Terms of Use

USERS TERMS OF USE

In these User Terms of Use, the words “you” and “your” refer to each customer or service user or site visitor or user. “Merchant” refers to each seller on our platform. “we”, us”, “our” or “company” refer to [JHA APPARELS AND ACCESSORIES PRIVATE LIMITED]. The terms of use govern your use of the website and services available under the domain www.shoppingwoping.in and Mobile platform (hereinafter referred to as the “Website”).


By using this website, you agree to be bound by the following: (1) User Terms of Use; (2) User Privacy Policy; (3) Refund & Return Policy and (4) Disclaimer including any future amendments herein. That the User Terms of Use, User Privacy Policy, Refund & Return policy and Disclaimer shall hereinafter may be referred to collectively as the “Policies”. You also agree that by using this website or use any of the services, made available on this website, you have read and understood the Policies mentioned herein, as together the said Policies forms a binding agreement (the “Agreement") between you and the company regarding your use of this website and the services provided herein.


1. AGE CONFIRMATION

You affirm and confirm that you are more than 18 (Eighteen) years of age, having sound mind, with free will and without any coercion or undue influence and fully able and competent to enter into the agreement, policies, terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use and Policies. If You are under the age of 18 (Eighteen) years it is deemed that you are using the website under parental/guardian sponsor or supervision, and in accordance with applicable law.


2. ACCEPTANCE

  • The following Terms of Use govern your use of the website, services, materials and documents being made available to you (collectively the “Services”). By creating an account on the website or by using the Services, you signify electronically your agreement to all Policies, terms, conditions, and notices contained or referenced herein and to comply in accordance with the present Terms of Use.
  • If you do not agree to be bound by these User Terms of Use and other policies, you may not use the website in any way.
  • If this User Terms of Use conflicts with any other document, the User Terms of Use will prevail for the purposes of usage of the website.
  • If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website. You agree and acknowledge that you will use your account on the website to purchase products only for your personal use and not for business purposes. The company reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.
  • The Company offers the consulting & online marketplace service to you through the websites. The actual contract for sale is directly between the Merchant and you. We provide the services of listing catalogues, pricing, shipping, branding etc. which is informational and it is up to you to follow it or not. We shall not mediate or resolve any dispute or disagreement between you and the Merchant. We has no control over: (a) the existence, quality, safety or legality of items displayed; (b) the accuracy of third party content or listings including that of registered Merchants; (c) the ability of Merchant’s or sellers to sell items; (d) the ability of buyers to pay for items. We do not, at any point of time during any transaction between buyer and Merchant, take the ownership of any of the goods offered by the Merchant. Nor does we, at any point, assert any rights or claims over the goods or services offered by the Merchant to the buyer.
  • The Company, through the website also makes available a variety of branded products/ services offered by its Merchant partners. Purchase of such products will be subject to the terms of offer for sale, and such other additional terms, if any, as specified by the Merchant. The Company is a facilitator and does not take any legal responsibility for the authenticity or quality of such branded products/services and customers are encouraged to exercise prudence and diligence (including by viewing any available customer reviews of the products or services or the Merchant) before purchasing such products or availing such services.
  • The Company may offer delivery services through its logistics/courier partners for some of the products on the website, which may be changed by the Company without any notice to you.
  • The Company is not a warrantor of the products/ services being offered on the website by various Merchants. You acknowledge that the Company gives no warrantee/guarantee, either express or implied, regarding the product bought by you or for the use or availability of online marketplace service. Customers are encouraged to exercise prudence and diligence (including by viewing any available customer reviews of the products or services or the Merchant) before purchasing such products or availing such services.
  • The price of products offered on the website is MRP, retail price, sale price, discounted price as offered by our Merchant partner. The Company does not either directly or indirectly influence the price of the products offered by the Merchant partner. the Company is not liable for any manufacturing defect, faulty product received, warranty claims, after sales service for any of the products purchased on the website. The Company is not linked with any warranty, guarantee, post-sale claims, genuineness of products or brand, as it is just a platform that facilitates sales for its Merchant partners. the Company will make best efforts to assist customers in issue resolution including refund or arranging replacement but it will not bear the risk from legal claims for any misrepresentation or selling of wrong product.
  • The website makes available general third party information such as, product catalogues, lists of authorized dealers and reports on news, entertainment, technology and features, advertisements, images and photographs of the products and other data from external sources hereinafter “Third Party Content”). Similar Third Party Content would also be available to you on the email received by you from the Company. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable. the Company does not provide any guarantee with respect to any of the Third Party Content and the Company shall not be held liable for any loss suffered by you based on your reliance on or use of such Third Party Content.
  • The company reserves the right to cancel any orders and promo code used for placing the order will not be refunded as per this cancellation policy. An order can be cancelled if it meets any of the following mentioned criteria, which includes but is not limited to (i) Products ordered are not for self-consumption but for commercial resale; (ii) Multiple orders placed for same product at the same address; (iii) Bulk quantity of the same product ordered; (iii) Invalid address given in order details; or (iv) Any malpractice used to place the order.


3. Delivery of the Product:

  • Your purchased product shall be delivered on the address as provided by  you. In the event your order is not serviceable by our logistics partners or the Merchant or the area is not covered, we would request you to provide us with an alternate shipping address which we expect to have on our partner/Merchant’s delivery list. In case there is any dispute regarding the shipment of the product or services for the area not covered by the company, in such cases the company will not be responsible for the non-delivery of the product.
  • In case you book multiple orders for the products and services in one transaction, the company would endeavour to ship all products together. However, this may not always be possible due to some product characteristics or logistical issues. If you purchase multiple products in a single transaction, then all the products would be dispatched to a single shipping address given by you. If you wish to ship products to different addresses, then you should book the orders separately based on the delivery addresses. Products shall be delivered by the Courier Partner at the address given by the customer while making the purchase and the company shall not be held responsible in case the address shared was incorrect.


4. Cancellation by the company

There may be certain orders that the company’s Merchant partners are unable to accept and service and these may need to be cancelled. Some situations that may result in your order being cancelled include, non-availability of the product or quantities ordered by you, non- availability of the delivery service in the address to which product is required to be shipped, inaccuracies or errors in pricing information specified by our Merchant partners, problems identified by the company’s credit and fraud avoidance department or due to any major technical snag. The company may also require additional verifications or information before accepting any order. The company 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 or bank account has been charged, the said amount will be reversed back in your credit card / bank account. A promo code, once used, shall not be refunded in case of cancellation of order either by you or the company.

5. Cancellation by the customer

In case of requests for order cancellations, the company reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if the company receives a cancellation notice and the order has not been processed/ approved by the company, the company shall cancel the order and refund the entire amount to you. The company will not be able to cancel orders that have already been partially or fully processed. The company has the full right to decide whether an order has been processed or not or whether an order has been partially or fully processed. You agree not to dispute the decision made by the company and accept the company’s decision regarding the cancellation. In cases where it is not possible to cancel orders since they have already been shipped, refund shall be made subject to the return process post return request is raised and you would get replacement or refund once the original item is back with the Merchant partner in good sale-able condition.

6. AMENDMENT

You agree that the company reserves the right, and has the sole discretion to amend any clauses by way of amendment, addition, variation or repeal or revise these Terms of Use and other policy at any time. Your continued use of the website or the Services following the posting of any changes to the Terms of Use of any other policy constitutes your acceptance of those changes.

7. USE OF WEBSITE AND MOBILE APPLICATION

  • You agree to use the website and the Services as provided on it, only in a manner which is permitted by the policies and the law. You further agree to never misuse the same. In case the Company finds any non-compliance by you of the Policies, the Company may suspend your account on the website or stop providing you the Services.
  • It is agreed by you that by using our website or Services, it does not give you ownership of any Intellectual Property Rights in them or the content that you access. Further, by using the Services you are not granted the right to use any branding or logos used in them and you are prohibited from removing, or altering any information displayed in or along with our Products and Services.

8. USER CONTENT

  • Some areas of the website and the Services, allow you to make available certain information such as your name, email address, phone number, address or other information or in the process of using any of the Services shall constitute "User Content". The Company claims no ownership rights over any User Content provided by you; however, by sharing such information, you agree to allow us or others to view and/or share your User Content in accordance with your settings in the use of Services. Further, the Company shall not retain any of the User Content for longer than is required for the purposes for which the User Content may lawfully be used.
  • Further, you agree not to post or transmit any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that you know is not correct and current; (ix) violates any policy or other applicable policy, including those related to cheating or ethics; (x) interferes with other users of the website or Services including, without limitation, disrupting the normal flow of dialogue in an interactive area of the website and Services and deleting or revising any content posted by another person or entity. You agree that any information that you post does not and will not violate third party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. The Company reserves the right, but is not obligated, to reject and/or remove any such information that it believes, in its sole discretion, violates these provisions.


9. INTELLECTUAL PROPERTY RIGHTS

  • The trademarks, logos and service marks ("Marks") displayed on the website are our property and/or the property of the company. Users are prohibited from using any Marks for any purpose whatsoever without our prior written permission from the company. All information and content including on or through the site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through the site for commercial or public purposes.
  • The Site 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 the company protected by copyright as a collective work under the applicable copyright laws. The company owns 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 the Company 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 site or a website otherwise owned or operated in conjunction with the company shall not be deemed to be in the public domain but rather the exclusive property of the Company, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of the Company, unless otherwise stated.


10. PRIVACY

Users of the website and Services should refer to the Company's Privacy Policy for information about how the Company uses, collects and discloses information to third parties. Our Privacy Policy, which is hereby incorporated into this Agreement, explains how the Company treats your personal information, and protects your privacy, when you access the Application.


11. THIRD-PARTY LINKS

The Products and Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by the Company. The Company does not endorse or assume any responsibility for any such third-party Websites, information, materials, products, or services. If you access a third party website from the Products and Services, you do so at your own risk, and you understand that this Agreement and the Company's Privacy Policy do not apply to your use of such Websites. You expressly relieve the Company from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Products and Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that the Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.


12. INDEMNITY

  • You agree to defend, indemnify and hold harmless the Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the website and Products and Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code.
  • Further, you agree that, if you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify the Company and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Products and Services or violation of any of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.


13. COMPANY'S LIABILITY FOR ITS SERVICES

  • It is agreed by you that, when permitted by law, the Company will not in any way be responsible for any loss of profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. In all cases, the Company will not be liable for any loss or damage that is not reasonably foreseeable.
  • Provided the liability of the Company shall not extend the amount as paid by the respective user for the services.


14. INTERPRETATION

The Company shall have the exclusive right to interpret the Terms of Use and other policies including any future amendment.


15. Dispute Resolution

If any dispute, controversy or claim arises under this Agreement, including any question regarding the existence, validity or termination of this Agreement (hereinafter “Dispute”), the parties shall use all reasonable endeavours to resolve such Dispute amicably through mediation and consultation. If the parties are unable to resolve the Dispute amicably within 30 (Thirty) days of the notice of such Dispute, the Parties shall resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter mentioned to as to as "Act"). The Dispute shall be resolved by a sole arbitrator, mutually appointed in accordance with the Act. 

The seat of the arbitration shall be New Delhi and the language of this arbitration shall be English. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi. Any arbitration shall be confidential, and the Parties shall not disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitral award. All administrative fees and expenses of arbitration will be divided equally between the Parties. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.


16. GOVERNING LAW AND JURISDICTION

Any dispute or claim arising out of or in connection with the Policies shall be governed by and construed in accordance with the law of The Republic of India and the courts of Delhi, India shall have the exclusive jurisdiction to entertain any disputes.


17. LEGAL

The Company reserves the right in its sole discretion to investigate and take legal action against anyone who engages in any illegal or prohibited conduct or otherwise violates these Terms of Use, including without limitation, removing the User Content from the web-site and/or terminating the offending User's ability to access the web-site and/or use the services.


18. NO OBJECTION

User hereby express that it has no objection upon any call/SMS/ Communication by the Company, any third party on its behalf or any other party authorized by the Company, communicating to User with regard to the Services. Notwithstanding User's registration with National Do Not Call Registry (In Fully or Partly blocked category under National Customer Preference Register set up under Telecom Regulatory Authority of India), User hereby expresses his interest and accord its willful consent to receive communication (including commercial communication) in relation to the Company’s Services. User further confirms that any communication, as mentioned hereinabove, shall not be construed as Unsolicited Commercial Communication under the TRAI and other alike authorities in other country’s guidelines and User has specifically opted to receive communication in this regard on the telephone number provided by the User