CUSTOMER INFORMATION AND TERMS AND CONDITIONS FOR INDIA

1. The The Kapaas Warehouse website

Customers accessing the website www.Tkwarehouse.com (hereafter referred to as the “Website”) from, or with shipping addresses in, India are subject to the following terms and conditions (General Terms and Conditions). This customer information and these General Terms and Conditions shall apply to your use of, and all orders for the sale of goods placed through, the Website. The General Terms and Conditions apply equally to those goods ordered using the Website by direct order or through an account which you may establish through the Website. By placing an order with The Kapaas Warehouse LLP (“The Kapaas Warehouse”), you confirm that you have read, understood and accepted these General Terms and Conditions and the The Kapaas Warehouse Privacy Policy and Statement at https://www.The Kapaas Warehouseindia.com/ privacy-policy. If you object to any of these General Terms and Conditions or those of our Privacy Policy and Statement, please discontinue using the Website and refrain from placing an order (as applicable).

The Kapaas Warehouse reserves the right to make changes to these General Terms and Conditions. The goods and prices on the Website are also subject to change. Customers should revisit this area of the Website immediately before placing an order. Any changes will only be effective once they are published on this Website.

This Website is not intended for use by children, especially those under 12 years of age. If you are under 18 years of age, you must obtain the consent of your parent or legal guardian before disclosing any personal information or making any purchases from this Website.

2. Owners of this website and parties to any purchase agreement

This Website is owned and operated by The Kapaas Warehouse LLP with its registered office at Plot 187, Sector 27/A, pradhikaran, nigdi, pune – 411044.

If you have any complaints or wish to assert any of your rights in relation to goods purchased on this Website, please contact: The Kapaas Warehouse LLP by emailing at thekapaaswarehouse@gmail.com .

3. Use of the Website

You agree to use the Website solely for those purposes permitted by these General Terms and Conditions. You are responsible for all equipment and software used to access the Website.

You must not:

  •  Use the Website directly or indirectly for any activity that breaches any laws, infringes on a third party’s rights, is unlawful or breaches these General Terms and Conditions
  •  Use the Website directly or indirectly to unlawfully post or transmit any information or material that is obscene, indecent, contains offensive language, defames, abuses, harasses, stalks, threatens, menaces, offends, or restricts any person, or which prevents any other user from using or enjoying the Website
  •  Use the Website directly or indirectly, or use any service provided on the Website, to conduct surveys, contests, pyramid schemes, or send chain letters, junk email or any other duplicative or unsolicited messages (for commercial use or otherwise)
  •  Attempt to gain unauthorised access to the Website or use another person’s name or registration account and/or password
  •  Ceate a false identity for the purpose of misleading others about the identity of the sender or about the origin of a message
  •  Tamper with, hinder the operation of or make unauthorised modifications to the Website
  •  Knowingly transmit any virus or any other disabling feature to the Website
  •  Advertise or offer to sell or buy any goods or services on the Website
  •  Collect information about others, including email addresses, without their consent.

The Website may contain links to external websites. These websites are not part of the Website and, unless otherwise indicated, are not under The Kapaas Warehouse‟s control. The Kapaas Warehouse has no responsibility for the contents of any linked websites. Access to these sites is at your own risk.

The Kapaas Warehouse may monitor, review, retain and/or disclose any information on the Website as necessary to satisfy any applicable law, regulation, legal process or governmental request.

4. Electronic communications

When you visit this Website, order any goods from this Website or send emails to The Kapaas Warehouse, you are communicating with us electronically. Visits to, orders from or emails sent to the Website are considered electronic communications.

Unless The Kapaas Warehouse is otherwise advised by you, the user, registering your contact details automatically gives your consent to being contacted directly by us by phone or email (or by other electronic messaging means) in accordance with our Privacy Policy https://www.The Kapaas Warehouseindia.com/privacy- policy.

Please be aware that your information (including your contact information) is required to enable us to complete your purchase of The Kapaas Warehouse goods. By registering with The Kapaas Warehouse, or by placing an order using this Website, you are expressly consenting to such use of your data. Neither registration nor orders can be completed without this consent.

If you object, those parts of the Website that do not require registration will be available for your use. If you decide to register at a later date, you may view and modify your data anytime by selecting Profile from the website menu. Please see our Privacy Policy https://www.The Kapaas Warehouseindia.com/privacy-policy for further information about our privacy practices.

5.Copyright and trademarks

Copyright in the Website and the contents included on the Website belong to The Kapaas Warehouse or its licensors.

You are provided access to the Website only for your personal use and to purchase goods offered for sale on the Website. Without the permission of The Kapaas Warehouse, and subject to applicable laws, you must not: store, distribute, perform, communicate to the public, adapt or create derivative works from any part of the Website; or

Commercialise any information or services obtained from the Website.

The trademarks used on the Website (if any) are the trademarks of The Kapaas Warehouse or of a third party.

Nothing on the Website should be construed as granting any license to use any trademark without the permission of the owner.

You must not use any The Kapaas Warehouse trademarks:  as, or as part of, your trademark;  in connection with goods or services that do not belong to The Kapaas Warehouse;  in a manner that may be confusing, misleading or deceptive; or  in a manner that disparages The Kapaas Warehouse, its goods, services or its Website.

6. Disclaimer and limitation of liability

To the extent permitted by law, all implied warranties and conditions, representations about the Website, your accessibility to and use of the Website and any goods available for purchase from the Website are excluded from these General Terms and Conditions. Where you consider that an item purchased through this Website does not meet your expectations, in addition to any rights you have under applicable law, you may also exercise your rights under The Kapaas Warehouse’s return policy, which is provided in section 10.6 below.

The Kapaas Warehouse will provide all content and other services on the Website in good faith and will use reasonable endeavours to ensure that the information on the Website is accurate and current at the date of publication. However, to the extent permitted by law, The Kapaas Warehouse is not liable for any inaccuracies, errors or omissions in the content on the Website.

Where the statutory protections under Indian consumer protection law apply to the supply of goods or services by The Kapaas Warehouse, then to the extent permitted by law, The Kapaas Warehouse‟s liability for breach of such statutory protections is limited to, at its discretion,: in the case of services, the supply of the relevant services again or the payment of the cost of having the services supplied again; and  in the case of goods, the repair or replacement of the goods or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or acquiring equivalent goods, provided that if repair or replacement is impossible or disproportionate with other remedies, or The Kapaas Warehouse is unable to repair or replace the goods within a reasonable time without significant inconvenience to you, The Kapaas Warehouse shall reduce the purchase price by an appropriate amount or refund the purchase price (which may be reduced to take into account the use that you have had of the goods).

To the extent permitted by law and, except as provided for by these General Terms and Conditions, The Kapaas Warehouse (and its officers, employees, agents or related corporate bodies) will not be liable for any losses, damage, costs or expenses suffered by you or claims made against you in connection with:  your use of the Website; any lack of availability, interruptions, delays in operation, viruses, internet access difficulties or equipment malfunctions in relation to the Website; any failure to provide the Website; any goods supplied, offered or advertised on the Website; or your purchase of any goods or services offered by The Kapaas Warehouse for sale on this Website, except for any loss, damage, cost or expense which is due to the negligence or wilful misconduct of The Kapaas Warehouse, or a breach of applicable statutory consumer protection laws by The Kapaas Warehouse, or which otherwise cannot be excluded by law.

7. Indemnity

To the extent permitted by law, you hold The Kapaas Warehouse and its affiliates, employees, agents, representatives and its third party service providers harmless from any and all claims made against and liabilities of The Kapaas Warehouse that arise from a breach of these General Terms and Conditions by you.

8. Termination

The Kapaas Warehouse may suspend, terminate or limit your access to the Website, effective immediately, if, in its reasonable opinion, these General Terms and Conditions have been breached by you.

The Kapaas Warehouse may, at any time, suspend, limit or terminate any service provided on the Website or all access and use of the Website.

9. Cookies

Cookies are a standard for storing small pieces of data on your computer. Any web server (including this one) may store one or more cookies in your browser or request your browser to transmit the data to the web server.

The Kapaas Warehouse may use cookies to control the display of advertisements, to track usage patterns on the site, to deliver editorial content, to record registration, and to personalise information. For example, if you register on any part of the Website, you can opt to save your user name and password on your computer. The Kapaas Warehouse can provide this function by placing a cookie on your computer. Its cookies may contain personal information and may be shared with related corporate bodies. If you don’t want cookies, your web browser likely includes an option that allows you to disable them. However, if you set your browser to refuse cookies, some portions of the Website may not function properly. While your individual information is protected as outlined in these Terms and Conditions and our Privacy Policy and Statement, The Kapaas Warehouse reserves the right to use aggregated, anonymous data about its users as a group for any business purposes

10. Your purchase agreement

This section applies to any order made through the Website (either through a direct order or through the establishment of an account).

10.1 The purchase agreement

Any orders made through the Website (either through a direct order or through the establishment of an account) constitute a The Kapaas Warehouseng agreement to conclude a purchase agreement with The Kapaas Warehouse. A The Kapaas Warehouseng purchase agreement only comes into existence when The Kapaas Warehouse accepts your order by dispatching the goods ordered by you to an in-house and/or an affiliate delivery service agency. The Kapaas Warehouse will notify you when goods are dispatched by sending you an email and/or an alternative communication as feasible to The Kapaas Warehouse. The General Terms and Conditions apply to, and are incorporated into, any purchase agreement for goods purchased on the Website. You will be charged the prices and fees displayed on the Website at the time that your order is submitted. The price of an item cannot be confirmed until an order is submitted. Your credit card will not be charged and your Unified Payment Interface (UPI) payment will not be processed until after The Kapaas Warehouse accepts your order, as explained in Section 10.4 below.

Click & Reserve

 We may give you the option of checking the availability of certain Products and reserving products in specified The Kapaas Warehouse Stores through the Websites (“Click & Reserve”). If the Product is available, it will be reserved for you for two (2) business days from notification to you. You can purchase the product in the applicable The Kapaas Warehouse Store. Prices in the The Kapaas Warehouse Stores may vary from the  Prices displayed on the Websites.

Pre-Order

We may invite you from time to time to pre-order selected Products online before they are available from The Kapaas Warehouse stores or websites (“Pre-Order Products”).

You agree that if you order a Pre-Order Product, you will be charged in case of use of a credit card after your item has shipped, in case of use of any other payment method you will be charged shortly after you place your order and before your item is dispatched. Kindly note that irrespective of the means of payment, in case you pre-order more than one type of product, you will be charged shortly after you place your order and before your item is dispatched.

Notwithstanding the foregoing, your payment method may reflect the deduction of the purchase price immediately upon placing the order. Please note your order is not confirmed until payment has been taken. Pre-Order Products will be shipped within the period as stated on the product page (in most instances this will be at latest between 6-8 weeks from the date the order is placed). Please note that the following delivery options offered on the Website shall not apply to orders of Pre-Order Products: Click & Reserve. Pre-orders can be cancelled before Pre-Order Products are shipped.

10.2 Reservation of performance in case of goods being unavailable

The Kapaas Warehouse does not warrant and cannot guarantee that goods ordered will be available at all times. Also, if the goods ordered are no longer able to be supplied to you within thirty days of your order being accepted, The Kapaas Warehouse can withdraw from, and terminate, any purchase agreement entered into with you for those goods. If The Kapaas Warehouse withdraws from and terminates a purchase agreement, then The Kapaas Warehouse will immediately inform you by email or any other communication mode and will immediately refund any fees or charges already paid by you for the goods.

The Kapaas Warehouse reserves the right to limit the number of products (or the number of a particular SKU) that may be sold to a customer.

The Kapaas Warehouse reserves the right to reject orders from customers if there is reasonable belief that customer is in violation of these Terms and Conditions, or if customer is engaging in fraudulent or other criminal activities.

10.3 Price and additional costs

The total amount for any goods ordered must be made as a single payment. The total amount of your order, including all taxes and costs such as packaging and delivery, will be displayed during the checkout process when you submit your order.

10.4 Terms of payment

The purchase price for all goods ordered is due and payable when The Kapaas Warehouse notifies you that your order has been accepted. Payment may only be made by credit card, or UPI. The Kapaas Warehouse will only process the transaction once you have been notified of your accepted order.

You may not make any set-off claims against our claim for payment unless the amount set-off is not disputed by The Kapaas Warehouse or has been the subject of a final and The Kapaas Warehouseng judgment against the company.

An invoice will also be sent with your package.

Under this agreement, the payment processing services for goods and/or services purchased on this website are provided by     with its place of business at India, on behalf of or, depending on the type of payment method used for the purchase of the goods and/or services, another payment processing service.

Name and Tax

business____________________________________________,

Details of payment processing

_________________Registered place of  The Kapaas Warehouse LLP

  

10.4 Security of payment methods

Your payment is handled by „Name of Payment Process handler‟ with secure encryption and under strict banking standards. For more information on the security standards that holds, please refer to https://www. .com/platform/certifications. There may be extra charge for card payments.

10.5 Delivery and reservation of title

Orders will be delivered to the delivery address stated in your order. Deliveries are made by the delivery service appointed by The Kapaas Warehouse. You will be advised of the contact details of the delivery service when your order is accepted.

The Kapaas Warehouse makes reasonable efforts to ensure that orders are delivered within the estimated time frame specified on this Website or such other timeframe as notified to you when your order is accepted. However, The Kapaas Warehouse makes no guarantees in relation to estimated delivery times.

You agree that the products ordered and sent to you remain The Kapaas Warehouse’s property until full payment has been received by The Kapaas Warehouse. The Kapaas Warehouse requires full payment prior to the dispatch of the purchased goods to the delivery service.

All goods purchased from this Website are delivered pursuant to a contract with The Kapaas Warehouse‟s delivery service. This means that the risk of loss and title for the goods passes to you upon the delivery of the goods by The Kapaas Warehouse to the delivery service. The Kapaas Warehouse is not responsible for the risk of loss of goods during their delivery to you by the delivery service, unless otherwise advised.

10.6 Right to cancel the purchase agreement

Your rights specified in this section 10.6 are in addition to your rights as a consumer under applicable law.

  • Payment Process handler
  • Name of Payment Process
  • Name of handler

 Items purchased from the Website (with the exception of gift cards) may be returned within 15 days after the date of their receipt by you. To take advantage of this return policy you must be either:

 return the items in their original condition by mailing them back to The Kapaas Warehouse within 15 days of the date of their receipt by you; or notify The Kapaas Warehouse by email thekapaaswarehouse@gmail.com (within 15 days of the date goods are received by you of your intent to return your item(s). In this case, items must be sent promptly and in their original condition to:

The Kapaas Warehouse LLP

[Address]

ATTN: ONLINE RETURN TEAM

Within 14 days of notifying The Kapaas Warehouse of your intent to return items.

If you choose to take advantage of this return policy, The Kapaas Warehouse will refund the cost of your order once the items have been received.

You may also return goods in accordance with any rights you may have as a consumer under applicable law.

You can obtain further information and assistance with respect to the return of goods by choosing Customer Service from the website menu.

If you decide to return only part of an order that has been purchased with a discount/offer applied, the amount refunded will be subject to the minimum purchase amount placed on the offer, the value of the discount will be adjusted accordingly, and only the amount relevant to the returned item will be refunded. If the items returned bring the remaining total below the minimum purchase level of the offer, then the discounted amount will be deducted from the refund amount. For example, a 10% discount (with a minimum purchase amount of INR 5,000) will be deducted from the refund amount if the returned product(s) brings the total order value below INR 5,000. In case of a promotion with staggered prices, always the lowest amount will be refunded.

 For items which come in a single box (“normal set”), if you wish to return any of the items within the normal set, you will have to return all the items that were part of the normal set. The Kapaas Warehouse will not accept returns of individual items within the normal set and will only accept returns of the entire normal set.

For bundle-promotional sets, where you enjoy a promotion or discount as a result of purchasing one or more items (e.g. buy 3 items and get 10% off each item or where savings for each product are stated), you can return any of the items purchased separately. However, in case you choose to return any items purchased as a bundled set, kindly note that The Kapaas Warehouse will adjust the promotional price by charging you the regular price for the remaining items that you purchased as part of the bundle. Accordingly, The Kapaas Warehouse will deduct from the amount to be refunded to you (i.e. the discounted price paid for the item(s) in the bundle that you have returned) the difference between the regular price and the discounted price of the remaining items in the bundle that you do not return.

10.7 Grievance Redressal Mechanism

In case of you have any grievance or concerns regarding the products purchased on the Website, you may contact our customer care service at Monday to Friday from . Our customer care service will not be available on Saturday, Sunday and public holidays. You may also contact our grievance officer ____[Name of Grievance officer]_________ at [email id]. The Nodal Officer details are as follows: Name and email id.

10.8 Liability in relation to goods

Please note that for all the accepted returns as per company policy, a refund in terms of credit balance in your The Kapaas Warehouse Account will be given which can be used on the website for purchasing another goods and no cash refund will be processed in any case.

10.30 -14.00 and 15.00- 18.00

[email id of customer care] or +91-__________,

The Kapaas Warehouse‟s liability under each purchase agreement is limited in accordance with section 6 of these General Terms and Conditions entitled “Disclaimer and limitation of liability”, which also applies to any purchases of goods offered on the Website. Please refer to this section.

10.9 Prohibition of assignment

You may only assign, or transfer your rights under any purchase agreements to a third party with The Kapaas Warehouse LLP‟s prior written consent.

10.10 Applicable law

Any purchase agreement shall be governed by the laws of the India and all parties irrevocably submit to the exclusive jurisdiction of the courts of Ahmedabad, India.