Terms and Conditions
Welcome to www.kushals.com India’s premier Online fashion and imitation jewellery store. The terms and conditions contained herein and the Privacy Statement provided in the site form an Agreement regulating our relationship with regard to the use of the kushals.com website by you. You are advised to read this Agreement carefully. If you are not agreeable to any terms and conditions, you should not use this service. Your using the site/store Kushals.com would constitute your confirmation & agreeing to all the terms and conditions of this Agreement in their entirety. If you accept this agreement, it will be considered to be a legally binding agreement between you and Kushal's.
This site www.kushals.com is created and controlled by Kushal's Fashion Jewellery Pvt. Ltd. In Bangalore, India; as such the laws of India shall apply; courts in Bangalore shall have jurisdiction in respect of all the terms, conditions and Safety Notice/Disclaimers. Kushals.com reserves the right to make changes to the site and the terms, conditions and Safety Notice/Disclaimers.
Definitions: "Agreement" means the Terms and Conditions as detailed herein including all Annexures, Appendices, Privacy Statement, Schedules, etc. And will include the references to this Agreement as amended, supplemented, varied or replaced from time to time."
“kushal's” "kushals.com" “Store" / "Site" means the online shopping platform owned and operated by Kushal's Fashion Jewellery Pvt. Ltd., which provides a venue to the users of Kushals.com to buy the products listed on Kushal's store/site.
"Customer" / "Buyer" shall mean the person or any legal entity who accepts the offer for sale on Kushals.com by placing an order for and or purchases any products offered for sale on Kushal's Store/Site.
"User"/ "You" means and includes you and/or any person or an entity using or accessing the services provided on this Site.
You represent and warrant that you are above 18 years of age, competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Site if you are not competent to contract under the applicable laws, rules and regulations.
Term of Agreement/Service:
This Agreement shall continue to be in full force and effect for so long as you are using the Kushal's services. Kushal's provides the online shopping platform wherein the Users can purchase/buy the products listed on Kushals.com pursuant to the terms and conditions set forth below. By checking the box below the shopping cart, you are agreeing to use the Services in a manner consistent with and abide by the terms and conditions of this Agreement, our Privacy Statement, and with all applicable laws and regulations. Either you or Kushal's may terminate the service at any time, with or without cause. However, Kushal's reserves the right, in its sole discretion, to terminate your access to the kushals.com site, its services and the related services or any portion thereof at any time, without notice. The provisions of Sections 13,14,15,16 and 18 shall survive any such termination.
Modification of Terms and conditions of Service:
Kushal's may at any time modify the Terms and Conditions ("Terms") of the Service without any prior notification to you. You can access the latest version of the Terms at any given time. You should regularly review the Terms. In the event the modified Terms are not acceptable to you, you should discontinue using the service. However, if you continue to use the service you agree to accept and abide by the modified Terms.
To avail of and use the Services you will have to register with kushals.com. As a part of registration process you agree to provide kushals.com current, complete, and accurate registration information (the "Registration Data") as prompted to do by the Service and to maintain and update this information as required to keep it current, complete and accurate.
If you provide any information that is untrue, inaccurate not current or incomplete then kushals.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, kushal's has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to Kushal's. You shall be responsible for maintaining the confidentiality of your password, which you will not be under an obligation to reveal to any representative or agent of kushal's.You shall notify email@example.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.
Users consents to receive communications from kushal's electronically. Kushal's will communicate with Users by email or SMS or by posting notices on the Site.
Online Shopping Platform :
You agree, understand and acknowledge that kushals.com is an online shopping platform, enabling the users to buy any product listed on kushals.com at the price indicated on the terms and conditions indicated therein at any time from any place.
Kushal's shall neither be liable nor responsible for any actions or inactions of the makers , any breach of conditions, representations or warranties by the or manufacturer of the products.
Users shall perform their obligations in respect of the transaction concluded on this Site and further expressly disclaims any warranties or representations express or implied in respect of quality, safety, merchantability, fitness for a particular purpose, or legality of the products listed and transacted on kushals.com.
Kushal's is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered, returned undelivered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply/till stock lasts.
Kushal's accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
All orders shall be pre-approved with an acceptable method of payment as established by kushal's which may call for and require additional verification or information.
The address at which delivery of the product ordered by you are to be made should be correct and proper in all respects.
After the receipt of payment from the Buyer, kushals.com shall arrange for the delivery of the product to the buyer at the shipping address provided by the Buyer.
Any and all orders placed by you on this Site are a firm commitment to purchase and you are obligated to complete the transaction and not contest it in anyway.
Before placing an order you are advised to check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
You agree, understand and confirm that the debit/credit card details provided by you for availing of services on www.kushals.com will be correct and accurate and you shall not use the debit/credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid debit/credit card details to Kushal's. Further the said information will be not be utilized and shared by kushal's with any of the third parties unless required by law, regulation or court order.
In a credit/debit card transaction, you must use your own credit/debit card. Kushal's will not be liable for any credit/debit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user.
Your passwords and account security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to kushal's for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify kushal's immediately at firstname.lastname@example.org .
You understand, declare and agree that:
Kushal's shall not and is not required to mediate or resolve any dispute or disagreement between you and the Manufacturer. You release and indemnify Kushal's and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site and specifically waive any claims that you may have in this behalf under any applicable law.
While kushals.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. Kushals.com cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Kushals.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, Kushals.com may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and Kushals.com will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that Kushals.com accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Kushals.com dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.
We strive to provide you with the best prices possible on Kushals.com as well as in all our stores. However, sometimes a price online does not match the price in a store. In our effort to be the lowest price provider in your particular geographic region, store pricing will sometimes differ from online prices. Prices and availability are subject to change without notice.
Cancellation by Kushals.com
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account.
Cancellations by the Customer
In case we receive a cancellation notice and the order has not been shipped by us, we shall cancel the order and refund the entire amount. The orders that have already been shipped out by us will not be cancelled and you will have to check our return policy on those orders. The customer agrees not to dispute the decision made by Kushals.com and accept Kushals.com's decision regarding the cancellation.
We have made every effort to display the colours of our products that appear on the Site as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to kushals.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain kushals.com property. Such disclosure, submission or offer of any Comments shall constitute an assignment to kushals.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, kushals.com owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Kushals.com will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Kushals.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
Kushals.com does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant kushals.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify kushals.com and its affiliates for all claims resulting from any Comments you submit. Kushals.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Suspension due to non-compliance with Agreement:
Notwithstanding other legal remedies that may be available to Kushal's may in its sole discretion limit User activity by immediately removing User listing either temporarily or indefinitely or suspend or terminate User membership, and/or refuse to provide User with access to the Site:
If the User is in breach any of the terms and conditions of this Agreement and/or the Terms and conditions of usage of kushals.com; If the User has provided wrong, inaccurate, incomplete or incorrect information; If your actions may cause any harm, damage or loss to the other Users of kushals.com.
Illegal and/or unauthorized use of the Service, including unauthorized framing of or linking to the kushals.com Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
User agrees to defend, indemnify and hold harmless Kushal's Fashion Jewellery Pvt. Ltd., its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the use of User's actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User's infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.
This clause shall survive the expiry or termination of this Agreement.
Limitation of Liability:
www.kushals.com has made this service available to use as a matter of convenience. Kushal's expressly disclaims any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the images available under this service in an obscene, vulgar or pornographic manner. User agrees and acknowledges that user shall be solely responsible for user's conduct and that kushal's reserves the right to terminate your rights to use the service immediately, notwithstanding penal provisions under the indian cyber laws or any other allied laws enacted by the government of india or any other statutory, legislative or regulatory authority authorized in this regard from time to time.
In no event shall kushal's be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the kushals sites/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement, even if kushal's has been advised of the possibility of damages, or inability to use the kushal's sites/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the kushal's sites/services, or otherwise arising out of the use of the kushal's sites/services, whether based on contract, tort, negligence, strict liability or otherwise, even if kushal's or any of its suppliers has been advised of the possibility of damages. Kushal's does not endorse in anyway any advertisers/ contents of advertisers on its webpages.
The clause shall survive the termination or expiry of this agreement.
Terms & Conditions for using Gift Vouchers/Coupons:
These cannot be used in conjunction with any other Gift Voucher/ Coupon Code or offers running at the store or at 3rd party/Affiliates
The Gift Voucher / Coupons are valid for a limited period only as maybe specified and in any case maybe withdrawn or discontinued without any prior notice
Use of this site is subject to our Privacy Statement (Policy), Kushal's respects your privacy. Kushal's will not intentionally monitor or disclose any private messages or address information unless required by law, regulation or court order. You agree to respect the privacy and confidentiality of others.
We reserve the right to change or update these policies at any time upon reasonable notice, effective immediately upon posting to this site.
The information about the products published on Kushal's site are provided by Kushal's on the basis of the information received from the product manufacturers and vendors and are on an "as is where is" basis. Kushal's makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials or products, included on this site. To the full extent permissible by applicable law, Kushal's disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Kushal's will not be liable for any damages of any kind arising from the use of this site or any of the products offered, including but not limited to direct, indirect, incidental, punitive and consequential damages. Kushal's only facilitates the sale of products
www.kushals.com expressly disclaims any warranties whether express or implied about the suitability, reliability, availability, timeliness, quality, conitunity, performance, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the kushal's sites/services for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind. Kushal's hereby disclaims all warranties and conditions with regard to this service, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.
User specifically agrees that kushal's shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through a site/service. Users specifically agree that kushal's is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. Users specifically agree that kushal's is not responsible for any content sent using and/or included in an kushal's site/service by any third party. Advice received via the kushal's sites/services should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Kushal's with respect to the Kushal's sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Kushal's with respect to the Kushals sites/services. Kushal's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
Governing Law and Jurisdiction:
This agreement is governed and construed in accordance with the Laws of Union of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Bangalore, Karnataka, India, in all disputes arising out of or relating to the use of the Kushal's sites/services. Use of the Kushal's sites/services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold Kushal's, its subsidiaries, affiliates, directors, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Kushal's sites/services.
Kushal's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Kushal's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Kushal's sites/services or information provided to or gathered by Kushal's with respect to such use.
Www.kushals.com and any other expression that contains the word "Kushal's" are the India-wide trademarks of Kushal's Fashion Jewellery Pvt. Ltd.
These trademarks may not be used in connection with any product or service that is not that of Kushal's. All Trademarks/Logos other than that of Kushal's used in this site are acknowledged to be of the respective Manufacturers who are the respective owners of the said/applicable Trademarks/Logos. Kushal's in no way makes any claims or representation other than use of the said logos in this site.