Welcome to samodish.com (“Website”). We provide website features and other products and services to you when you visit or shop on the Website, use our products or services, or use software provided by samodish.com in connection with any of the foregoing. samodish.com provides these products and services subject to the following conditions. This user agreement (“Terms and Conditions” or “T&C” or “Terms” or “Agreement”) is between you (“you” or “End User”or “Buyer” or “Customer” or “Registered User”) and Kavita Sales (“Sole Proprietorship” or “us” or “We” or “samodish.com” or “samodish”).
Please read these Terms and Conditions carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms and Conditions. If you do not agree to all the Terms of this agreement, then you may not access the Website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms and Conditions.
ELECTRONIC RECORD
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures .Notwithstanding anything contained or said in any other document, if there is a conflict between the terms mentioned herein below and any other document, the terms contained in the present T&C shall alone prevail for the purposes of usage of the Website.
INTRODUCTION
The domain name samodish.com is registered in the name of Kavita Sales, a registered sole proprietorship. Its registered office is at Above Chawla Bag Teen Nal Chowk, GandhiBagh, Nagpur 444002, India. We are in the business of selling Indian ethnic wear apparel and other related goods and have a retail store located in Nagpur.
RIGHT TO CHANGE
We reserve the sole right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions every time you purchase products from us or use our Website.
ELECTRONIC COMMUNICATIONS
When you use any of our services, or send e-mails to us, you are communicating with us electronically. You by using our services consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through other services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The legal requirements would be in conformity with the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, We own all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not ), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to us without obtaining authorization from us.
A User shall not upload post or otherwise make available any material protected by copyright, trademark or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary right. We do not have any express burden or responsibility to provide the Users with indications, markings or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Website, a User warrants that the owner of such material has expressly granted samodish.com the royalty-free, perpetual, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other end user to access, view, and store or reproduce the material for that end user’s personal use. User hereby grants samodish.com, the right to edit, copy, publish and distribute any material made available on the Website by the User.
COOKIES
We employ the use of cookies. By using the Website, you consent to the use of cookies
in accordance with our Privacy Policy. Most of the modern day interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our Website to enable the functionality of this area and ease of use for users and visitors. Some of our affiliates / advertising partners may also use cookies.
TRADEMARKS
The Website 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 samodish.com protected by copyright as a collective work under the applicable copyright laws. We own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not 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 samodish.com and the copyright owner is permitted.
If copying, redistribution or publication of copyrighted material is permitted, no 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 Website shall not be deemed to be in the public domain but rather the exclusive property of samodish.com.
INTELLECTUAL PROPERTY RIGHTS
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes any Intellectual Property Right infringement, please address a complaint to us by way of an email on contact@samodish.com
USER RESPONSIBILITY AND REGISTRATION OBLIGATIONS
If you use the Website as a Registered User, you agree that you are competent to contract within the meaning of the Indian Contract Act, 1872. We reserve the right to terminate your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years. You are solely responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter-alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by you as a visitor or user of a third party site through which you access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, then samodish.com has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
As a condition of purchase, the Website requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. You can opt-out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences. Please see our Privacy Policy for details. The offers made in any promotional messages sent via emails/SMS/MMS shall be subject to change at the sole discretion of samodish.com and we owe no responsibility to provide you any information regarding such change.
You undertake not to host, display, upload, modify, publish, transmit, update or share any information that is contained on the Website that: belongs to another person and to which you do not have any right to; 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; harm minors in any way; infringes any patent, trademark , copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
That in case it is found that you are in violation of these express conditions, you shall be solely responsible and shall face all legal consequences of the same by yourself and that samodish.com shall in no manner be held responsible for the same.
FRAMES
Without prior approval and express written permission from samodish.com, you may not create frames around our webpages or use other techniques that alter in any way the visual presentation or appearance of our Website.
HYPERLINKING TO OUR CONTENT
(A) The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors when they list us in the directory may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.
(B) These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
(C) We may consider and approve in our sole discretion other link requests from the following types of organizations: - commonly-known consumer and/or business information sources such as Chambers of Commerce and Consumers Union;
- dot.com community sites;
- associations or other groups representing charities, including charity giving sites,
- online directory distributors;
- internet portals;
- accounting, law and consulting firms whose primary clients are businesses; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavourably on us; or (b) the organization does not have an unsatisfactory record with us; and (c) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
If you are among the organizations listed above and are interested in linking to our Website, you must notify us by sending an e-mail to contact@samodish.com . Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URL(s) on our site to which you would like to link. Please allow 14 working working days for a response.
Approved organizations may hyperlink to our Website as follows: - By use of our corporate name; or
- By use of the uniform resource locator (Web address) being linked to; or
- By use of any other description of our Website or material being linked to that makes sense within the context and format of content on the linking party’s site.
No use of samodish.com’s logo or other artwork will be allowed for linking in absence of a trademark license agreement.
RESERVATION OF RIGHTS
We reserve the right at any time and in our sole discretion to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon such request. We also reserve the right to amend the linking policy of our Website at any time. By continuing to link to our Website, you agree to be bound to and abide by these linking terms and conditions.
BILLING
The price of our merchandise as mentioned on the Website is the Maximum Retail Price (MRP) for the said product. Such MRP shall be inclusive of all local taxes as are applicable in India. Additional applicable taxes may be charged depending upon the destination where the order has to be shipped to. The tax rate applied and charged upon the order shall include combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. samodish.com reserves the right to collect taxes and/or such other levy/ duty/ surcharge that we may have to incur in addition to the normal taxes it may have to pay. We may also charge delivery charges which may include postal charges / shipment charges etc. that may be applicable for your country.
ORDER CANCELLATION BY samodish.com
Due to unavoidable circumstances there may be times when certain orders having been validly placed may not be processed or capable of being dispatched. samodish.com reserves the exclusive right to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card/ debit card/ any other mode of payment has been charged, the said amount will be reversed into your account/ as the case may be to the source of the payment within a period of 30 working working days. Any type of voucher used in these orders shall be returned and made available to the user in case of cancellation by us.
SHIPPING FEES
Our shipping and processing charges are intended to compensate samodish.com for the cost of processing your order, handling and packing the products you purchase and delivering them to you.
PAYMENT
While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you including but not limited to the following: (a) lack of authorization for any transaction/s; (b) or exceeding the present limit mutually agreed by you and between your “Bank /s”; (c) or any payment issues arising out of the transaction; (d) or decline of transaction for any other reason/s.
All payments made against the purchases /services on the Website by you shall be as against the MRP displayed on the Website and shall be in terms and conditions of the third party Online Payment Gateway Services as adopted and applicable to your transaction as approved by samodish.com. Before shipping your order to you, we may request you to provide supporting documents (including but not limited to Govt. Issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done so as to ensure a safe and a full proof online shopping environment to our users.
samodish.com may employ RazorPay, PayPal and such other third party facilities, for Payments on the Website. Such payments can be made through the electronic or through cash on delivery transactions, as may be permitted by samodish.com which shall be at its sole discretion. Use of such third party services will be governed by their User Agreement, Seller Terms, Conditions and other rules and policies as may be required and applicable for your nature of activities.
DELIVERY
We endeavour but do not guarantee delivery of products in the stipulated time period as mentioned on the purchase of the product. In no manner can the contract be repudiated if we fail to deliver any one or more products in the stipulated time frame. However, if you fail to take the delivery of the goods, we may in our discretion charge you for additional shipping cost.
LOSS IN TRANSIT
We shall make every endeavour to deliver defect free products to the purchasers. We do not take title to any returned items purchased by the User unless the item is received by us. Any item purchased on our Website does not qualify for any return unless the product delivered is damaged or has manufacturing defects. The defective and/or damaged good(s) so received shall be communicated to us within 48 hours of its receipt. Any communication received after 48 hours of delivery shall not qualify for return unless expressly covered by the product warranty even in case the said product has been wrongly delivered.
We hold the sole discretion to determine whether a refund can/should be issued. For further information please read our Returns & Exchanges Policy.
REFUNDS & RETURNS
We shall make every endeavour to deliver defect free products to the purchasers. We do not take title to any returned items purchased by the User unless the item is received by us. Any item purchased on our Website does not qualify for any return unless the product delivered is damaged or has manufacturing defects. The defective and/or damaged good(s) so received shall be communicated to samodish.com within 48 hours of its receipt. Any communication received after 48 hours of delivery shall not qualify for return unless expressly covered by the product warranty even in case the said product has been wrongly delivered.
We hold the sole discretion to determine whether a refund can be issued. For further information please read our Returns & Exchanges Policy available.
PRODUCT DESCRIPTIONS
We make every attempt to ensure that each product on our Website is displayed as accurately as possible. However, we do not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product offered on our Website is not as described, your sole remedy is to contact us within 48 hours of receipt of such product and we reserve the right to provide a solution as per our sole discretion. We are not liable to issue any refunds or allow exchanges and/or returns as a matter of policy.
PRODUCT PRICING DISCLAIMER
The prices of products displayed on our Website may differ from prices that are available in our store(s). Further, the prices displayed in our catalogues are quotes which may vary from country to country for the same product. Prices shown on the Website both for India and in other International Countries are subject to change without prior notice. These prices only reflect the MRP and do not include shipping and taxes which may be extra as applicable.
INACCURACY DISCLAIMER
From time to time there may be information on our Website or in our catalogue that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
WARRANTIES & LIABILITY
All information, content, materials, products (including software) and other services included on or otherwise made available to you by samodish.com are provided on an AS IS and AS AVAILABLE basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of the services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through our Website, unless otherwise specified in writing. You expressly agree that your use of the Website is at your sole risk.
We do not warrant that this Website will be constantly available, or available at all or that any information on this Website is complete, true, accurate or non-misleading.
We will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all risks associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website, and that samodish.com shall not be liable for any damages of any kind related to your use of this Website.
Though we shall make every endeavour to protect our Website from any viruses or illegal use of our Website. However we do not warrant that this Website; information, content, materials, product (including software) or services included on or otherwise made available to You through the Website; its servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on the Website constitutes, or is meant to constitute, advice of any kind.
All the products sold on Website shall be solely governed by the Indian Laws. In the event we are unable to deliver such products due to implications of different territorial laws, we will return or will give credit for the amount (if any) received in advance by us from the sale of such product that could not be delivered to you. It is YOUR responsibility to ensure that the products purchased on this Website are not restricted in your territory. samodish.com shall not be responsible for any non-compliance with regard to the local laws of that territory for any product available on this Website.
samodish.com will not be liable for any damages of any kind arising from the use of any service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through the Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
INDEMNITY
You agree to defend and indemnify samodish.com (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) from and against all third party claims, suits, damages, claims and losses, including but not limited to reasonable attorneys’ fees, or arising out of or related to your breach of these Terms & Conditions, or your violation of any law or the rights of a third party or any damage to life and/or property caused by the products delivered.
BREACH
In the event you are found to be in breach of these Terms & Conditions or Privacy Policy or other rules and policies or if we are unable to verify or authenticate any information you provide or if it is believed that your actions may cause legal liability for you, other users or us, without limiting to the present, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website. Any User that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such user is reinstated by us.
Notwithstanding the foregoing, if you breach the Terms & Conditions or Privacy Policy or other rules and policies, we reserve the right to recover any amounts due and owing by you to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
Any breach of any applicable local laws of that territory shall also result in, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website.
SEVERABILITY
We reserve the right to make changes to our Website, policies, service terms, and these Terms & Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
WAIVER
The failure by samodish.com to enforce at any time or for any period any one or more of the terms or conditions of the Agreement shall not be a waiver by samodish.com of them or of the right any time subsequent to enforce all Terms & Conditions of this agreement.
FORCE MAJEURE
Failure on the part of samodish.com to perform any of its obligations and the non-furnishing of the service, shall not entitle you to raise any claim against samodish.com or be a breach hereunder to the extent that such failure arises from an event of Force Majeure. If through force Majeure the fulfilment by either party of any obligation set forth in this Agreement will be delayed, the period of such delay will not be counted on in computing periods prescribed by this Agreement. Force Majeure will include any war, civil commotion, strike, governmental action, lockout, accident, pandemic, epidemic or any other event of any nature or kind whatsoever beyond the control of samodish.com that directly or indirectly hinders or prevents samodish.com from commencing or proceeding with consummation of the transactions contemplated hereby. You expressly agree that lack of funds shall not in any event constitute or be considered an event of Force Majeure.
DISPUTE RESOLUTION
This agreement shall be construed and the legal relations between YOU and samodish.com hereto shall be determined and governed according to the laws of India. If any dispute arises between you and samodish.com regarding your use of the Website or Your dealing with samodish.com in relation to any activity on the Website, in connection with the validity, interpretation, implementation or breach of any provision of the Terms & Conditions and/or Privacy Policy including but not limited to the rules and policies contained herein, the dispute shall be subject to the exclusive jurisdiction to the Courts of Nagpur, Maharashtra.
GRIEVANCES
Any grievances you have by way of use of the Website can be addressed to us by way of email to contact@samodish.com . We shall thereafter consider the same and provide a response within 30 working working days of the date of such complaint/ grievance.
GOVERNING LAW
These Terms & Conditions or the documents of third party payment channels shall be governed and construed in accordance with the laws of India. This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
Corporate Address:
Above Chawla Bag Teen Nal Chowk, GandhiBagh, Nagpur 444002