TERMS & CONDITIONS
TERMS & CONDITIONS
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable. This electronic record is generated by a computer system and does not require any physical or digital signatures.
These Terms and Conditions (“Terms”) contain the terms governing your use of the websites owned by Cloth Trails India and its subsidiaries, associated companies and its brands including, but not limited to Coco Oosh!(Collectively and interchangeably referred to as Coco Oosh! or Oosh Clothing or by the name of their subsidiaries associate companies, brands, Coco Oosh!, Ooshclothing, “we”, “us” and “our”, including Ooshclothing.com (Collectively, the “site”))
The website is owned and controlled by Cloth Trails India, a Sole Proprietorship with its office at Flat 4D, Block 3 (Emerald Block), Ramaniyam “Dwaraka” AH-268, 8th Main Road, Anna Nagar, Chennai – 600 040, India. Cloth Trails India is currently a Sole Proprietorship and may be converted to any other entity form,including Private Limited Company, infuture. We may also have many brands listed on our website “ooshclothing.com”. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. It is your responsibility to review these Terms periodically for updates/changes.
All the material on the website, including but not limited to the design, layout, look, appearance, artwork, graphics, images, music, text, software are owned by or licensed to us. Reproduction of any of these, or of any of the Code and Scripts used for implementation of the site is prohibited and any unauthorised use of the Content or Code of the website may result in claim for damages and legal course of action.
Your use of any content on this website is entirely at your own risk, for which we shall not be held liable. You acknowledge that such content may contain inaccuracies or errors, for which we expressly exclude liability to the fullest extent permitted by applicable law. It shall be your own responsibility to ensure any of the products made available on this website meet your specific requirement.
WE shall not be liable to you or any third party for any direct, indirect, special, consequential, punitive damages allegedly sustained, arising out of access to or inability to access this website.
By using this website, you agree to allow third parties to process your IP address, in order to determine your location. Any information provided by you to us, either on the website, as mail or any other form, such as feedback, questions, comments, likes, suggestions, shall not be deemed confidential and shall be freely used, disclosed or distributed to others without any limitation.
Usage of this website and any dispute arising out of such use of the website is subject to the laws of India.
- CHANGES TO THE AGREEMENTS
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. It is your responsibility to review these Terms periodically for updates/changes. Your continued use of the website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to access and use the services.
In the event a special feature with its own terms and conditions is offered, the same shall apply in addition to these terms. In case of a conflict of the terms and conditions of such special feature with these terms, the terms specific to the special feature shall prevail.
- IN THESE TERMS, UNLESS THE CONTEXT OTHERWISE REQUIRES, REFERENCES TO:
- “Buyer”, shall mean a User who has agreed to become a buyer by using the Services to place an order for Products;
- “Products” shall mean products listed on the website [by Sellers] as part of the Services, for purchase by Buyers;
- “Seller” “We”, “we”, “Us”, “us” or “Coco Oosh!”, shall mean Cloth Trails India, its subsidiaries, associatesand partners for the listing of products on the website, to be offered for sale or made available for purchase or for delivery, as part of the services to the prospective Buyers and the terms “Our” and “our” shall be construed accordingly; and
- “Transaction price” shall mean the value of products that customer has purchased, which includes Goods and Services Tax to the products as per rules made in Goods and Services Tax Act. Shipping charges will be separate and applicable as per order value at the time of checkout.
- THE SERVICES:
The website is only a medium that provides access to a technology platform, managed by Cloth Trails India, which enables Users to view the Products listed by us and offering for sale of various Products, and for the purchase of Products by the Buyers. The products purchased by the buyer has to be added into the cart and the total cart value can be taken into the consideration as transaction price and shipping charges will be applicable as per buyer’s order quantity and shipping distance.
Cloth Trails India shall provide logistics services wherein our delivery partners shall deliver to the Buyers, the Products ordered through the App or Website by the Buyers.
Disclaimer: In the event the pricing on any Product is reflected incorrectly on the website due to some technical issue, typographical error or the Product information published on the website is incorrectly displayed or provided by the Seller, the Seller may cancel your order.
WE do not store your credit card details on our server and all credit card transactions are processed through secured payment gateway.
You may request details of the personal information which we have about you under the Data Protection Act 1998, by writing to us.
- RETURNS & EXCHANGES
Every piece of our product is made out of utmost love & care for our Buyers. However, in the event of you not satisfied with our product or want to try a different size in clothes, kindly write to us within 7 days of receiving the product. Please write to us at [email protected] with the subject “Returns” and details of the product purchased and the reasons for return in your mail. WE shall be happy to assist you choose an alternate product available to suit your requirements. WE shall send your selection as soon as we receive the returned items in good condition, kindly make your alternate purchase within 21 days of sending your Returns mail.
- NO COMPENSATION
If the quality of any Products, information, or other material purchased or obtained by you through the App or Website did not meet the Product specifications displayed on the App or Website, no compensation will be given other than the return and refund or exchange of the Product as per these Terms. The Buyer cannot request compensation fromusfor 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, including any reactions to skin or other body parts, 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 Buyer tried to purchase, etc. Unreasonable and unlawful requests for compensation, over and above the entitled refund, will be treated as loss to business cases. Cloth Trails India holds the rights to cancel orders and block accounts of such customers without any prior notice.
- USER WARRANTY AND REPRESENTATION
You guarantee, warrant, and certify that you are the owner of the content which you submit or otherwise authorize us to use and that the content does not infringe upon the intellectual property rights or other rights of third parties. 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 through the App or Website.
- EXACTNESS NOT GUARANTEED
We do not warrant that any Product or other Content made available through the App or Website is accurate, complete, reliable, current, or error-free and assume no liability in this regard. Cloth Trails India hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the User through the App or Website.
- INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party duly licensed to us, the Services contain content to which Cloth Trails India(including its subsidiaries, associates, brands collectively and interchangeably) owns all intellectual property rights, 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 (“Coco Oosh! Content”). You acknowledge and agree that you shall not use, copy, imitate, reproduce or distribute any of our Content without obtaining authorization from Cloth Trails India.
Some of the Services are supported by advertising revenues and may display advertisements and promotions, and you hereby agree that Cloth Trails India may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored contents, or commercial communications as such.
While availing any of the payment method/s available through the App or Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
- Lack of authorization for any transaction(s), or
- Exceeding the preset limit mutually agreed by You and your”Bank(s)”, or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason(s).
- All payments made against the purchases on App or Website by You shall be compulsorily in Indian Rupees acceptable in the Republic of India. App or Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on App or Website.
- Before shipping/delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our Users.
- You understand, accept and agree that the Payment Facility provided by Cloth Trails India is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through cash on delivery, collection and remittance facility for the transactions through the App using the existing authorized banking infrastructure payment gateway networks. Further, by providing the Payment Facility, Cloth Trails India, its subsidiaries,associates and partners are neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
- PAYMENT FACILITY FOR BUYERS
- You, as a Buyer, understand that upon initiating a transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the Product(s) from the Seller using the Payment Facility, and You shall pay the transaction price through Your issuing bank to the Seller using the Payment Facility.
- You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by the Payment Facility on any extension / increase in the dispatch and/or delivery time and the transaction shall stand amended to such extent. Any such extension / increase of dispatch / delivery time or subsequent novation/variation of the transaction should be in compliance with the Payment Facility Rules and Policies.
- You, as a Buyer, shall electronically notify the payment system operation using the appropriate App features immediately upon delivery or non-delivery of any Product within 3 days of the scheduled delivery date. Non-notification by You of delivery or non-delivery within the time period specified in the Policies shall be construed as a deemed delivery in respect of that transaction. In case of cash on delivery transactions, the Buyer is not required to confirm the receipt of Products.
- You, as a Buyer, shall be entitled to claim a refund of the transaction price (as Your sole and exclusive remedy) in case You do not receive the delivery within the time period agreed in the transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using the App features within the stipulated time, then this would make You ineligible for a refund.
- You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of Products and/or transactions as mentioned in the Policies and hence, You may not be entitled to a refund in respect of the transactions for those Product.
- For electronic transactions, refund, if any, shall be made at the same issuing bank from where transaction price was received and such refund shall be made through the Payment Facility using NEFT / RTGS or any other online banking/electronic funds transfer system approved by Reserve Bank India (RBI).
- For cash on delivery transactions, refunds, if any, will be made via demand draft in favour of the Buyer (as per the registration details provided by the Buyer).
- Refund shall be made in Indian Rupees only and shall be equivalent to the transaction price excluding shipping charges incurred for the said transaction.
- Refund shall be conditional and shall be with recourse available to Cloth Trails Indiain case of any misuse by Buyer.
- Refund shall be subject to Buyer complying with applicable Policies.
- Cloth Trails India reserves the right to impose limits on the number of transactions or the transaction price which it may receive from an individual’s valid credit/debit/cash card/valid bank account/and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process transactions exceeding such limit
- Cloth Trails India reserves the right to refuse to process transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Cloth Trails India or breach/violation of any law or any charges imposed by the respective issuing bank or breach of any policy.
- Cloth Trails India may do such checks as it deems fit before approving the receipt of/Buyer’s commitment to pay (for cash on delivery transactions) the transaction price from the Buyer for security or other reasons at the discretion of Cloth Trails India. As a result of such check, if Cloth Trails India is not satisfied with the creditability and credibility of the Buyer or the genuineness of the transaction/transaction price, it will have the right to reject the receipt of / Buyer’s commitment to pay the transaction price.
- Cloth Trails India may delay notifying the payment confirmation i.e. informing the Seller, if Cloth Trails India is not satisfied with the creditability of the Buyer or the credibility of the transaction/transaction price or for Buyers conducting high transaction volumes in order to ensure safety and security in relation to the transaction. In addition, Cloth Trails India may hold the transaction price and may not inform the Seller to initiate dispatch of the Product or may remit the transaction price to law enforcement officials (instead of refunding the same to the Buyer) at the request of law enforcement officials in the event the Buyer is engaged in any form of illegal activity.
- The Buyer and Seller acknowledge that Cloth Trails India will not be liable for any damages, interests or claims, etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price which are beyond control of Cloth Trails India.
- JURISDICTIONAL ISSUES
Unless otherwise specified, the material through the Services is presented solely for the purpose of sale/ ordering in India. Cloth Trails India makes no representation that materials made available through the Services are appropriate or available for use in jurisdictions other than India. Those who choose to access this site from locations other than in India, do mail us at [email protected] and we shall get in touch with you. Please mention ‘International Shipping’ in your email subject. Charges shall vary as per actual in case of international shipping.
- TRADEMARK COMPLAINT
Cloth Trails India respects the intellectual property of others. In case you feel that your trademark has been infringed, you can write to us at [email protected]thing.com.
- SHIPPING & DELIVERY
Cloth Trails India will make a maximum of three attempts to deliver a FULL SIZED product ordered by you. In case the Buyer is not reachable or does not accept delivery of the Product or the Sample in these attempts, Cloth Trails India reserves the right to cancel the order(s) at its discretion. 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, or
- 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. The Buyer can, however, choose to cancel the order at any moment of time before the delivery, if the delivery time exceeds the expected delivery time. If it is a prepaid order, the Buyer will be refunded back the relevant transaction price in the account as soon as the order is successfully cancelled.
The Buyer agrees that the title to a Product or Sample is transferred to the Buyer at the time of placing the order and dispatch confirmation thereof irrespective of shipping of the Product or Sample and cash on delivery, which are to be done in due course being separate chargeable facilities”
Once you have made payment for your purchases, we shall deliver the product to the given address within 10 working days. Shipping charges Rs 150/- for all places within India, we make it free for purchases above INR 4000/- per address.
If you want us to ship your items outside India, do mail us at [email protected] and we shall get in touch with you. Please mention ‘International Shipping’ in your email subject. Charges shall vary as per actual in case of international shipping.
- NON PERSONAL INFORMATION
WE collect non-personal information from you, such as your ISP, operating system, your browser type, your location, etc in order to collect market information, such as trend analysis, demographic study, etc.
- PROHIBITED USES
You agree not to use the App in any way that
- is unlawful, illegal or unauthorized;
- is defamatory of any other person;
- is obscene or offensive;
- promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringes any copyright, database right or trade mark of any other person;
- is likely to harass, upset, embarrass, alarm or annoy any other person;
- is likely to disrupt our service in any way; or
- advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Despite our best efforts, a small number of Products in our catalogue may be mispriced. However, we verify prices as part of our shipping procedures. If a Product’s correct price is lower than our stated price, we charge the lower amount and send you the Product along with a refund of the excess amount as per these Terms. If a Product’s correct price is higher than our stated price, we will cancel your order and notify you of that cancellation.
- PROFANITY POLICY
Cloth Trails India prohibits the use of language that is obscene, racist and hateful or otherwise disparaging in nature in any manner whatsoever.
- This policy is applicable for text within listings, on Seller pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, we allow Sellers, wherever applicable, to ‘blur’ out the bulk of the offending word with asterisks.
- If a feedback comment, or any communication made between Users through the App; or email communication between Users in relation to transactions conducted on the App contain profane language, please submit a request for action/removal.
- Disciplinary action may result in an indefinite suspension of a User’s account, a temporary suspension, or a formal warning.
- Cloth Trails India will consider the circumstances of an alleged policy violation and the User’s trading records before taking action.
- Violations of this policy may result in a range of actions, including, limits placed on account privileges, loss of special status and account suspension.
- DISPUTES ARISING OUT OF THIS AGREEMENT
Any controversy or claim arising out of or relating to this Agreement or Cloth Trails India services shall be settled by binding Arbitration in accordance with laws of India. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Any other dispute or disagreement of a legal nature will also be decided in accordance with the laws of India, and the Courts of Chennai shall have jurisdiction in all such cases.
- COMPLIANCE WITH LAWS
The Buyer and Seller shall comply with all applicable laws (including without limitation, the Foreign Exchange Management Act, 1999 and the rules and notifications made and issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, the Customs Act, the Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, the Prevention of Money Laundering Act, 2002 and the rules made there under, the Foreign Contribution Regulation Act, 1976 and the rules made there under, the Income Tax Act, 1961 and the rules made there under, the Goods and Services Tax Act, 2017 and the rules made there under, the payment and settlement systems act, 2007 and the rules made there under, the Export Import Policy of government of India applicable to them respectively for using Payment Facility and the Website.
- GOVERNING LAW
These Terms shall be governed by and constructed in accordance with the laws of India. Any disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Chennai.
It is the User’s responsibility to log-in earlier if they want to avail better Products or styles because placement of orders is “first come, first served”. The merchandise may not be restocked once sold out. No information regarding the presence of any Product or Sample in our stock will be guaranteed and we will alert you only when an item is sold out.
We, as a Website provider, shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, or on account of the cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
- Keeping track of your specified preferences. This allows us to honor your preferences, such as whether or not you would like to see interest-based ads. You may set your preferences through your Account.
- Keeping track of items stored in your shopping basket.
- Conducting research and diagnostics to improve Coco Oosh’s and other brand content, products, and services.
- Preventing fraudulent activity.
- Improving security.
- Delivering content, including ads, relevant to your interests on oursites and third-party sites.
- This allows us to measure and analyze the performance of our services.
We maintain 128 bit Secure Socket Layer (SSL) technology to encrypt all of your private information when placing an order. Cloth Trails India takes security measures designed to protect against unauthorized access, alteration, disclosure, or destruction of your Personal information. These measures include internal reviews of Cloth Trails India practices and security measures, including a review of Cloth Trails India’s encryption and physical security measures to guard against unauthorized access to systems where Cloth Trails India stores Personal information. Due to the nature of the Internet and online communications, however, we cannot guarantee that any information transmitted online will remain absolutely secure or confidential, and we are not liable for the acts of third parties, such as hackers who circumvent our security and privacy measures. The security of your Personal information also depends on you. You are responsible for maintaining the confidentiality of your username, address, password, and other login credentials. Cloth Trails India recommends that you do not share that information with third parties. We also recommend that you be careful not to post any Personal information in public areas of the Website, such as the Blog, as that information may be viewed by other users or third parties that you do not know.