Terms and Conditions of
Desi Feriwala
Desi Feriwala makes available information and materials on its website www.desiferiwala.com subject to the below-mentioned terms and conditions (Terms of Use). Your usage of www.desiferiwala.com confirms your agreement to follow and be bound by these Terms of Use; if you do not agree to the Terms of Use you may not use the site. Desi Feriwala reserves the right to change these Terms of Use from time to time without prior notice.
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In view of these Terms and Conditions, the user of the Website is referred to as "you" or "your" and the provider of the website is referred to as “Desi Feriwala”, "www.desiferiwala.com", "we", "us" or "our".
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You are requested to read the terms carefully before getting hold of and using the domain name www.desiferiwala.com (hereinafter referred to as the “website” or “site”), which has their registered office at 42F, Babubagan Lane, Dhakuria, Kolkata-700031, India.
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These terms and conditions (hereinafter referred to as “terms”) along with the privacy policy, shipping policy, payment policy, and all other applicable laws and regulations monitor your access and usage of the website and allied services, notwithstanding your being a “visitor” (meaning you simply can browse the services without being a registered member of the site), or you are a “member” (meaning you are registered to the site as a member). Additionally, in the current or in the future time, your service of Desi Feriwala by paying a visit to the site or making a purchase from any business having an affiliation with Desi Feriwala will make you subjected to the guidelines and conditions applicable to such service or business. In lieu of these conditions coming in conflict with the given guidelines and conditions, such guidelines and conditions will be made applicable.
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If you disagree with these terms and conditions or do not have the authority to bind your organization to these terms and conditions, then kindly do not avail of using the services or materials of this website.
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Desi Feriwala provides a number of internet-based services through the Website (all such services are collectively referred to as the “Service”). Our such service enables you to purchase merchandise such as clothing, stationery, and other collaterals. You agree, understand, and acknowledge that the Website is an online platform enabling you to purchase the products listed on the Website. All these will be at the price indicated therein at any time from any location.
Minimum age requirement for Site Use
The site is intended for use by persons who are a minimum of 18 years old or are of the legal age required to form a binding contract in your jurisdiction of that age to be greater than 18. By using the sites, you represent and guarantee that you are at least 18 years old and of legal age to be a part of a binding contract. As a minor, if you wish to make or perform transactions on the website, such transactions may be made only with the permission and supervision of your legal guardian or parents.
Desi Feriwala reserves the right to terminate your membership and/or refuse to provide you with access to the website at its sole discretion without assigning any specific reason.
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Website contents
Any part of this website or this website as a whole (inclusive of but not limited to any copyrighted items, trademarks, or any other proprietary information) may be not reproduced, replicated, duplicated, commercially sold, or by any other means capitalized on without obtaining the prior written consent of Desi Feriwala. Desi Feriwala claims that any texts, graphics, creative designs, the user or visual interfaces, logos, artworks posted on the website are their exclusive property and you are not permitted to copy, replicate, sell or share their content commercially without obtaining permission from Desi Feriwala in advance.
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Customer Service Policy
Desi Feriwala is committed to providing reliable customer service and quality products that leave a lasting impression on your mind. We endeavor to ensure that all products listed on our website are currently in stock and pricing is as per market standards. Standard delivery time frames are between 7-14 business days; in the event that an ordered item is unavailable, or we are unable to fulfill your order for any reason whatsoever, we will notify you quickly for instructions to arrange an agreeable alternative item, a backorder or a full refund, as the case may be.
Regarding customer support, you may get in touch with Desi Feriwala by sending an email to desiferiwala@gmail.com. Your acknowledgment of customer support is Desi Feriwala’s sole discretion, and for that reason, we are not obliged to provide you with customer support of any kind. Only at our sole discretion, can we provide you with requisite customer support service from time to time, only if you have an account and with the help of which you can submit your customer support inquiries.
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Notices and Contact Information
Except as otherwise provided by these terms, Desi Feriwala will provide you notice by posting them on the sites, and it is mutually agreed that such posting will be brought to effective notice. You can send notices (including without limitation notice of subpoenas or other legal processes, if there are any) via electronic mail as well if Desi Feriwala so decides, in its sole discretion, to do so. By agreeing with these terms and conditions, you accept that you are going to retain your current address and that notice provided by Desi Feriwala will be delivered to the address that you have most recently provided with effect. The address for Legal Notices of Desi Feriwala is:
42F, Babubagan Lane, Kolkata 700031
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The email address for grievance redressal is:- desiferiwala@gmail.com
Desi Feriwala staunchly upholds the belief in intellectual property in others. If you ever feel that your work has been copied in such a way that creates copyright infringement, please don't hesitate to address your grievance to Desi Feriwala.
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Care Instructions
If your purchased product is damaged or affected in any way on account of improper handling, reckless use, disregard of care instructions provided, we shoulder no liability for the damage caused or any distortion in product quality.
We hope that your purchase is based upon your choice of the product and your trust in Desi Feriwala to deliver items in the best possible condition, hence we follow a strict no-return policy on all products.
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Measurements/Dimensions of products
Measurements/dimensions of the products are approximate only to allow you to understand the approximate size of the product. Therefore, the actual product dimension delivered to you may sometimes slightly vary.
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Pricing Related Specifications
We are humans too, hence we do not guarantee that product specification or any other content on the site is accurate or full-proof. You expressly agree and acknowledge the fact that Desi Feriwala has the sole right to refuse or cancel any of your orders at any time after making your orders. If we accidentally charge your credit card before cancellation, we will credit the charged amount to your account. In case of any errors relating to the product specifications. Desi Feriwala shall replace the default product in accordance with the Return Policy of Desi Feriwala. Notwithstanding the aforementioned, Desi Feriwala reserves the right to refuse or cancel any replacement and/or refund requests.
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While using any of the payments methods available on the Website, Desi Feriwala shall not be held responsible for any loss or damage incurred directly or indirectly by you due to:
1) Lack of authorization in case of any transaction
2) Any payment issues arising out of the transaction
3) On the decline of the transaction by the bank for any other reason whatsoever
In case of any transaction failure, we shall be credited the said amounts to the bank account after receiving appropriate requests from your end.
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All our product prices are listed in rupees Displayed prices are inclusive of all applicable taxes. We reserve the exclusive rights to revise the product price at any point in time. Please note that all the items in your shopping cart reflect the exact product price currently. The current price might differ from the earlier price since the time you first placed it in your cart.
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You understand, accept, and agree that the payment getaway provided by Desi Feriwala is not a banking nor a financial service but is merely helping in electronic and automated online payment. Our exclusive rights include the imposition of certain restrictions on the number of transactions by the user. For every product, we are responsible for mentioning the availability with an estimated delivery time span. All the same, we reserve the right to cancel, refute or process any of your orders at our sole discretion without assigning you any particular reason. In case of any such refusal, however, we shall immediately try to refund any amount which we receive from your end or replace the product with any other available product on your request.
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Represented content and warranty on the site
You are liable for any content that you post using your account and any transaction that is linked with your Account. Your posting of any content on the site, which includes unlimited text, audio, video, images/graphics, music, sound clips, personal information, and your content warrants and represents your sole ownership of your content rights. This also enables you to grant Desi Feriwala the rights of your content herein and help exercise the rights with respect to such Content that you grant herein.
You are the sole exclusive individual who is displayed, depicted, and/or heard in your Content, or, alternatively, you have obtained permission like publicity rights from every person like a parent or guardian if you are under 18 years to be granted the rights to Desi Feriwala described herein. You have to keep in mind that your content is not defamatory by nature, does not infringe the intellectual property rights, rights to publicity or privacy, or any other legal or moral rights of any third party.
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Prohibited Conduct
You agree to not post on the site any content which appears to be: (a) false, misleading, harmful, abusive, harassing, defamatory, obscene, ethically or racially hateful, or otherwise objectionable or capable of infringing anyone's privacy or protected data (b) invasive of a third party’s intellectual property rights like patents and trademarks, trade secrets, copyright, publicity rights or other proprietary rights, without limiting any content subjected to any kind of third-party infringement claims (c) content restrained by certain legal bindings or contractual relationships like inside information (d) confidential or unauthorized advertising; (e) malicious computer codes or virus, computer files or programs which interrupt, stall or destroy the proper functioning of computer software or hardware (f) illegal data or information used for posting and accessed without authorization (g) a violation of any applicable local, state, national or international statutes, rules and regulations.
Your agreement to attempt or not makes it subjected to applicable laws like (a) amending site generated information (b) tampering with postings, registration information, profiles, submissions or Content of other users; (c) using robot, spider, scraper or other automated means or interface to illegally access the sites for extracting data information like email addresses, available from the sites or transmitting any unsolicited advertising like junk mail, or spam (d) deliberate framing of any part or link to the sites, to make it look like you are related to us or that we have endorsed you or your content for any purpose except as permitted by Desi Feriwala (e) impersonating or falsifying your affiliation with any person or entity; (f) Avoiding the access to any area, content or code of the sites (if not permitted by law) (g) taking any action which might build significant burden (as determined by us) on the site’s infrastructure or performance, might impact the sites with harmful, illegal, with malicious coding like virus spyware which might be negatively impact the site in the long run. .
You shall not strive to gain unauthorized access to any part of the website, or any other systems or networks connected to the website, or to any of the services offered by the website, by illegal means which includes hacking, password mining, or other illegitimate means. You shall not be probing or scanning into the vulnerability of the website or any network connected to the Website, nor shall you be tampering with the security measures of the website. You may not reverse look-up or scout for any information on any other user, customer, or visitor to the website, or exploit the Website's service or information made available by any means to reveal any information, personal or not.
Copyright & Intellectual Property
The trademark “Desi Feriwala” is a proprietary trademark used under a permitted license by Desi Feriwala.
Any and all content on the site is subjected to intellectual property rights, owned by us or our licensors. The website www.desiferiwala.com and all content including text, illustrations, and images are exclusively created and owned by Desi Feriwala. No content may be copied, distributed, republished, or shared in any way without our consent except as is provided expressly in the Terms. Modification or use of materials for any other purpose may lead to violation of intellectual property rights.
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Any copying, dissemination, reproduction, publication, display, or use of the above-said Intellectual Property (IP) Rights, in part or in full, without the permission of Desi Feriwala, is prohibited and will be considered as a violation of the Intellectual Property rights of Desi Feriwala if you claim your work on our site is copyright infringement, please mail your grievance to desiferiwala@gmail.com. With a physical or electronic signature as the claimant of copyright, you need to submit a description of the copyrighted work that you claim to have been infringed upon.
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Your description must contain the following details:
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Description of the location of the allegedly copyrighted material on the site
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Your address, phone number, and e-mail address
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Your statement of having good-faith and belief that the disputed use is not authorized by the copyright owner, or by legal means
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Your statement of the above information having accuracy and that you are either the copyright owner or authorized to act on the owner’s behalf.
Jurisdiction
All disputes are subject to courts of Kolkata Jurisdiction only, located in the State of West Bengal, India.
Legal Information
This website is expressly operated by Desi Feriwala. Unless otherwise noted, all design and content featured on www.desiferiwala.com - including navigational buttons and images, artwork, graphics, photography, text, and such things are copyrights, trademarks, and/or intellectual property that are owned, controlled, or licensed by Desi Feriwala. The contents of our website and the website as a whole are solely intended for your personal and non-commercial use.
The trademark Desi Feriwala and all other trademarks, logos, and styles used in the site is owned or licensed by Desi Feriwala. In the event of the names of third parties and their products mentioned may reveal their trademarks, you are not permitted to use any of the above or other trademarks as displayed on the site. All rights are reserved.
Your Account Membership
Membership on the website is free for every user. Desi Feriwala does not charge any fees for browsing or accessing the Website. However, Desi Feriwala reserves the right to change its fees policy at any time and also introduce any prime services that Desi Feriwala solely determines along with any fees. Making any changes to the fee policy shall be posted on the Website and is to become effective immediately after such changes are posted on the Website.
Limitation of Liability
In lieu of the unpredictability of technology and the online environment, Desi Feriwala does not warrant that the function or operation of this website will be uninterrupted or non-erroneous, that defects will be corrected, or that this site or the server that makes it available will be free of viruses or other harmful elements.
To the maximum extent permitted by law, you agree that neither Desi Feriwala nor its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, nor each of their respective successors and assigns, will be liable to you and/or any other person for direct, indirect, incidental, punitive, exemplary, special or consequential damages, lost profits, lost revenue, loss of data, loss of privacy, loss of goodwill or any other losses, even if advised of the possibility of such damages and even in the event of a fault, tort (including negligence) or strict or product liability. Without limiting the foregoing, in no event will the aggregate liability to you of Desi Feriwala and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers and each of their respective successors and assigns exceed, in total, the amounts paid by you to us.
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You agree to indemnify, defend, and hold harmless Desi Feriwala, its officers, directors, employees, agents, licensors, and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Furthermore, you fully understand and agree that Desi Feriwala will have the right but not the obligation to resolve disputes between users relating to the Sites, and Desi Feriwala's resolution of a particular dispute is not to create an obligation for resolving any other dispute Desi Feriwala's resolution of a dispute will be final with respect to the site.
As a visitor and user of Desi Feriwala, you must assume full responsibility for any costs associated with the servicing of equipment used in connection with the use of our website. As a visitor and a user of this website, you, in effect, agree that your access will be subject to the terms and conditions set forth in this legal notice and that access is undertaken at your own risk. Desi Feriwala is not liable for damages of any kind related to your use or inability to access this website.
Inaccuracies
We endeavor to present the most recent, accurate, and most reliable information on our website at all times. However, few occasions may arise when some information featured on www.desiferiwala.com may contain incomplete data, typographical mistakes, or certain inaccuracies. Any errors of the like are unintentional and we apologize if erroneous information is reflected in the price of the merchandise, availability of products, or if in any way they affect your individual order. Please keep in mind that we present our content 'as is and make no claims to its accuracy, either express or implied. We reserve the right to amend errors or to update product details at any time without prior notice. In the event of a product at www.desiferiwala.com is listed at an incorrect price range due to a photographic/typographical error or an error in pricing information from our supplier's end, Desi Feriwala reserves the right to refuse or cancel any orders placed for product listed at the incorrect price.
Desi Feriwala has the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card/debit card/bank account charged. If your credit card has already been charged for the purchase and your order is canceled, Desi Feriwala shall issue a credit to your credit card account in the same amount.
Grant of License
You hereby grant Desi Feriwala permanent, worldwide, royalty-free, freely transferable, freely sub-licensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, adapt, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), and create derivative works of the content, in any format, media, or technology used now or will be developed in future. To the permissible extent under the applicable laws, you hereby ask for a waiver of any moral rights that you might have in such content under the laws of any jurisdiction. You agree that we may but are not obliged to showcase your content and username or your actual name (according to the preferences you select at the time that you register) along with your content.
Availability, Product Information, Pricing & Colours
At Desi Feriwala, we feel grateful to offer you the kind of quirky merchandise for which our brand “Desi Feriwala” is known for. Please understand that we offer many of our featured items in restricted quantities and, because of their limited stock, they will not and cannot be refreshed. That means once such a product is gone, it may be gone for good and may not appear on the website again. When an item featured on www.desiferiwala.com is no longer in stock, we make every attempt to remove that item from the website within a stipulated time. Most www.desiferiwala.com items displayed on the website are available while stocks last.
Many of www.desiferiwala.com products are printed locally. We are making every effort to display the colors of our products appearing on the website, as accurately as possible. However, due to computer monitor discrepancies, we cannot guarantee that your display of a color will be exactly accurate.
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Correspondence
You acknowledge that the site may contain advertisements, offers, or other links to other websites and as well as third-party resources, which we are not in control of. You understand and acknowledge that information and advertisements, may or may not be wholly accurate and that Desi Feriwala is not responsible or held liable for (i) accurate availability of such sites or resources or (ii) the content, advertisements, offers, or links available from such sites or resources. Inclusion of any link on the Sites does not imply our endorsements to the linked site. You are responsible for using the link at your own risk. Desi Feriwala's privacy policy is applicable only when you are on our sites.
Your correspondence or business dealings with, or promotional participation of third party merchants or advertisers found on or through the site which provides links on the Sites, like, “click to purchase” and such programs, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchants or advertisers. You surrender any claim against Desi Feriwala and agree to not hold Desi Feriwala liable in case of any loss or damage of any kind incurred from such dealings from the presence of such merchants or advertisers on the Sites.
Although we will make every effort to respond quickly to applicable email messages, Desi Feriwala is under no obligation to respond to all pieces of correspondence received through this site, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions.
Modifications to Terms and Sites
You hereby agree that we may from time to time at our sole discretion, amend, add to or remove any or all parts of these Terms and the Privacy Policy. Such modifications will come into effect immediately after they are visible on the site. Your use of the site after the posting of these changes in the terms will confirm your acceptance of those changes. We reserve the exclusive right to temporarily or permanently amend or discontinue, and restrict or block access to the site or any part of the site without prior notice.
Termination or Cancellation
You hereby agree that we have the sole discretion to terminate these terms at any point in time, with or without any prior notification to you. We reserve the right to limit, suspend or block your access to the site/account. You may still remain liable for any breaches of these Terms and/or obligations before the termination period.. Your usage of the Site after the termination of these terms constitutes your agreement to the terms or after the termination of your account gives Desi Feriwala the access to use the contents posted by you to the website.
Site Disclaimer
The sites may contain advice, opinions, instructions, and statements from Desi Feriwala/users of Desi Feriwala. Please note that the available content is intended for informational or entertainment purposes only. To the maximum extent permitted by law, Desi Feriwala generates no representations, warranties or conditions of any kind. Desi Feriwala makes no announcement or guarantees that the site will be uninterrupted, error-free, virus-free, secure, or timely. As far as permissible by law, Desi Feriwala expressly denies warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement and those arising from a course of dealing, trade, usage or performance.
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