Term of use

Terms of Use

  1. You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads Fashion Pearl by sharing multiple address and phone numbers or transacting with malafide intentions.
  2.  You will not imitate, abuse, harass, any Customer/User or violate and exploit, any of these ‘Terms of Service’ of the Platform.
  3. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
  4. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service.
  5. Fashion Pearl hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the final Product as ordered by the User. Fashion Pearl Return & Exchange Policy offers you the option to return or exchange items purchased on Fashion Pearl within the return/exchange period .

User Privacy

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected as defined under the Information Technology Act, 2000 and Rules there under. 
We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy respond to claims that an advertisement, posting or other content violates the rights of a third party or protect the rights, property or personal safety of our users or the general public.We may share personal information with our other corporate entities and affiliates. By visiting Our Fashion Pearl, you are accepting and consenting to the practices described in this Privacy Policies.

Rules for Minors:

Children under the age of 18: Use of the Website/Mobilesite is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website/Mobilesite. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website/Mobilesite and shall not transact on or use the Website/Mobilesite. As a minor if you wish to use or transact on Fashion Pearl, such use or transaction may be made by your legal guardian or parents on the Website/Mobilesite.

Information We Collect:

Personal Information: name, gender, age, images, contact/ postal address, telephone, email id, nationality and content.We donot collect any kind of financial information of our customers.
Transactional Information: Order ID, transactional history (other than banking details) about your e-commerce activities on our Fashion Pearl.
User IDs: Your usernames, passwords, email addresses, contacts, account including third-party accounts 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.
Technical and functional management of the Website/Mobilesite. When you use our Website/Mobilesite, we also process technical data such as your IP-address, Device ID, Device Contacts, Device Accounts including third-party accounts or MAC-address, and information about the manufacturer, model, and operating system of your mobile device. 
We may use your information for suggesting products and promotional offers and schemes. You may update your profiling information at any time on the Website/Mobilesite. You acknowledge and agree such update is for Your interests and for improving personalization and service efficiency of the Website/Mobilesite.
We may use your Mobile Phone number and/or E-Mail to initiate  Fashion Pearl related promotional phone call,SMS or Whatsapp Messages.You may E-Mail us on the Website/Mobilesite Website/Mobilesite if you wish to stop receiving such messages.

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 Website/Mobilesite is at your own risk. We recommend that you do not disclose your password to anyone.

Disclaimer of Warranties and Liability:

All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Website/Mobilesite are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Fashion Pearl does not warrant that: Website/Mobilesite will be constantly available, or available at all or The information on Website/Mobilesite is complete, true, accurate or non-misleading.

All the Products sold on Website/Mobilesite are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You. You will be required to enter a valid phone number while placing an order on the Website/Mobilesite. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS and/or Whatsapp notifications, in case of any order or shipment or delivery related updates. We may use your Mobile Phone number and/or E-Mail to initiate  Fashion Pearl related promotional phone call,SMS or Whatsapp Messages.You may E-Mail us on the Website/Mobilesite Website/Mobilesite if you wish to stop receiving such messages.

 E-Website/Mobilesite for Communication:

You agree, understand and acknowledge that Fashion Pearl is an online Website/Mobilesite that enables you to purchase products listed on the Website/Mobilesite at the price indicated therein at any time. You further agree and acknowledge that Fashion Pearl is only a facilitator and is not and cannot be a party to or control in any manner any transactions on Fashion Pearl.

Indemnity:

You shall indemnify and hold harmless Fahsion Pearl, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, 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 Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Limitation of Liability:

In no event shall Fashion Pearl be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

  • the use or the inability to use the Services or Products.
  • unauthorized access to or alteration of the user's transmissions or data.
  • breach of condition, representations or warranties by the manufacturer of the Products.
  • 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 Website/Mobilesite or Service. Fashion Pearl shall not be held responsible for non-availability of the Fashion Pearl during periodic maintenance operations or any unplanned suspension of access to the Fashion Pearl. The User understands and agrees that any material and/or data downloaded at Fashion Pearl 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, Fashion Pearl’s liability shall be limited to an amount equal to the Products purchased value bought by You. Fashion Pearl shall not be liable for any dispute or disagreement between Users.

Jurisdictional Issues/Sale in India Only:

Unless otherwise specified, the material on the Website/Mobilesite is presented solely for the purpose of sale in India. Fashion Pearl make no representation that materials in the Website/Mobilesite are appropriate or available for use in other locations/Countries other than India. Those who choose to access Website/Mobilesite from other locations/Countries other than India do so on their own initiative and Fashion Pearl is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

Diclaimer:


You acknowledge and undertake that you are accessing the services on the Website/Mobilesite and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through Fashion Pearl. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the sellers or manufacturers of the products. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Website/Mobilesite. While we have taken precautions to avoid inaccuracies in content, this Website/Mobilesite, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. At no time shall any right, title or interest in the products sold through or displayed on Website/Mobilesite vest with Fashion Pearl nor shall Fashion Pearl have any obligations or liabilities in respect of any transactions on Website/Mobilesite.The images of the products shown are for visual representation only and may vary from the actual product. You hereby agree to indemnify and keep Fashion Pearl harmless against all damages, liabilities, costs, expenses, claims, suits and proceedings (including reasonable attorney’s fee) that may be suffered by Fashion Pearl as a consequence of (i) violation of terms of this Policy by You (ii) violation of applicable laws (iii) any action or inaction resulting in willful misconduct or negligence on Your part.

Fashion Pearl does not hereby warrant that the Fashion Pearl contact us facility will run concurrently and error free and Fashion Pearl shall not be directly liable for issues related to technical and/or human error whatsoever. However, Fashion Pearl shall work towards the best interest of the customer.

Price Related

The product price displayed on the Fashion Pearl Website/Mobilesite is inclusive of GST and no further tax price addition will be done for any single product that has been ordered by the customer.
GST,a single tax on the supply of goods and services is levied on every value addition (through production and services) and is added to a product's sale price. GST has to borne/paid by the ultimate consumer of the product or service. If your order is fulfilled on or after July 1st 2017, GST will be applicable on your orders. GST subsumes all other taxes like Excise duty, VAT, Entry tax etc.



Delivery Related 

 User agrees and acknowledges that any claims regarding order delivery (including non-receipt/ non- delivery of order or signature verification) shall be notified to Fashion Pearl within 5 days from the alleged date of delivery of product reflecting on the Fashion Pearl portal. Non notification by You of non-receipt or non-delivery within the time period specified shall be construed as a deemed delivery in respect of that transaction. Fashion Pearl disclaims any liability or responsibility for claims regarding non-delivery, non-receipt of order (including signature verification in Proof of delivery) after 5 days from the alleged date of delivery of product reflecting on the Fashion Pearl portal.


Return Related:

Once you create a return via Website/Mobilesite as per the returns policy, Fashion Pearl will ensure a quick, easy and seamless returns experience for you. Our delivery agents may perform a simple quality check at your doorstep and upon acceptance of the return, your refund will be initiated immediately. For returning multiple products you are required to fill in a seperate return form for each product.
Your return may get declined if the item you wish to return is used, damaged or original tags are missing