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").
1.1 www.cocktailhouse.in website ("Website") is a web (internet) based content and e-commerce portal owned and operated by Cocktail House, a firm successfully registered under the laws of India.
1.2 Use of the Website is offered to you on the condition that all the terms and conditions as mentioned in these Terms are acceptable to you. Further, Cocktail House at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof. Such decision shall not be challengeable under any circumstances. Further, even successful registration on the website does not mean that the User has the right to buy the products that are available for sale on the Website.
2.1 In these 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 Cocktail House and its affiliates and group concerns. Products for the purposes of these terms and conditions shall mean readymade garments.
2.2 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.
2.3 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.
3. User Account, Password, and Security:
3.1 The Website requires any new User interested to buy the Products to register himself/herself with a self selected username and password. Once the username and password has been created by the User, it is the duty and obligation of the User to ensure that the confidentiality of the password is maintained at all times. In the event that the password has been compromised by the User, whether knowingly or unknowingly, it shall be the duty of the User to notify Cocktail House immediately. If any transactions have been undertaken at such time during which the password has been compromised by the User and also no notification of the same has been sent to Cocktail House, then Cocktail House shall not be liable to compensate for any loss to the User whatsoever.
4. Products offered and the mode of execution:
4.1 Cocktail House through this website www.cocktailhouse.in intends to offer the Products for sale at such prices and on such terms and conditions which may be decided by it at its sole discretion. Provided however that all terms and conditions with regard to any of the Products sold on the website shall be disclosed to the User prior to any billings being carried out for such Products.
4.2 If the User is interested to buy any particular Product(s) from the Website then he/she shall have the option to purchase the same in any of the following modes:
a) by net banking
b) by credit card
c) by debit card
d) by cash on delivery
4.3 In the event that the User chooses to use any of the above modes other than (d), then the user shall be redirected to a third party website for the purpose of completing the payment formalities. If during such time any failure occurs preventing a successful payment from being carried out and thereby it results in a loss to the User, Cocktail House or any of its affiliates or group firms shall not be liable to compensate for the same, provided however that the same is not due to reason attributable to Cocktail House or any of its affiliates or group firms.
4.4 Cocktail House will not be liable for any credit/debit card fraud or any misuse of internet banking facility. The liability for use of a card fraudulently or misuse of internet banking facility shall be on the User and the onus to prove otherwise shall be exclusively on the User. Further, Cocktail House will not investigate into the eligibility or validity of a particular card user. In the event of any payment made to Cocktail House by any person other than the actual owner of the said card/account holder, Cocktail House will not refund the payments made to itself for purchase of items already dispatched. Further Cocktail House reserves the right to block such credit/debit card/bank account from its system completely.
4.5 If the User decides to make the payment vide the Cash on Delivery Mode then, the Customer Care Department shall contact the User prior to the shipment of the Products to ensure that the User has indeed placed an order for the Product. In the event that the User is not available over phone, the Customer Care Department of Cocktail House shall confirm with the User about the placement of the order vide email registered with Cocktail House. It shall be obligatory on the User to respond to the said email within 24 hours of receipt of the same. In the event that the User does not respond with the said time, it shall be presumed that the User has ordered the Product and on delivery of the Product, it shall be the duty of the User to pay for the same. If there is any default towards payment for the Product where the User has opted for the Cash on delivery mode, then Cocktail House shall have the right to disbar the User from any further purchases from the Website. In addition to the above, it may also deregister the User from the Website.
4.6 The User shall have the option to cancel the order which has been placed by him. The cancellation shall be in accordance with the Cancellation/Refunds Policy of Cocktail House.
4.7 Once the products have been delivered to the User, the User shall also have the option to return the Product so ordered, in accordance with the same Cancellation/Refund Policy as mentioned in clause 4.5.
5.1 Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices and the Products may change at Crave Clothing Company Private Limited’s discretion.
5.2 In a rare circumstance, it may happen that a particular Product may be mispriced. If an item's correct price is lower than our stated price, we charge the lower amount and send you the item. If a product's correct price is higher than our stated price, we will cancel your order and notify you of that cancellation.
6.1 Title and risk of loss for all products ordered by you shall pass on to the User upon Cocktail House’s shipment to the shipping carrier. Further depending on the size of the order, a separate shipping charge may be levied by Cocktail House in order to deliver the Product to the User.
7. Undertakings by the User:
7.1 The User agrees and undertakes not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website without prior written consent of Cocktail House. Subject to what is stated hereinabove, the User shall be entitled to however, post a link to the Website on any third party domain/webpage/blog/forum etc provided that the same is not in any way harmful to Cocktail House.
7.2 The User further declares that the Product will be acquired for personal use of the Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.
7.3 The User shall not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of other Users as well as Cocktail House;
7.4 The User shall not publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information regarding Cocktail House or any of its affiliates or group firms on any other website/webpage/domain;
7.5 The User shall not upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
7.6 The User shall not whether alone or in conjunction with some other person, in any manner hack or attempt to hack the database of Cocktail House which may have personal details of all the other Users as well as other proprietary data of Cocktail House.
7.7 The User shall not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
7.8 The User shall not violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
7.9 The User shall not violate any applicable laws or regulations for the time being in force in or outside India; and
7.10 The User shall not violate any of the terms and conditions contained herein or any other terms and conditions for the use of the Website contained elsewhere herein.
It is expressly understood by the User that in the event any of the above mentioned conditions from 7. 1 to 7.10 are breached by the User, he would liable to compensate Cocktail House or any of its affiliates or group firms for any loss/damage/expenses/costs that may be incurred thereby.
8. Undertakings by Cocktail House:
8.1 Cocktail House guarantees that all the Products that are supplied by them are 100% genuine and fits the description mentioned on the Website. However, it may happen that the quality of any products, services, information, or other product purchased or obtained by you through the Website may not meet your expectations. In such an event, Cocktail House shall not be liable to compensate the User for any damages provided however in such a scenario, the User shall have the option to avail of the 15 day free return policy of Cocktail House from the day of receiving , as more particularly detailed in the Cancellation/Return Policy. The User should not accept the parcel if received in a hampered condition.
9. Terms for Promotions/Contests/Offers/Campaigns/Sales:
9.1 Discounts, if any offered by Cocktail House will be applied to the total product value including all applicable taxes. Redemption of a voucher or coupon will apply to the total value of the qualifying order once all promotional discounts have been applied.
9.2 Cocktail House may in its discretion issue discount coupons to new as well as existing Users of the Website from time to time. Such coupons can only be applied to purchases made through the account to which the discount coupon was offered and registered. In the event that a User has used a coupon in order to purchase a Product but such Product needs to be subsequently returned, the User shall be entitled to do the same provided he/she adheres to the Cancellation/Refund Policy. In such a case, the amount that was paid by the User over and above the coupon amount shall be refunded to the User either as direct credit to the respective bank account or in the form of additional coupons which could be redeemed on the Website. The original coupon value which was used in the first place to purchase the Product shall also be reissued to the User and the same shall have a validity of not more than 30 days from the date of such reissue.
9.3 Further, such coupons will not be valid for purchases of Products which are part of any sale being run on the Website.
9.4 Cocktail House 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.
10. Intellectual Property Rights:
10.1 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Cocktail House owns all Intellectual Property Rights to and into the Website as well as the Products, 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 Cocktail House or Cocktail House or any affiliates or any of their group firms without obtaining authorization from Crave Clothing Company Private Limited
12. Disclaimer of Warranties/Limitation of Liability:
12.1 Cocktail House has to its best efforts attempted to ensure that all the information on the Website is correct, but Cocktail House neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. In no event shall Cocktail House be liable for any kind of damages resulting from: (a) the use or the inability to use the services; (b) unauthorized access to or alteration of the user's transmissions or data; (c) 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.
12.2 Neither shall Cocktail House 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.
12.3. Further, Cocktail House 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 Cocktail House’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.
13.1 You agree to indemnify, defend and hold harmless Cocktail House 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 Cocktail House or Cocktail House or its affiliates or any group firms 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 the User pursuant to these Terms.
14. Links to Third Party Sites:
14.1 The Website may contain links to other websites. However such sites are not under the control of Cocktail House or the Website (www.cocktailhouse.in) and Cocktail House or Cocktail House or its affiliates or any group firms is not responsible for the contents of any such sites, including without limitation any link contained in a linked site, or any changes or updates to a linked site.
15.1 Cocktail House may suspend or terminate your use of the Website or the sale of any Product if it believes, in its sole and absolute discretion that the User has breached any of these terms.
15.2 If the User or Cocktail House terminates the use of the Website, Cocktail House may delete any content or other materials relating to User’s use of the service and Cocktail Housewill have no liability to you or any third party for doing so. However, the User shall be liable to pay for any Product that the User may have already ordered till the time of termination.
16. Governing Law:
16.1 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 Mumbai. Cocktail House makes no representation that the contents of www.cocktailhouse.in are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Cocktail House or Cocktail House or its affiliates or any group firms is not responsible for supply of goods/refund for the goods ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable
17.1 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.