Terms and Conditions

This agreement sets out to explain the Terms and Conditions for use of the online marketplace ​www.fynepicks.com​ referred to as “Website”, “Platform”, owned and operated by Fynepicks E-Retail Private Limited referred to as “The Firm”, “We”, “Us”, “Our” in this agreement. Please read these Terms and Conditions also referred to as “Terms” carefully before accessing or using our website. As a user, you agree to be bound by the following terms, including the hyperlinked content in this agreement. Please do not use the website and its services if you do not agree to all the Terms and Conditions of this agreement.

1.Definitions

1.1. “Seller”​ refers to any Individual/ Brand/ Sole-proprietorship/ Partnership/ LLB firm whose products can be purchased via the website

1.2. “Buyer” ​refers to any Individual/ Brand/ Sole-proprietorship/ Partnership/ LLB firm using our website to purchase products by performing financial transactions on the website

1.3. “User” ​refers to all users of the site, including but not limited to buyer, guest user, seller, or any individual who visits, uses, interacts and/ or performs financial transactions on the Website.

1.4. “User dashboard”​ refers to the set of tools made available to the buyer enabling the buyer to perform functions but not limited to view products, store information, view past orders, create wishlists, store addresses and perform financial transactions.

1.5. “Seller dashboard”​ refers to the set of tools made available to the seller enabling the seller to perform the following functions but not limited to list, edit, manage, add shipping details, and view products for sale

1.6. “Tools” ​collectively refers to the user dashboard, seller dashboard and gift finder

1.7. “Services” ​refers to all other services offered by us including but not limited to customer support services and marketplace services

1.8. “User Account” ​refers to the account created by the users on the website for the purpose of viewing, browsing, buying or selling of products.

1.9. “User Content” ​refers to the information provided to us by the user through the use of our website and its tools

1.10. “​Personal information​”/​ “Information” ​refers to any data, information, or combination of data and information that is provided by the user to us, or through the use of our website, tools and services, that relates to an identifiable individual

2.General

By registering with us as a user, you agree to the following terms:

2.1. You are at least 18 years of age or You are the legal guardian of a minor dependent granting Him/Her permission to use this site .

2.2. Register only a single account on the Website with true, accurate and up-to-date personal information which includes but not limited to Name, Email, Phone number, Billing Address and Shipping Address.

2.3. Register only a single account on the Website with a valid email id that you have access to at all times and verify the same enabling us to provide you information about your orders and transactions.

2.4. Not to impersonate any Individual/ Brand/ Sole-proprietorship/ Partnership/ LLB firm through the personal information provided to us and grant us full permission to ban or delete your account without any prior notice if the personal information provided by you impersonates an Individual/ Brand/ Sole-proprietorship/ Partnership/ LLB firm.

3.Account security

3.1. Any rights given to you pertaining to the use of this website and its contents are non transferable and may only be used by you.

3.2. You shall be solely responsible for any authorised or unauthorised transaction, action, loss or damages in connection with your User dashboard and/ or seller dashboard using your Login credentials.

3.3. You shall be solely responsible for keeping your login credentials safe from any third-party access.

3.4. Support and Services may differ when you use the website and its tools as a guest user as it affects the information we collect about you.

3.5. If you find out or suspect that your account is compromised in any manner, you shall immediately change your password and contact us at ​care@fynepicks.com​.

4.Products

4.1. Products listed for sale on the website are sold by sellers registered on the website under their brands and The Website does not own any of the products listed for sale on the website

4.2. Product availability, descriptions, product pricing, images, shipping time, additional information are subject to change at any time without notice, at the sole discretion of the Seller.

4.3. We have made every effort to display as accurately as possible the colour of products that appear on the website. We cannot guarantee that your computer or smartphone’s display of any colour will be accurate.

4.4. Any offer for any product or service made on this site is void where prohibited.

4.5. We do not warrant that the quality of any products, services, information, or other material on this site purchased by you will meet your expectations, or that any errors in the service will be corrected. For more details, please review our Shipping and Returns Policy.

4.6. The Seller reserves the right to refuse any order you place with us. The Seller, in their sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

5.Payments

5.1. The contract for the Sale of goods between you and The Seller is not entered into until we charge a valid credit card or otherwise accept payment from you.

5.2. Payment via the website shall be completed through Razorpay secured payment gateway. You need to agree to Razorpay’s terms and conditions for the use of Razorpay’s secured payment gateway which may be found at ​http://www.razorpay.com/

5.3. You represent and warrant that if you are making any payments relating to the orders placed on the website, any payment information you provided is true, correct and complete.

5.4. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

5.5. You will make a one time payment in full for every order placed on the website and this payment includes all applicable taxes.

5.6. No Cash On Delivery (COD) option is available currently.

5.7. We may stall the dispatch of any item for which we have not received payment in full until such time we receive full payment.

6.Shipping and Returns

6.1. You agree that the Seller will ship the products for which orders are placed on the website.

6.2. If the order delivered falls under any section of Our Returns Policy, please take a photo of such products, and send it to care@fynepicks.com for verification purposes.

6.3. Upon verification, we will present you with options of return, exchange or refund depending on the Returns policy of The Seller and also the availability of products.

6.4. The products or services may have limited quantities and are subject to return, exchange or refund only according to the Seller’s Returns Policy.

6.5. If you fail or refuse to accept delivery or collect the product ordered by you, the Seller may at their sole discretion where appropriate, contact you and agree on the appropriate action to take and / or dispose of the product in any manner we deem fit without being liable to you.

7.Privacy

Please refer to our Privacy policy for more details

8.Limitation of Liability

8.1. You agree and acknowledge that by providing the platform and services, we act as an intermediary between the sellers and you and we are not an agent of any sellers or act in any other capacity unless otherwise specifically stated.

8.2. We do not warrant that the results that may be obtained from the use of our website, services and tools will be accurate or reliable.

8.3. You agree that your use of, or inability to use, the service is at your sole risk. All products delivered to you from the seller are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

8.4. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information and any reliance on the material on this site is at your own risk.

8.5. Occasionally there may be information on our site that includes but not limited to typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to, but not obligated to correct any product related errors, inaccuracies or omissions on the website.

8.6. Your access to the Site and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the Site at any time.

9.Prohibited

9.1. In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

(h) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) for any obscene or immoral purpose; or

(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

10.Indemnification

10.1. You agree to indemnify, defend and hold harmless The Firm, its Owners, Parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless for damages or loss for shipping and delivery related issues, inaccurate or false information that is made available on the site by a user, any loss or damages due to unauthorized transactions on your account due to your failure to keep your login credentials safe and secure and from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

11.Severability

11.1.If any provision of this Agreement is adjudged by a court to be invalid, void or unenforceable, the Parties agree that the remaining provisions of this Agreement will not be affected thereby, and that this Agreement will in any event otherwise remain valid and enforceable.

12.Termination

12.1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

12.2. These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

12.3. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

13.Force Majeure

13.1.Under no circumstance shall The Firm be liable or responsible to a Force Majeure event such as an extraordinary event beyond the control, including without limitation, war (declared or undeclared), rebellion, communal violence, acts of god, terrorism, earthquake, accident, explosion, fire, flood preventing us from performing our obligations under this Agreement and in such case we will promptly notify you and will take all reasonable steps to promptly remedy the cause of such delay or failure if it is in its power to do so.

14.Intellectual Property

14.1. The name "Fynepicks" and related icons and logos are registered trademarks or trademarks or service marks of The Firm, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

14.2. We may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.

14.3. We shall not be responsible and held liable for any patent, trademark, copyright or other proprietary rights infringement of products listed by sellers on our website.

15.Disclaimer

NEITHER THE FIRM, OWNER, NOR ITS AFFILIATES, OFFICERS, DIRECTORS, LICENSORS, SUPPLIERS, EMPLOYEES OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, THAT THE WEBSITE, ITS TOOLS AND SERVICES PROVIDED BY THE WEBSITE OR ANY SERVICE PROVIDER, OR SOFTWARE USED TO PROVIDE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE, AND USER AGREES THAT THE FIRM WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS, INCLUDING WITHOUT LIMITATION, SYSTEM OR SOFTWARE FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY TRANSACTIONS. NEITHER THE OWNER NOR ITS AFFILIATES, OFFICERS, DIRECTORS, LICENSORS, SUPPLIERS, EMPLOYEES OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO SELLER WITH RESPECT TO THE SALE OF SELLER’S PRODUCTS THROUGH THE WEBSITE PURSUANT TO THIS AGREEMENT, AND ALL SUCH SERVICES PROVIDED BY THE FIRM ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE FIRM AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND THOSE IMPLIED WARRANTIES ARISING OUT COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

16.Governing law

16.1. This Agreement will be construed and enforced in accordance with the laws of India, without regard to any conflict-of-law provisions. You agree that in any dispute arising from or related to this Agreement, exclusive jurisdiction and venue will be in Coimbatore, India. You acknowledge and agree that they will not raise in connection therewith, and hereby waive, any defence based upon venue, inconvenience of forum or lack of personal jurisdiction in any action or suit brought in accordance with the foregoing. You acknowledge that they have read and understand this Section and agree voluntarily to its terms.

17.Amendments

17.1. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes. The Website reserves the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.

17.2. It shall be solely your responsibility to monitor changes to our site for any modification, price change, suspension or discontinuance of the Service.

18.Contact information

Please contact us at ​care@fynepicks.com if you have any questions or concerns.