Terms and Conditions

DESCRIPTION OF SERVICES

This Website provides access to pricing, news and other information services related to apparel and ethnic wear.

PRODUCT AVAILABILITY

Due to slow connectivity of Internet, failure in processing of the order due to any technical default, etc. there may be possibilities that the item selected and put in the cart is not available anymore as the same might have been sold to other customer. Such situation occurs in cases of shortage of products/ articles of a particular range/ quality/ price discount offered/ or high demand at that point of time.

In such an event, KAYA will call the Customer (provided she is a registered user on the Website) and suggest an alternate product. In case the Customer chooses a different product, KAYA shall confirm the new order. If the cost of the new selection is more expensive than the previous one, the Customer shall have to pay the differential amount. If the cost of the new selection is less expensive than the previous one, KAYA shall refund the excess amount to the Customer in the manner specified below in this Terms of Use.

REGISTRATION

You are required to register as a User by choosing a user ID and password for creating an account on our website which can be maintained through either Facebook or Gmail. You will be responsible for maintaining the confidentiality of the user ID and password for the account that you make.

Personal Information provided to us like your name and other details, including but not limited to, e-mail, contact number, contact address and customer verification question (example: your mother's maiden name), which will be used for verification purposes will be stored in our database and the confidentiality of the data provided shall be maintained in accordance with the Privacy Laws of India.

ORDER

Before confirmation of any order(s) placed, KAYA may contact you through the Website and ask you a verification question and the order shall be confirmed only after the verification question is answered by the Customer, generally in case of COD orders.

Once the purchase of the item(s) is confirmed by you, KAYA will arrange to pack and deliver the product to you.

In case the option of payment selected at the time of opting to pay is by electronic means (be it Debit/ Credit/ Net- Banking), all the orders will be considered complete only after the payment has been received by KAYA and receipt of payment has been confirmed by our Accounts Division.

In case, you opt to make the payment on Cash-on-Delivery basis, the orders shall stand completed once the cash payment has been received by the delivery person and the product/ article ordered is handed over to you and a receiving has been signed by the you or anybody on your behalf.

PAYMENT OPTIONS

To make shopping with us easier, you have the following options to make payment to us:

Cash-on-Delivery (at selected places only): Our courier partner supports cash on delivery as a payment option at no additional charges. Customers can opt for this payment mode by selecting the ‘Cash on delivery’ option in the checkout page.

Online Payment: Customers can make online payments using credit/debit card; and 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 pre-set limit mutually agreed by us with our acquiring bank from time to time.

In the event the bank rejects to honour any payment transaction made by a Customer towards an order, KAYA shall have the right to refuse to ship the order to the Customer without any liability whatsoever.

• Debit Card
• Credit Card
• Net Banking

SHIPPING

We have a transparent and clear shipping policy for all orders placed on our website, without any special exceptions. Before placing an order, we always advise our customers to go through the description of the product thoroughly on the product page.

We offer FREE shipping for all orders above Rs.999/-. But for certain inaccessible and / or locations requiring special arrangement to ship the products within India, the actual shipping charge by the courier company will be charged.

After your product(s) has been successfully placed, booked and packaged, it will be shipped within 24-48 working hours. The expected time frame for the delivery of the booked products to the shipping address is between 3-7 business days. Your order will be shipped to you fully insured.

We urge all customers to inspect the package for any damage or tamper before receiving or signing for receipt.

Different products have different lead times for delivery depending upon the tie up of various manufacturers with various logistic companies. Delivery of products is not attempted on Sundays or “public holidays”.

Please note all the items will be shipped with an invoice mentioning the price, as per Indian Tax Regulations.

Depending on the product(s) you purchase on our website and the location to which the products have to be delivered, different shipping methods will be available. Each shipping method has its own restrictions and charges that will be applied to your order.

EXCHANGE POLICY

Any order exchange request will be entertained only within 30 days from the date of placing the order.

*Note: It will be in accordance with the size only, i.e., either if the product size is too large or too small for you.

CANCELLATION AND RETURN POLICY

Any order cancellation request will be entertained only before dispatch of the order. Any return request will be entertained only within 30 days from the date of placing the order. No exchange/return request will be allowed after the 30 days period from order date.

Also, while returning the product(s), the product must have its tag on and the bill should also be submitted along with it.

*Note: Only defective products can be returned. No other returns will be taken into account.

*Note: The actual credit to your account will depend on your banks processing time.

REFUNDS

Any refunds due by KAYA to the Customer shall be made in the following manners:

• Credit card: The credit card account of the Customer will be re-credited with the refund amount by the KAYA without any charge on the Credit Card. The refund amount will be credited to the Customer's account within the time span stipulated by the bank which has issued the credit card.
• Cheque or wire transfer: The refund amount shall be deposited into the bank account of the Customer by KAYA within ten (10) business days after the receipt of request for refund by the Customer has been approved.

*Note: If you do not receive a credit within this time, please check with your bank and let us know if you face any issues with the same.

*Note: We shall refund the amounts only after we receive the products back and the quality check has been done for the same.

TERMS AND CONDITIONS

By using this Website, you represent and warrant that: 

1. You are 18 years of age or older and that your use of the website and /or services shall not violate any applicable law or regulation. 

2. All registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. 

3. Your membership is solely for your personal and non-commercial use. Any use of this website or its content other than for personal purposes is prohibited. 

4. Your personal and non-commercial use of this website shall be subjected to the following restriction (i) you shall not modify any content of the website, including but not limited to, any public display, description, performance, sale, rental, pricing of the product; (ii) you shall not decompile, reverse engineer, or disassemble the content, or (iii) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use this website in any manner that may be harmful to the operation of this website or its content.

5. You will not (a) use any product or service available on the website for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the website and/or services in any way that is unlawful, or harms KAYA or any other person or entity, as determined in the KAYA sole discretion.

6. You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the website and/or services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the website and/or services.

7. You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," "phishing" and "grieving" as those terms are commonly understood and used on the internet.

8. You will not delete or modify any content of the website and/or services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify. 

9. KAYA cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of this terms of use, and, as between you and KAYA, you hereby assume all risk of harm or injury resulting from any such lack of compliance. 

10. All information, content and material contained in the website and / or services are KAYA’s copyrighted property. All trademarks, services marks, trade names, and trade dress are proprietary to KAYA. No information, content or material from the website and / or services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the KAYA’s express written permission.

11. You acknowledge that when you access a link that leaves the website, the site you will enter into is not controlled by KAYA and different terms of use and privacy policy may apply. By accessing links to other sites, you acknowledge that KAYA is not responsible for those sites. KAYA reserves the right to disable links from third-party sites to the website, although KAYA is under no obligation to do so.

You expressly understand and agree that: 

The information, content and materials on this website and/or services are provided on an "as is" and "as available" basis. KAYA and all its subsidiaries, affiliates, officers, employees, agents, partners and licensors disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose and non-infringement.

1. KAYA makes all reasonable efforts to display the products listed for sale on its web site(s) as accurately as possible. However, KAYA cannot guarantee that your monitor's display of any product color, texture or detail will be accurate. KAYA does not warrant that product descriptions or other content are accurate, complete, reliable current or error free. While KAYA makes every effort to ensure that the products are described and priced accurately, in the event that an item is deemed to be priced incorrectly, KAYA reserves the right to refuse the sale of that item. 

2. KAYA does not warrant that the functions contained in content, information and materials on the website and / or services, including, without limitation any third party sites or services linked to the website and / or services will be uninterrupted, timely or error-free, that the defects will be rectified, or that the website or the servers that make such content, information and materials available are free of viruses or other harmful components.

3. Any material downloaded or otherwise obtained through the website and / or services are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system. 

You hereby indemnify, defend, and hold KAYA, its distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) arising from your use of the website.

You expressly understand that under no circumstances, including, but not limited to, negligence, shall the company be liable to you or any other person or entity for any direct, indirect, incidental, special, or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including but not limited to: (i) the use or the inability to use the website and / or services; or (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the website and / or services or (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the website and / or services; or (v) any other matter relating to the website and / or services.

KAYA or any of the foregoing entities' respective resellers, distributors, service providers and suppliers be relieved of all its responsibilities, if any, in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond the company's reasonable control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond the reasonable control of the company or any of the foregoing entities' respective resellers, distributors, service providers and suppliers. You further acknowledge and agree that neither the company nor any of the foregoing entities' respective resellers, distributors, service providers and suppliers are responsible or liable for (a) any incompatibility between the website and / or services and any other website, service, software or hardware or (b) any delays or failures you may experience with any transmissions or transactions relating to the website in an accurate or timely manner. 

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 14 and 15 may not apply to you.

Each paragraph, clause, sub-clause and provision of this terms of use shall be severable from each other and if for any reason any paragraph, clause, sub-clause or provision is invalid or unenforceable, such invalidity or enforceability shall not prejudice or in any way affect the validity or enforceability of any other paragraph, clause, sub-clause or provision, which shall be read and construed so as to give thereto, the full effect thereof, subject only to any contrary provision of the law to the effect that where this provision of this terms of use or any paragraph, clause, sub-clause or provision hereof would be but for the provisions of this paragraph read and construed as being void or ineffective it shall nevertheless be a valid terms of use, paragraph, clause, sub-clause or provision, as the case may be, to the full extent to which it is not contrary to any provision of the law. 

Those who access the website and / or services do so, on their own initiative and are responsible for compliance with all applicable laws including, but not limited to, any applicable local laws. The terms of use is governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to these terms and conditions, shall be subject to the jurisdiction of the courts at Bangalore. 

In the event of breach of the terms of use by the user, the user shall be promptly liable to indemnify KAYA for all the costs, losses and damages caused to KAYA as a result of such a breach. Further in the event of your breach of these terms of use, you agree that KAYA will be irreparably harmed and will not have an adequate remedy in money or damages. KAYA therefore, shall be entitled in such an event to obtain an injunction against such a breach from any court of competent jurisdiction immediately upon request. KAYA’s right to obtain such relief shall not limit its right to obtain other remedies.

Any failure of KAYA to exercise or enforce any right or provision of these terms of use shall not operate as a waiver of such right or provision.

I have read the terms of use and agree to all of the provisions contained above.