT (where applicable). The subsequent State levies like Entry Tax/Octroi/VAT/CST or whatsoever name will be charged extra and reflected in order form.
Shipping Charges within India will be dependent on your order value and weight of package
2.4. RETURNS & EXCHANGES
2.4.1 You may return products purchased from luxurysoi.com, within 7 (Seven) days from the date of receipt of the Product(s) purchased on luxurysoi.com. To return Product(s) we invite you to send an e-mail to firstname.lastname@example.org before shipping your return package to us, in order to receive the return confirmation email. It is necessary to return the Product(s) to us by giving back to the courier within 7 (Seven) days from the date on which you have received the product(s).
2.4.2 Please note that you will be responsible for all returning costs and charges and also for all risks for loss or damages of the Product(s). The return right – besides compliance with the terms and procedures described in the above section – shall be deemed correctly exercised once the following conditions have been fully met:
a) Send a e-mail request to email@example.com to return the Product(s) within 7 (Seven) days from the receipt of the Product(s) purchased on luxurysoi.com.
b) The Product(s) must not have been used, worn, washed or damaged;
c) The identification tag must still be attached to the Product(s) with the disposable seal, if any;
d) The Product(s) must be returned, complete and unused, in their original packaging;
e) Returned Product(s) must be shipped back to LuxurySoi with a sole dispatch within seven (7) days from the date of receipt of the Products.
f) No return or exchange on sale product(s).
2.4.3 Your products must be returned in the original packaging, including any boxes, hangers, garment bags, and other signature packaging materials, including LuxurySoi and designer hanging tags. Other designer packaging such as belts, dust bags, authenticity cards, and leather tags should all be included where provided. If your order did not include the proper packaging please e-mail firstname.lastname@example.org.
Shoes must be tried on over a carpeted surface to prevent any scratches to the soles. Shoes must be returned in their original shoe box. Shoes returned without the original box, a damaged box, or marked soles may not be accepted and will be returned to you.
Bikini bottoms, Briefs and swimming costumes should be tried on over underwear. Returns may not be accepted if the strip has been removed (swimming wear) or if the garment strip of any designer brands is taken off the products won’t be accepted for an exchange and may be sent back to the customer. If your product is faulty (i.e. received damaged or manufacturing fault), we can offer alternatives. For more information, please contact our customer care team.
2.4.4 In the event that your return does not comply with the terms and conditions set out, you will not be entitled to any exchanges or a credit code/note of sums already paid to LuxurySoi; nevertheless, you shall be entitled, at your own expense, to receive the products in the conditions in which they were sent back to the LuxurySoi. If you do not wish to receive the products in the conditions in which they were sent back to the LuxurySoi, the LuxurySoi shall be entitled to keep the products and withhold the sums already received.
2.4.5 All successfully returned product(s) will be only credited by a credit code/note of the originally purchased sales which will be valid for 365 days deducting transaction and shipping costs as applicable on the original order placed through the website and paid online by credit card/debit card/net banking. With exchanges, your new item(s) will be shipped to you as soon as we receive your returning package and any additional payment which is required. If you want more information about our return process please contact our customer care team on +91-98300 40330 or by email on email@example.com
2.4.6 Ownership of the Products you order on the Website shall pass to you on delivery provided that we have processed and received payment in full for such Products. Risk of loss or damage to the Products shall pass to you at the time the Products are delivered.
2.5.1 The Customer may cancel any Order by e-mail to LuxurySoi at firstname.lastname@example.org quoting “Order Cancellation” in the subject heading and the relevant Order reference number in the body of the e-mail. The Customer is granted a cancellation period of 24 (Twenty Four) hours from the date of submission of the Order but prior to dispatch intimation. The cancellation of an order may only be made in accordance of the below sub-sections.
2.5.2 In the event that the Customer cancels its Order within the abovementioned 24 (Twenty Four) hours period and relevant dispatch, the Customer will be granted a refund of the relevant Price (deducting the associated transaction cost(s) if any for example, payments made through credit card/debit card/net banking and/or wire transfer bank charges from our bank account to the Customer bank account).
2.5.3 In the event that the Customer cancels its Order after the end of the above mentioned 24 (Twenty Four) hours period or after the dispatch, the relevant Price paid to LuxurySoi by the Customer will be handled as per Return & Exchange Policy (section 2.4 & Returns & Exchange page).
2.6. PROMOTIONAL COUPONS
2.6.1 You may occasionally receive promotional coupon codes from us, via e-mail or through promotional materials. Promotional coupon codes may be based on a minimum spend and will always exclude delivery charges (unless otherwise stated). You will be emailed coupon codes to become eligible for any promotional discounts. Should you cancel or return items from an order where a promotional coupon code has been used, only credit code/note will be issued of this order.
2.6.2 Each promotional coupon code is unique to the recipient, is not transferable, has no monetary value and under no circumstances can it be converted into currency. Each coupon code has an expiry date, which will be stated at the time of promotion or on accompanying promotional materials which cannot be modified, it is for online purchases only. Again, this will be stipulated at the time of promotion and on accompanying promotional materials.
2.6.3 On an order where a product exchange is requested, the new total value of the new order (deducting delivery costs and transaction costs) must be equal to or higher than the monetary value of the original order. We will not be able to accept any exchanges for items of a lesser value.
2.6.4 Under no circumstances can the value of a promotional coupon code be deducted from an order if that code is defective or out of date: no replacement coupon codes will be issued.
2.6.5 Only one promotional coupon code can be used per order.
2.7. DELIVERY & SHIPPING
2.7.1 For shipping products within India, Sales Tax/VAT will be charged on orders. Orders shipped within India will be sent by the best and most reliable courier service.
2.7.2 Products will be dispatched to the address specified in the Order Form only upon registration of the payment and provided effective payment of the purchase price. Delivery to PO boxes will not be allowed.
2.7.3 We ship our products only within India. Delivery of Products in INDIA shall take place within seven (7) working days from the date of dispatch, excluding Sundays and holidays or for some products as per the mentioned delivery duration in the Shipping Policy or Product description. If your order will not be delivered within the timeframe specified at ordering we will notify you and try to rectify the situation as quickly as is practically possible.
2.7.4 At luxurysoi.com online purchases may be delivered to addresses other than the billing address given by the card holder, for example as with the case of a gift being purchased and addressed to a friend, as a security precaution, an e-mail and a copy of the invoice will be sent to the card holders registered e-mail address and home address, and we will need a signature upon delivery for all products shipped. For specific requirements in delivery times and ‘no signature required’ option please email us at email@example.com or call our Customer Care number. If you wish to track your parcel, please refer to the email you were sent containing your tracking number or alternatively email us at firstname.lastname@example.org and we will track your shipment for you.
2.8.1 If you pre-order Products, you will be required to pay fifty percent (50%) of the Grand Total Price at the time you place your order, exclusive of shipping charges but including the relevant VAT taxes. We will charge the remaining fifty percent (50%) of the amount due, plus shipping charges, and VAT taxes and additional duties, if any, at such time as the Product is ready for shipment.
2.8.2 Please be aware that because of the “pre-sale” nature of the pre-order transactions, you should expect a wait period of approximately four to six (4 to 6) months between the date you place your order and the date that the Product is ready for shipment. We will notify you by email or call when the Product is ready for shipment for you to pay the remaining fifty percent (50%) of the amount due, plus shipping charges and VAT taxes and additional duties, if any. The estimated delivery window will be noted on the respective Product page of the respective designer.
2.8.3 Once a Pre-Order offer is closed and the pre-order is accepted by the designer and us, we will not be able to make changes to the order. This includes size changes, style changes, quantities, etc. We will try to accommodate requests after pre-order placement but this is purely at the discretion of the designer. Pre-Orders can only be cancelled according to our Cancellation policy as stated in section 2.5 above.
2.8.4 If the shipment is unavoidably delayed, we will do our best to cancel the order if requested. Any delays, production changes or cancellations will be communicated to the customer as soon as it is confirmed by the designer. Post 24 hours of order placement any cancellations or changes will be according to our Returns & Exchange policy as stated in section 2.4 above & Returns & Exchange page.
2.8.5 For pre-order Products, all relevant shipping charges will be charged at such time as the Product is ready for shipment and for all other Products, the above charge is charged at the time you place your order for the Product. These charges are non-refundable once the product is ready for shipment and as per our Cancellation and Returns & Exchange policies.
2.9.1 LuxurySoi will make every effort to deliver Products within a reasonable time and to comply with our obligations under these Supply Terms, but we cannot be held responsible for delays or failures due to adverse weather; fire; flood or other natural disaster; traffic delays or failure of transport; mechanical breakdowns; strikes or other industrial action, or any other circumstances beyond our reasonable control
2.9.2 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Supply Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Supply Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
2.9.3 Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
2.9.4 The contract between you and us is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
2.9.5 If any of these Supply Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
2.9.6 These Supply Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
2.9.7 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Supply Terms.
2.9.8 Each Contract and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in all respects in accordance with laws of India and the parties hereby submit to the exclusive jurisdiction of the courts of Kolkata/Calcutta, India.
3.1 You agree to indemnify, defend and hold harmless LuxurySoi including but not limited to its affiliate LuxurySois, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by LuxurySoi that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Website Use. Further, You agree to hold LuxurySoi harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms of Website Use, or Your violation of any rights of another, including any intellectual property rights.
3.2 Notwithstanding anything to contrary, LuxurySoi entire liability to you under this Terms of Website Use or otherwise shall be the refund of the money charged from you for any specific product, under which the unlikely liability arises.
3.3 In no event shall LuxurySoi, its officers, directors, employees, partners or suppliers be liable to You, the LuxurySoi or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not LuxurySoi 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 or materials.
3.4 The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
3.5 The Website may contain links to other websites (“Linked Sites”).The Linked Sites are not under the control of luxurysoi.com or the Website and luxurysoi.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. Luxurysoi.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Luxurysoi.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by luxurysoi.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.
4.2 LuxurySoi may, at any time, with or without notice, terminate the Terms of Website Use (or portion thereof) with You if:
(b) LuxurySoi is required to do so by law (for example, where the provision of access to the website to You is, or becomes, unlawful;
(c) The provision of the access to the website to You by LuxurySoi is, in LuxurySoi opinion, no longer commercially viable;
(d) LuxurySoi has elected to discontinue, with or without reason, access to the Website,; or
4.3 LuxurySoi may also terminate or suspend all or a portion of Your account or access to the Website with or without reason. Termination of Your Account may include: (i) removal of access to all offerings within the Website; and (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof).
4.4 You agree that all terminations shall be made in LuxurySoi’s sole discretion and that LuxurySoi shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website.
4.6 If You or LuxurySoi terminates Your use of the Website, LuxurySoi may delete any content or other materials relating to Your use of the Website and LuxurySoi will have no liability to You or any third party for doing so.
5.3 Communication: You hereby expressly agree to receive communications by way of SMS, e-mails from LuxurySoi relating to Products provided through the Website.
A User can unsubscribe/ opt-out from receiving communications from LuxurySoi through SMS and e-mail anytime by:
Sending a e-mail to Customer Care at email@example.com to unsubscribe from messages/ SMS; and
Newsletters sent at the registered email address – by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail.
6.1 Any feedback You provide to this Website shall be deemed to be non-confidential. LuxurySoi shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) LuxurySoi is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) LuxurySoi may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from LuxurySoi for the feedback under any circumstances. You can write your feedback and e-mail to us on firstname.lastname@example.org