You (“you”or “End User”or “your”or “Buyer”or “Customer”) are required to read and accept all of the terms and conditions laid down in this Terms and Conditions (“Terms and Conditions”or “TERMS AND CONDITIONS”or “Terms”or “Agreement”) and the linked Privacy Policy, before you may use vivasa.co.in. The Site allows you to browse, select and purchase Clothing and Accessories (“Goods”or “Products”or “Services”).
Your use of this website vivasa.co.in (hereinafter referred to as the “Site”) and its related sites, services and tools, implies that you agree to the TERMS AND CONDITIONS governing it. These TERMS AND CONDITIONS are applicable upon acceptance and regulates the relationship between you and VIVASA, these TERMS AND CONDITIONS will prevail for the purposes of usage of the Site. If you disagree with any of the clauses in the TERMS AND CONDITIONS and the Privacy Policy, you may not use the Site in any way. For the purposes of these TERMS AND CONDITIONS, the term ‘Accept’ shall mean that you agree when you clicking on ‘check box’ and on the ‘continue button’ on the registration page or any other actions that imply your acceptance.
The Company reserves the right to amend this Agreement and/or the Privacy Policy at any time by posting a revised version on the Site. You shall be notified regarding all updates and amendments through posts on website or through e-mail. The revised version shall be effective as soon as we post it on the Site, and your continue usage of our Site implies your agreement to the revised TERMS AND CONDITIONS and Privacy Policy.
Please go through these terms and conditions carefully. Be informed that these terms & conditions, along with the modifications and amendments from time to time, are a binding contract between the company and you. Your visit, use, or shopping at the site (or any future site operated by the company), means that you accept these terms and conditions. In addition, your use of any present or future services of the company or purchase from a affiliate business of the company or third party vendors, which may or may not be included in the site, you will be subject to the guidelines and conditions applicable to such services or service provider. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will prevail.
As a prerequisite for purchase, the Site seeks your permission to send you administrative and promotional emails. By agreeing to this condition, you permit us to send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. Refer to our Privacy Policy for details. We shall in no way be responsible for any promotional emails or SMS/MMS sent to you. The offers in the promotional emails or SMS/MMS are liable to change at any time, subject to sole discretion of the Company, where the Company is not answerable to provide any information regarding the same. When you place an order, it implies your agreement to standard Site restrictions, item or product specific restrictions, and to the terms and conditions mentioned below. By creating an account in order to purchase any product from the Site, you get easy access to your orders and view your past purchases.
The Site/Company undertakes no responsibility for third party vendors and their services or products. The Company offers no warranty and guarantee to users for quality, safety or other aspect of a product or service supplied by a Merchant for services or activities arising out of their use and the user is responsible for his or her own actions in utilising those services.
We do not accept any orders by cash on delivery (COD). Only pre paid orders are accepted.
We provide users access to clothing and accessories that can be purchased at the price mentioned on the site.
By using this Site, the User agrees to comply with all of the TERMS AND CONDITIONS hereof. This Agreement sets the terms and conditions for the use of the Site by the User. The right to use the Site is reserved for the User alone and is non-transferable to any other person or entity. Protecting the password(s) is the responsibility of the User. While we offer to provide the most secure online shopping experience, in case of service or events beyond control of the Company, the Company shall not be responsible for data loss while transmitting information on the internet. Even with the best intentions of making the Site accessible 24 hours per day, 7 days per week, it may be unavailable for various reason such as, routine maintenance and server traffic. In agreeing to the terms and conditions, you acknowledge that access to the Site may be interrupted, suspended or terminated from time to time due to circumstances both within and outside of the control of the Company. We have the right 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, without any notice. There is a possibility that the Company may discontinue disseminating any information, change or eliminate any distribution method and may change speed or signal specifications.
The Site is open to those persons only who can form legally binding contracts under Indian Contract Act, 1872. Persons "incompetent to contract" within the meaning of the Indian Contract Act, 1872 —minors, un-discharged insolvents etc. are ineligible for use of Site. Such people may not register as a member of the Site and shall not sell, purchase or bid for any items on the Site. A legal guardian or parents of a minor may make a purchase on the dependant'd behalf by registering themselves a s a user. We retain the right to discontinue your membership and refuse to provide you with access to the Site if it is brought to our notice or if it is discovered that you are under the age of 18 years.
In order to use the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. It is assumed that the information you provide is true, accurate, current and complete, as required by the Site's registration form. If you provide untrue, inaccurate, not current or incomplete information, or the information becomes untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). For the use of the Site, the onus of maintaining the confidentiality of your account and password including cases when it is being used by any of your family members, friends or relatives, whether a minor or an adult, lies with you. You are responsible for all transactions made from your account and any dispute arising out of any misuse of your account, whether by any family member, friend, relative, any third party or otherwise, shall not be entertained by the us. For this, we recommend that you sign out from your account at the end of each session. Notify us immediately of any unauthorised use of your account or any breach of security. For whatever reason, we reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion
To access and use password protected and/or secure areas of the Site, you need to be an authorised user. Unauthorised individuals attempting to access these areas of the Site are liable to prosecution.
"Your Information" is any or all of the information that you provide to us or other users of the Site during the registration process, in the feedback area, bulletin board, chat service etc. or through any E-mail feature. You are solely responsible for information you provide in 'Your Information', and in keeping with some features of the Site we may only act as a passive channel for online distribution and publication of Your Information.
The bold text that follows is inserted in accordance with the Information Technology (Intermediaries guidelines) Rules 2011. Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011 in case of non-compliance with rules and regulations, Agreement and privacy policy for access or usage of intermediary computer resource, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of Intermediary and remove non-compliant information.
You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that: (a) belongs to another person and to which You does not have any right to; (b) 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 whatever; (c) harm minors in any way;(d) infringes any patent, trademark, copyright or other proprietary rights (e) violates any law for the time being in force; (f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonate another person; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) 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. (j) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
We are under no obligation to review any messages, information or content posted on the Site by users and are not responsible or liable for any such Postings. Despite the above, We may monitor the Posts on the Site and may decline to accept and/or remove any email or Postings that violate the provisions of this Clause. To enable us to use the information you give us, you grant us non-exclusive, global, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, related to Your Information. Your Information will be used only in accordance with this Agreement and/or our Privacy Policy.
It shall be up to the The User to obtain and maintain telephone, computer hardware and other equipment required to use the Site and all related charges. Any damages incurred due to the usage of the Site are not the responsibility of The Company.
Despite every possible effort to display colours of our products as accurately as possible, computer monitors vary and we cannot guarantee that your monitor's display of colours will be completely accurate.
By using the Site to send emails or other data to communicate with us, You agree and understand that You are using electronic records and consent to receive communications via electronic records from us periodically. Our communication through email or electronic record on our Site which will be deemed as service of notice.
By granting you limited license to access, we allow you to make use of the Site and the Service, and this does not include any downloading or copying of account information for the benefit of another vendor or any other third party. You are not permitted to indulge in caching, unauthorised hypertext linking, uploading, posting, or transmitting content that is not rightfully your own property. By uploading, posting, or transmitting any material that contains malware, software viruses or any other computer code, files or programs that can cause interruption, destruction or limits the functionality of computer software or hardware or telecommunications equipment, you are liable to be barred from using the Site or its services. Loading the infrastructure unnecessarily or using data mining, robots, or similar data gathering and extraction tools or trying to bypass any measures used by us to prevent or restrict access to the Site may also lead to termination of permission or license granted by us for usage of the Site and its Services.
We undertake no responsibility for links to other World Wide Web sites or resources on the Site or on third party sites and in no way endorse any content, advertising, products or other materials on such sites or resources. Any damage or loss caused or alleged in connection with use of or reliance on any such content, goods or services available on or through any such site or resource is not our liability or responsibility in any manner.
Our prices are the best that we can offer and we do not claim that they will be the lowest in the region. We have the right to change the prices at any time and without any notice and shall be determined solely at our discretion. There is no comparison with other products or services of the same or similar kind elsewhere
Although we take utmost care that we give out the most accurate information regarding products and prices, inadvertent errors in typography relating to pricing or product description may occur. In such an event, we may contact you for instructions or cancel your order and notify you of such cancellation. We may modify the price of any product and contact you regarding follow-up of the same using e-mail or telephone that you provide during the registration. Payments shall be debited to your credit card when we process your order and in case we cancel your order after processing it, the amount shall be refunded to your credit card account.
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 such as limited stock, inaccuracies in product or pricing information or defective product. In case a portion of, or all of your order has to be cancelled, or we need more verification information from your side, we will get in touch with you. In case we cancel your order after processing it, the amount shall be refunded to your credit card account within 10 working days.
The right to accept or reject requests for order cancellations rests with us and we may do so for any reason. Under normal circumstances, if a request for cancellation is received before the order has been approved or processed by us, the entire amount is refunded and the order is cancelled. For that, the request should reach us within 24 hours of placing the order. Orders that have been processed and approved or for which the request for cancellation is made after 24 hours shall not be cancelled. We reserve the right to decide whether an order has been processed or not. When you place an order, you agree that you will not dispute the decision made by us and accepts our decision regarding the cancellation.
Should we come across a user account that is being used for fraudulent transactions, or where the user may be using more than one account to avail our services, the user shall be liable for legal action as per the law and we have the right to recover the costs of goods and handling and legal charges incurred. We have the right to take legal action against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. If fraudulent or declined transaction is discovered before legal action is initiated, We have the right to immediately delete such account and dishonour all past and pending orders without any liability for refunds whatsoever.
As a merchant, we shall be under no liability, for any kind of any loss or damage arising directly or indirectly out of the decline of authorisation 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.
You agree, understand and confirm that the credit card details provided by you for availing of services on the Site will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to us. Further the said information will not be utilised and 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.
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND SUITABILITY FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN US, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, OPPORTUNITY, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, SALE AND SUPPLY OF GOODS CONTENT OR ANY RELATED/UNRELATED SERVICES AND OTHER SERVICES OFFERED ON THE SITE FROM TIME TO TIME.
You shall to the fullest extent indemnify and hold harmless the Company, its subsidiaries and 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.
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 duration of each sale on website will be 24 X 7. It is the customer’s responsibility to login earlier if they want to avail better products or styles because our sales are “first come, first served”. No restocking of merchandise is done once it is sold out. No information regarding the presence of any Product in our stock will be given and you will be alerted only when an item is sold out.
We try our very best, but do not guarantee, delivery of the products to Users within 3-7 days from the day of close of sale depending upon the shipping location. As our nature of work requires us to work with different type of suppliers (Manufacturers, designers, distributors, importers etc.), the delivery time to Users is subject to delivery of products from supplier to us. Delay could also be caused by factors such as delay in delivery through the courier partner, transporters’strike etc. We reserve the right to make delivery of the goods by instalments. If the goods are to be delivered in instalments, each delivery will constitute a separate contract. You may not treat the contract (as a whole) as repudiated if we fail to deliver any one or more of the instalments or if you have a claim in respect of any one or more of the instalments.
Please note we insure each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a third party recipient for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by us of our obligation, and transfer of responsibility in the same way. It is our endeavour to dispatch all orders within 24 hours, or 48 hours during sale periods. The time we suggest for delivery is only an estimate and should only be treated as such. We are not responsible for any delays caused by third party delivery agencies and/or due to time required for statutory clearances during the delivery process.
At times, we may 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:
(i)failure of the concerned manufacturer/supplier/designer/importer to deliver relevant product to us;
(ii) unavailability of the relevant product;
(iii) poor/improper/defective quality of the relevant product ascertained through our quality audit process; and
(iv) inaccuracies or errors in product or pricing information.
As these circumstances are beyond our control, you cannot claim any damages or monetary compensation.
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.
The trademarks, logos and service marks ("Marks") displayed on the Site are our property and/or the property of the respective persons. Users are not allowed to use any Marks for any purpose whatsoever without our prior written permission or that of a third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. The Users may not in any manner modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or use any Content available on or through the Site for commercial or public purposes.
The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of the Company protected by copyright as a collective work under the applicable copyright laws. The Company owns a copyright of the original content as well as the selection, coordination, arrangement and enhancement of such content. Users are not permitted to modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print / save copyrighted material for the User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of the Company and the copyright owner is permitted. Copying, redistribution or publication of copyrighted material where permitted, shall not imply changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with the Company shall not be deemed to be in the public domain but rather the exclusive property of the Company, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of the Company, unless otherwise stated.
None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever. Except as explicitly stated otherwise, to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.’
If any clause of this Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Agreement.
This Agreement sets forth the entire understanding and agreement between you and us with respect to the subject matter hereof.
In the Company’s sole discretion, it may transfer its rights and obligations (under this Agreement without your prior express consent.
If you breach this Agreement, and the Privacy Policy or the documents they incorporate by reference and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the aforesaid.
The Company reserves the right to terminate this Agreement at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate any passwords or accounts of the User in the event of any conduct by the User which the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by the User of this Agreement. Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement.
If any dispute arises between you and the Company during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, and the Privacy Policy or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by the Company. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English/ Hindi language. All subjects to Bareilly Jurisdiction only.
This Agreement, and the Privacy Policy or the documents they incorporate by reference shall be governed and construed in accordance with the laws of India, with exclusive jurisdiction conferred on the honourable courts at Bareilly.
CUSTOMER SERVICE:
- We deliver to all regions across india, and offer different shipping options as applicable.
- For more information, please contact our customer care service at vivasa.co.in@gmail.com or +91 9012566668
Any items notified by our courier companies to be restricted and/or banned and/or prohibited from time to time(including but not limited to animals, bullion, currency, bearer from negotiable instruments, precious metals and stones, firearms or parts thereof and ammunition, human remains, pornography and illegal narcotics/drugs).
Order cut-off times are provided as guidelines only, and do not take into account possible delays caused by payment authorization.
We aim to dispatch all orders within 24 hours with the exception of sale periods where it may take up to 72 hours.
Estimated delivery times are to be used as a reference point only and start from the date of dispatch.
We are not responsible for any delays caused by destination customs clearance processes.
All orders require a signature upon receipt.
We are unable to redirect orders once items have been dispatched.
All domestic orders will take about 3-7 working days for delivery from the date of dispatch. For further information on the order status, contact our customer care and they may be able to handle your request.
Shipping charges
Shipping charges applicable as per the location.
Product Prices displayed are inclusive of all taxes and duties delivered/sale in India. Shipping charges extra.
Return & Exchange Policy
We don’t exchange or return any of our product once it is dispatched. For more information, please contact our customer care service at vivasa.co.in@gmail.com or +91 9012566668
Cancellation
The customer can cancel the order within 12 hours of placing the order. We shall not be able to process the cancellation if the order/orders are processed or after 12 hours. Refund will be provided against the cancellation of an order.
We offers you the following payment methods to shop on our website:
Credit Card: We accept Visa & Mastercards.
Dedit Card: We accept Maestro, Visa and Mastercards.
Net Banking: We support net banking with All banks.
Our Bank Account details are as follows:-
Bank Name: HDFC Bank
Branch Address: Civil lines- Bareilly
Beneficiary Account Number: 50200037071558
Beneficiary Name: VITRAG CLOTH DISTRIBUTORS
IFSC: HDFC0000304
Have a question or comment? Use the form below to send us a message or contact us by mail at vivasa.co.in@gmail.com:
We'd love to hear from you - please use the form to send us your message or ideas. Or simply pop in for a cup of fresh tea and a cookie:
VIVASA
A UNIT OF VITRAG CLOTH DISTRIBUTORS
B-42/12, RAJENDRA NAGAR, GUPTA CHAURAHA
BAREILLY, UTTAR PRADESH
243001
Email: vivasa.co.in@gmail.com
Toll-free: +91 9012566668
Opening Hours:
Mon-Wed & Fri-Sun, 10:30 AM to 9:00 PM IST
