- Welcome to Encrustd Webstore ("Webstore"). This page (read in conjunction with the documents referred to on it) details the terms and conditions ("Terms") on which we supply the products and/or services ("Products") listed on the Webstore. Please read these Terms carefully before using the Webstore.
You understand that by using the Webstore, you are deemed to have accepted these Terms, regardless of how you subscribe to or use the services of the Webstore. These Terms of Service and various other policies are binding under relevant provisions of the Information Technology Act of 2000.
- In these Terms, references to "you", "User", "Your" shall mean the end user/shopper/customer accessing the Webstore, its contents and using the Services offered through the Webstore. "We", "Us", "Our" and "Encrustd" shall mean Pret Interpret Clothing Pvt Ltd and its affiliates.
- User Account, Password, and Security:
You will receive a password and account designation upon completing the Webstore's registration process. You are responsible for maintaining the confidentiality of the password and account. You agree to (a) immediately notify Encrustd of any unauthorized use / breach of your password or account and (b) ensure that you exit from your account at the end of each session. Encrustd cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
- Services Offered:
Encrustd provides a number of Internet-based services through the Webstore (all such services, collectively, the "Service"). One such Service enables Users to purchase original merchandise such as clothing, footwear and accessories under the Encrustd brand, and potentially from various other fashion and lifestyle brands (collectively, "Products"). The Products can be purchased through the Webstore through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. (which are found on the FAQ tab in the Webstore and all of which are incorporated here by reference). In addition, these Terms may be further supplemented by Product specific conditions, which may be displayed with that Product.
Correspondence Information.Following are the various Correspondence Information which You provide when You access/ register for Our Service includes:
- Children under the age of 18: The services under the Webstore is not directed towards children under 18, they are not allowed to register with or use the service, or provide personal data. If we discover that we have collected personal information from a child under 18, we will delete that information immediately.
- Personal Information: name, gender, age, images, contact/ postal address, telephone, email id, nationality and content.
- Financial Information: credit/ debit card details including card number and expiry date in encrypted form, details for net banking services and Wallet services. Please be advised that Encrustd may use third party providers that comply with the Payment Cards Industry Data Security Standard (PCI DSS).
- Payment and Account Information: Your account history with us including (without limitation) all billing information and communications, payment history etc. We maintain this in encrypted form on secure servers. However, your transactions details may be preserved by Encrustd for purposes of tax or regulatory compliance.
- Transactional Information: Order ID, transactional history (other than banking details) about your e-commerce activities on our Webstore.
- User IDs: Your usernames, passwords, email addresses and other security-related information used by you in relation to our Services.
- Stored Information: Data either created by you or by a third party and which you wish to store on our servers such as image files, documents etc.
- Shared Information: What types of information are not allowed on Encrustd Webstore?
- Nudity or other sexually suggestive content
- Hate speech, credible threats or direct attacks on an individual or group
- Content that contains self-harm or excessive violence
- Fake or impostor profiles
- Technical and functional management of the Webstore. When you use our Webstore, we also process technical data such as your IP-address, Device ID or MAC-address, and information about the manufacturer, model, and operating system of your mobile device. We use this data to enable us to deliver the functionalities of the Webstore, resolve technical difficulties, and provide you with the correct (prevent the transmission of spam, viruses and/or unlawful, defamatory, obscene or otherwise undesirable material or content) and most up to date version of the Webstore.
- Operational Use. We may use your information for suggesting products and promotional offers and schemes. You may update your profiling information at any time on the Webstore. You acknowledge and agree such update is for Your interests and for improving personalization and service efficiency of the Webstore.
- Note: You acknowledge that, we will only disclose your information in an aggregated form which is not capable of being used or interpreted in such a manner as to identify you.
- Applicable law and procedure. We collect and store your Correspondence Information to: (a) comply with our obligations under law; and (b) monitor your use of our Services in order to ensure your compliance with our Terms of Service.
- Note: However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet. Any transmission of information by you to our Webstore is at your own risk. We recommend that you do not disclose your password to anyone.
- Third Party. At times We may tie-up with third parties, brand owners or other partners and make available certain offers, events or special schemes. In such instances, Your personal information may be shared with such third parties and/or may become available to them or be disclosed to them, such third parties may have their own applicable privacy rules and We shall not be liable for the use or misuse of Your information by such third parties.
- We only collect your Personal Information to conduct our business and to enable us to deliver and improve our services. We do not for any reason whatsoever sell your Correspondence Information to any third party or otherwise trade on it.
- User Conduct and Rules:
You agree and undertake to use the Webstore and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
- a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- b) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- c) upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; you own or control the rights thereto or have received all necessary consents;
- d) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Webstore;
- e) conduct or forward surveys, contests, pyramid schemes or chain letters;
- f) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;+ g) violate any applicable laws or regulations for the time being in force in or outside India; and
- h) violate, abuse, unethically manipulate or exploit, any of the Terms for the use of Webstore.
- Exactness Not Guaranteed:
Webstore hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the final Product as ordered by the User. Encrustd Return & Exchange Policy offers You the option to return or exchange items purchased on Webstore within thirty (30) days of the receipt. In case of return of the purchased item, please refer to the "Return Policy" on our Webstore.
The Webstore is a mobile platform that enables You to purchase Products listed on the Webstore at the price indicated therein at any time. However, Our Webstore does not guarantee that the price will be the lowest in the city, region or geography. In the event that a Product is listed at an incorrect price or with incomplete information due to an error in pricing or product information, We may, in Our own discretion cancel Your order and notify You of such cancellation. The pricing is subject to Encrustd’s pricing policy and the prices shall be determined by us. If We have to cancel an order after we have received the payment, the said amount will be refunded.
- Special Offers/ Discount or Sale Campaigns:
In addition to these Terms of Service, there are additional terms and conditions applicable on You under the specific offers, discount and sales schemes/ campaigns which are offered by Encrustd from time to time, for example - during any heavy sales day the Products may have a longer delivery dates.
- Intellectual Property Rights:
It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service.
- Disclaimer /Limitation Of Liability:
Encrustd has endeavored to ensure that all the information on the Webstore is correct, but Encrustd neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, Product or Service. In no event shall Encrustd be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services or Products; (b) unauthorized access to or alteration of the user's transmissions or data; (c) breach of condition, representations or warranties by the manufacturer of the Products (c) any other matter relating to the services; 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 Webstore or Service. Encrustd shall not be held responsible for non-availability of the Webstore during periodic maintenance operations or any unplanned suspension of access to the Webstore. The User understands and agrees that any material and/or data downloaded at Webstore is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, Encrustd’s liability shall be limited to an amount equal to the Products purchased value bought by You. Encrustd shall not be liable for any dispute or disagreement between Users.
You agree to indemnify, defend and hold harmless Encrustd from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Encrustd that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
- Encrustd may suspend or terminate your use of the Webstore or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until Encrustd chooses to terminate them.
- If You or Encrustd terminates your use of the Webstore or any Service, Encrustd may delete any content or other materials relating to your use of the Service and Encrustd will have no liability to you or any third party for doing so. However, your transactions details may be preserved by Encrustd for purposes of tax or regulatory compliance.
- You shall be liable to pay for any Service or Product that you have already ordered till the time of Termination by either party whatsoever.
- Either party shall have the right to cease/terminate the relationship by giving you a prior twenty four (24) hours written notice. If Encrustd unilaterally terminates Your account without any reason then any applicable cash back or wallet amount (if any) shall be refunded to You.
- Governing Law:
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Bangalore.