Copy of Terms and Conditions
Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("Terms").
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
The Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website. "Service Providers" mean independent third party service providers, and "we", "us" and "our" shall mean Inertiacart Apparel Private Limited, its franchisor, affiliates and partners.
- About the Company:
- inertiacart.com website ("Website") is an Internet based content and e-commerce portal operated by Inertiacart Apparel Private Limited, a company incorporated under the Companies Act, 2013.
- The company is engaged in Apparel manufacturing and wholesale & retail supply, including customisation and printing of Apparel as per your requirement.
1.3. Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. www.inertiacart.com at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
- Interpretation Of Number And Genders:
- The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine.
- The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.
- Intellectual Property Rights:
- Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Inertiacart.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Inertiacart.com without obtaining authorization from Inertiacart.com.
- Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
- Links To Third Party Sites:
- The Website may contain links to other websites ("Linked Sites").The Linked Sites are not under the control of Inertiacart.com or the Website and Inertiacart.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Inertiacart.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Inertiacart.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Inertiacart.com or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
- Disclaimer Of Warranties/Limitation Of Liability:
- com has endeavoured to ensure that all the information on the Website is correct, but Inertiacart.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Inertiacart.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
- the use or the inability to use the Services;
- unauthorized access to or alteration of the user's transmissions or data;
- 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 or Service. Neither shall Inertiacart.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Inertiacart.com shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Inertiacart.com's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
- The Users of Mobile Application of Inertiacart.com are expected to update his/her said app on regular basis, so that he/she can avail the latest services and is duly aware of any change(s) in Inertiacart policy. In the event of failure to update the Inertiacart Application, as and when available, by the Customer, the Users understand and agrees that Inertiacart shall not be liable in any manner whatsoever.
- Refund/ Return/ Exchange Policy:
- If the quality of any products, services, information, or other material purchased or obtained by you through the Website did not meet your expectations, no compensation will be given unless the product is damaged or mistake in printing from our end.
- The products so processed when ordered online with the use of “I-Design” (Inertia Design Tool) will be considered final as per the measurement and specs thus generated or designed by the customer. And will be processed only when the Payment is completed and reflected in our Bank Account.
- The customer cannot request compensation for any reason, including but not limited to: any variation in the finish or appearance of the final product; any delay in delivery caused by unforeseen circumstances; any special, incidental, indirect or consequential damage of any kind caused by a product; missed opportunities to avail certain discounts; any issue with our Delivery partners or their personnel; any voucher which got deactivated due to the end of expiry date; unavailability of items which the customer tried to purchase etc. Unreasonable and unlawful requests for compensation, over and above the entitled refund, will be treated as loss to business cases. Inertiacart holds the rights to cancel orders and block accounts of such customers without any prior notice.
- Pilferage Claim
If a customer raises a complaint for partial item/partial order through Customer Care
- The customer is supposed to claim for pilferage within 48 hours of delivery failing which the claim will not be entertained
- An Email will be sent seeking/providing following information:
- Short description of the case (A few questions will be asked to help us understand the scenario)
- The snapshots of the packet and other box(If any)(Try to cover the sides which look tampered/damaged as per the customer)
- The refund for prepaid orders will be done after investigation which usually requires 3-4 business day. The process will include investigation with the concerned departments
- The customer may not be liable for a refund if he/she falls in any of the scenarios stated below:
- Customer fails to provide adequate information about the case
- Customer fails to provide snapshots of the packet and box(if any)
- If an opened delivery was received, pilferage claims must be made the same day
- Customer must not dispose the packaging for 3-4 days post delivery. We might need to pick-up your packaging for investigation at our end.
- User Account, Password, and Security:
- You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
- You agree to
- immediately notify Inertiacart.com of any unauthorized use of your password or account or any other breach of security, and
- ensure that you exit from your account at the end of each session. Inertiacart.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
- User Warranty and Representation:
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by Inertiacart.com.
- Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at Inertiacart.com’s discretion.
- In accordance with brand guidelines, prices might change when the stocks are replenished.
- Exactness Not Guaranteed:
- When the bulk order is made which is considered more than 10 pieces of Apparel there would be some variation in Size or packaging. Hence in case such variations arises the Customer on intimation and acknowledging the mistaking from our end if any will be reimbursed or fresh product will be delivered to you within reasonable time.
- com hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as the merchandise brand, size, colour etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc. In this instance you agree that a representative from Inertiacart.com will call you or send an approval request via the email address which you submitted when placing your order.
- If you do not agree with the requested change you retain the right to reject the requested production change by replying to it within 10 days of it being sent to you. Inertiacart.com may re-request that you accept a production alteration one additional time if an alternative method to send your merchandise is available.
You agree to indemnify, defend and hold harmless Inertiacart.com from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Inertiacart.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
Title and risk of loss for all products ordered by you shall pass on to you upon Inertiacart.com's shipment to the shipping carrier.
- com will make a maximum of two attempts to deliver your order. In case the customer is not reachable or does not accept delivery of products in these attempts Inertiacart.com reserves the right to cancel the order(s) at its discretion.
- The cost of shipping on second attempt will be borne by the Customer and in case this fails the Shipment will be returned to Inertiacart’s Godown and will be released only after shipping expenses incurred by Inertiacart.com is paid by the customer or the order will be deemed to be cancelled.
- An estimated delivery time is displayed on the Order Summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location. Sometimes, delivery may take longer due to
- bad weather
- flight delays
- political disruptions
- other unforeseen circumstances
- In such cases, we will proactively reach out to you. Please check your emails and SMS regularly for such updates.
- Also, we will not be able to compensate for any mental agony caused due to delay in delivery.
- Services Offered:
Inertiacart.com provides a number of Internet-based services through the Web Site (all such services, collectively, the "Service"). One such service enables users to purchase original merchandise such as wholesale of Apparel, retail of clothing, designing Hoodies, T-shirts etc., (collectively, "Products"). Upon placing an order, Inertiacart.com shall ship the product to you and be entitled to its payment for the Services.
- Limited User:
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that Inertiacart name is stated as the source and prior written permission of Inertiacart.com is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
- Returns and Exchange conditions:
Inertiacart.com will accept Return or Exchange only if the following conditions are met.
- The customer can only return the goods if there exists damage or pilferage in goods thus couriered on order placed by the customer by Inertiacart.
- Return/Exchange should be initiated within 7 days of order delivery.
- The tags on the product should be intact.
- The product should be unwashed, unused and in an undamaged
- The item needs to be returned along with the original packaging.
- Refund amount for courier charges
- If the customer wants to instant return or return within 7 days from delivery date as specified in Clause 17.1, and Inertiacart does not offer reverse pickup of the items, the customer can send us the shipment himself/herself. Also, we request the customer to send the scanned copy of the courier slip to email@example.com Inertiacart will refund the amount or exchange as per the conditions as derived thereafter. Inertiacart will refund the courier slip amount or INR 100 per kg, whichever is less. Customers, please ensure that you do not end up paying more than INR 100 per kg for items being returned.
- Proof of Delivery on non fulfilment of Delivery
- In case of Return initiated and subsequently couriered the product by the Customer himself/herself, if it is found that the claimed shipment was not delivered to Inertiacart.com or the shipment was empty, the onus shall be on the customer to prove through presentation/submission of Proof of Delivery (PoD) from the concerned logistic service provider to establish his/her claim of return.
- com will not be liable for the products returned by mistake
In a scenario where a product not belonging to Inertiacart is returned by mistake, Inertiacart is not accountable for misplacement of the product and is not responsible for its delivery back to the customer.
- Limitation on refund amount for courier charges
- Please do collect the RVP slip/Written confirmation from the Courier company that the RVP has been done for a particular shipment/order.
- RVP slip to be produced in case of discrepancy between customer and our logistics partner. In case of any discrepancy in the status of reverse pick up of a product, (where the customer claims the product has been returned, while our system suggests otherwise) refund will be initiated only if the customer successfully furnishes the RVP slip given at the time of the pickup.
- There is no exchange policy for the goods once ordered and processed.
- The customers are requested to take a mail confirmation from Inertiacart.com for such exchange if exclusively honoured by Inertiacart.com.
- com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms.
- If you or Inertiacart.com terminates your use of the Website or any Service, Inertiacart.com may delete any content or other materials relating to your use of the Service and Inertiacart.com will have no liability to you or any third party for doing so.
- You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.
- Governing Law:
- These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Karnataka.
- The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
- If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
- Report Abuse:
- As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Inertiacart.com does not review the contents in any way before they appear on the Website. Inertiacart.com does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to firstname.lastname@example.org.
- Unauthorized Charges on your card
If you see charges on your credit/debit card for purchases made on Inertiacart.com, but you never created an account or signed up, please check with your family members or business colleagues authorized to make purchases on your behalf, to confirm that they haven't placed the order. If you're still unable to recognize the charge, please report the unauthorized purchase within 30 days of the transaction to enable Inertiacart to begin an investigation.
- Cancellation of Fraudulent/Loss to business Orders
- To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Inertiacart.com reserves the right to cancel all past, pending and future orders without any liability.
- com also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on website and stock unavailability.
- We may also require additional verifications or information before accepting any order.
- We 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 card has been charged, the said amount will be reversed to your Card Account.
- Cancellation of Bulk Orders
- com may cancel any orders that classify as 'Bulk Order' under certain criteria at any stage of the product delivery. An order can be classified as 'Bulk Order' if it meets with the below mentioned criteria, and any additional criteria as defined by Inertiacart.com:
- Products ordered are not for self-consumption but for commercial resale
- Multiple orders placed for same product at the same address, depending on the product category
- Bulk quantity of the same product ordered
- Invalid address given in order details
- Any malpractice used to place the order
- Promotions/ Discounts/ Vouchers/ Contests
- Promotional discount vouchers - We may from time to time offer promotional discount vouchers which may apply in respect of any, or certain specified, purchases made though this Website. These promotional discount vouchers, however won't be re-issued for unsuccessful orders. To avail best discount, you can use any current running offers on the website.
- com shall introduce various offers, schemes or contest at different times. The terms and conditions for such Contest shall be separately available on the Site.
- com reserves the right to change/modify/add/delete any of the terms and conditions prevailing on the different promotional schemes it introduces in market from time to time. Inertiacart.com, at its discretion, can withdraw a particular scheme from the website or market.