TERMS & CONDITIONS
These are the terms and conditions governing the use of this website and the agreement that operates between us and you (hereinafter, "the Terms"). These Terms set out the rights and obligations of all users (hereinafter, "You" / "your") and those of CABASA (hereinafter, "us" / "our" / "we" / "the Vendor") in relation to the goods/services offered by us through this website (hereinafter, collectively known as the "CABASA Services"). Before you click on the "Authorize Payment" button at the end of the ordering process, please carefully read these Terms and our Privacy Statement. By using this website or placing an order through it, You are consenting to be bound by these Terms and our Privacy Statement. If You do not agree to all of the Terms and the Privacy Statement, do not place an order.
These Terms may be subject to amendment, so You should carefully read them prior to placing any order.
1.USE OF OUR WEBSITE
These Terms are the only conditions that are applicable to the use of this website and they replace all other conditions, except with the express, prior written agreement of the Vendor. These Terms are important for both You and us as they have been designed to create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business. You agree that, by placing your order, You unreservedly accept these Terms, having read them.
You agree that:
- You may only use the website to make legitimate inquiries or orders.
- You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
- You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact You in the event that this should prove necessary (see our Privacy Statement ).
- If You do not give us all of the information that we need, we may not be able to complete your order.
By placing an order through the website, You warrant that You are at least 18 years old and are legally capable of entering into binding contracts.
The items we offer on this website are only available in the following countries: INDIA.
3.HOW THE CONTRACT IS FORMED
The information set out in the Terms and the detail contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any products shall exist between You and us until your order has been accepted by us. If we do not accept your order and funds have already been deducted from your account, these will be fully refunded.
To place an order, You will be required to follow the shopping process online and press the "Authorize payment" button to submit the order. After this, You will receive an e-mail from us acknowledging that we have received your order (the "Order Confirmation"). Please note that we will confirm the shipment to You by sending You an email that confirms that the product has been dispatched (the "Shipment Confirmation”). The contract for the purchase of a product between us (Contract) will only be formed when the Invoice is shared .
The brand holds the authority of checking the authenticity of order by call or email. On any dissatisfaction/authenticity/No response from customers of the order, The brand holds the rights to cancel the order.
The Contract will relate only to those products whose dispatch we have confirmed in the Shipment Confirmation. We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipment Confirmation.
4.AVAILABILITY OF PRODUCTS
All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give You information about substitute products of an equal or higher quality and value which You can order. If You do not wish to order such substitute products, we will refund any money that You might have paid into your CABASA account wallet as store credit.
5.REFUSAL OF ORDER
We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. Whilst we will make our best efforts to always process all the orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent You an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.
We will not be liable to You or any other third party by reason of our withdrawing any product from this website, whether it has been sold or not, removing or editing any materials or contents on this website or for refusing to process or accept an order after we have sent You the Order Confirmation.
6.YOUR RIGHTS TO CANCEL
If You are contracting as a consumer, You may cancel a Contract at any time before the dispatch of goods. In this case, You shall receive a full refund of the price paid for the products in accordance with our Returns Policy (see below Clause 13). The return of a gift/credit coupon shall be governed by the Use Conditions of the Gift Card.
Your right to cancel a Contract only applies to products that are returned in the same condition as You received them. You should also include all of the product's instructions, documents and wrappings. Any product which is damaged or not in the same condition as You received it or which is worn simply beyond opening the product will not be refunded. You should therefore take reasonable care of the product(s) while they are in your possession.
You will not have any right to cancel a Contract for the supply of any of the following products:
- Customized items
- Products whose original wrapping has been removed
Please take good and reasonable care of the products whilst in your possession, and where possible original boxes, instructions/documents and wrappings should be retained and used for the return of the products.
- Free shipping
- Product are shipped from our warehouse within 2 to 7 working days.
- The order will be delivered in 10-15 days from the date of dispatch.
- You will receive order tracking number as soon as we ship your order.
- We have 7 days return policy.
- Please ensure that the products you return are unused, unworn and the original tags are intact.
- International orders are not eligible for return.
- Refunds are initiated in your bank account within 5-10 Working days of product receipt.
- Exchange and Return is available. Except Mask, Boxers and Socks & products at 699rs.
- Exchange only available for products at 899rs.
- There is no additional charge for any exchange orders.
- Exchange is subject to availability of size.
- For new orders of lower price, the balance amount will be refunded as a gift voucher.
- No return will be accepted on orders placed between 24th June, 2022 to 27th June, 2022 and 30th June, 2022 to 3rd July, 2022.
Subject to availability, (see Clause 4 above), and unless there are any exceptional circumstances, we will endeavor to fulfill your order for product(s) listed in the Order Confirmation by the delivery date set out in the Order Confirmation.
Reasons for delay could include:
- Unforeseen circumstances; or
- Delivery area not under our scope of network
10.UNABLE TO DELIVER
If we are unable to deliver the goods after two attempts by default as a delivery practice by our carrier . the carrier shall also coordinate on the telephone no provided by you . Still if the parcel is not being received by someone at the address given , then the parcel shall return back to the brand and a credit in CABASA wallet shall be issued to yourself , in case of prepaid only .
11.RISK AND TITLE
The Products will be at your risk from the time of delivery.
Ownership of the products will only pass to You when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery (as defined in clause 7 above), whichever is the latter.
The brand also has a sealed box packaging practice . The customer is requested and has the liberty to refuse the parcel if the condition of the packaging is found to be in damaged/tampered /open/soiled condition . In such cases the brand also needs to be notified in written only to our email@example.com email . On such refusal the brand shall make arrangements to dispatch new merchandise ( if holding stock ) or issue a credit in the CABASA wallet to the client , which is in case of prepaid registered orders only .
Upon ensuring the condition of the parcel and duly accepting the consignment , The brand does not take the responsibility of the goods or its condition once the parcel is received by the customer .
12.COUPONS AND VOUCHERS
It is at CABASA's discretion to send out promotional coupons and gift vouchers. Users can be disqualified under the terms for sending out Coupons and Vouchers.
Coupons and Gift Vouchers will be disabled in the event of Sale promotions or End of Season Sale. However, any coupons available with users can be used post the Sale promotion and End of Season Sale gets over.
Any use of Coupon and Vouchers are governed by CABASA and can be withdrawn any time.
13.PRICE AND PAYMENT
While we take care to ensure that all prices quoted on our website are accurate, errors may occur. If we discover an error in the price of any product(s) You have ordered, we will inform You as soon as possible and give You the option of reconfirming the order at the correct price or canceling it. If we are unable to contact You, the order will be treated as canceled and if You have already paid for the product(s) You will receive a full refund in CABASA wallet only.
We are under no obligation to sell the product(s) to You at the incorrect (lower) price (even after we have sent You an Order Confirmation) if the pricing error is an obvious typographical or arithmetical inaccuracy and could have reasonably been recognized by You as such.
The prices displayed on our website include taxes. Delivery costs are as per clause 7.
We reserve the right to decline orders for bulk or high value purchases and to change price and availability information without notice.
Please follow the instructions carefully.
If it’s a Prepaid order your payment will be processed to your sources like net banking, debit/credit card, or any UPI gateway. If your order is COD you can fill in the below bank details.
Once the payment is successful, you will get a payment confirmation via email and SMS on your registered mobile number and email ID and the same can be used for reference.
In case the payment is not successful due to any reason you will get an email from the bank with the status of failure in payment. In case none of the above two happens, and there is a heavy delay in any response kindly get in touch with our customer support at +91 91500 68973
The details provided by you shall be utilized only to make payments to you. All data shall be kept secure, and shall not be divulged to anyone or utilized for any other purpose.
- CHECKOUT PROCESS
Once You have finished shopping, all the items You wish to purchase are added to your cart. Your next step will be to go through the checkout process and make payment. To do this:
- Click the "CART" button at the top of the page.
- Click on the "Checkout" button.
- Fill-in or check your contact details, the details of your order, the delivery address and the invoicing address.
- Enter the details of your card.
- Click on "Authorize payment"
You can pay using any Indian cards. Similarly, you can pay all or part of the price of your order with a gift card or a CABASA credit voucher issued by CABASA. The charge will be made the moment we confirm the order.
If you click on "Authorize Payment" you are confirming that the card belongs to you or that you are the legitimate holder of the gift card or the credit voucher card.
Cards are subject to validation checks and authorization by your Card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.
GENERAL POLICY: If You wish to return a product(s) within the period of 7 days upon receiving the product, You can make a return to us where your product was delivered or by Courier arranged by us. In the latter case You should contact us through our web form to arrange for the product to be collected. You should send the product in the same package received by following the directions on the “RETURNS” section of our website.
There is no additional charge for any exchange orders or return orders. For new orders of lower price, the balance amount will be refunded as a gift voucher.
Exchange is subject to availability of size.
If You have any doubts You can contact us through our web form or mail us at firstname.lastname@example.org .
Where possible, please use or include with the product being returned all original boxes, instructions/documents and wrappings.
The Refund shall be made 15 days from the receipt of the Goods into our fulfillment center in the right / original condition only.
You should be aware that You are under an obligation to take reasonable care of the product(s) whilst they are in your possession. This means including all of the product(s) instructions, documents and wrappings when returning the product(s) and returning the product(s) in the same condition as received. Failure to exercise such reasonable care may, depending on the circumstances, give rise to a right of action against You for breach of statutory duty.
In circumstances where You consider that the product does not conform to the Contract at the time of delivery, You should promptly contact us via our web form with details of the product and its damage. Alternatively You can contact us by mail at email@example.com where You will receive instructions from us.
Upon receipt of the product, we will fully examine it and notify You of your right to a refund (if any) via e-mail within a reasonable period of time. We aim to process the refund as soon as possible and, in any case, within 7-10 working days of the day we confirm to You via email that You are entitled to a refund in your chosen mode (account / source).
Defective/wrong products will be refunded in full.
3.LIABILITY AND DISCLAIMERS
Our liability in connection with any Product purchased through our web site is strictly limited to the purchase price of that Product.
Nothing in these Terms shall exclude or limit in any way our liability:
- For death or personal injury caused by our negligence;
- For fraud or fraudulent misrepresentation;
- For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.
Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise stated in these Terms, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including (without limit) for any:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data; and
- waste of management or office time.
Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website.
All product descriptions, information and materials posted on this website are provided "as is" and without warranties express, implied or otherwise howsoever arising.
To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind.
Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or in our licensors. You are permitted to use this material only as expressly authorized by us or our licensors. This does not prevent You from using this website to the extent necessary to make a copy of any order or Contract details.
Applicable laws require that some of the information or communications we send to You should be in writing. When using our site, You accept that communication with us will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on our website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that we provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by You to us should be given to us via our web form. Subject to and as otherwise specified, we may give notice to You at either the e-mail or postal address You provide to us when placing an order.
Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
7.TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between You and us is binding on You and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to You, whether express or implied.
8.EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- Any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- ENTIRE AGREEMENT
These Terms and any document expressly referred to in them represent the entire agreement between You and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between You and us, whether oral or in writing.
Both You and us acknowledge that, in entering into this Contract, neither You nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between You and us prior to such Contract except as expressly stated in these Terms.
Neither You nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms.
- OUR RIGHT TO VARY THESE TERMS
We have the right to revise and amend these Terms from time to time.
You will be subject to the policies, Terms in force at the time that You order products from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You).
2. LAW AND JURISDICTION
Contracts for the purchase of products through our site will be governed by Indian law.
Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the Indian courts.
If You are contracting as a consumer, nothing in this clause will affect your statutory rights as such.
We welcome your comments and feedback. Please send all feedback and comments to us via our web form.