Terms of service
Kotharisons.com (our "Website", or "Site") is owned by Kothari sons ("we", "us," and "our"). The following Terms and Conditions ("Terms") apply to all visitors or users ("you", "you're", or "yours") of our Website and of our web pages (collectively, our "services"). By using our Website, you agree to be bound by these Terms.
We reserve the right to modify the Terms at any time. Changes and clarifications will take effect immediately upon their posting on the Website. If you do not agree to any of these changes, you must discontinue using the Website.
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions, all its applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
Kothari sons is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Kothari sons. These terms and conditions are governed by and construed in accordance with the laws of India. Kothari sons agrees to submit to the exclusive jurisdiction of the courts at Gwalior, MP, India.
INTELLECTUAL PROPERTY RIGHTS
A. The Website and all of its content, including but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio are the intellectual property of Kothari sons.
B. All content is provided by Kothari sons as a service to its current and prospective customers and may be used for personal use and for purchasing purposes.
C. You are authorised to print a copy of any information contained on this Website for personal use unless such printing is expressly prohibited. Without limiting the foregoing, you may not, without our written permission, sell information obtained from this Website.
D. You may not copy, alter, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, or otherwise exploit this Site or any of its content without our prior written permission.
E. You may not use this Website, or any of its content, for any commercial purposes, including any advertising or advertising revenue generation activity on your own Website.
F. Any unauthorised copying, alteration, distribution, transmission, performance, display, or other use of these materials is prohibited.
Reproduction or misuse of any trademarks and logos on the Website is strictly prohibited.
Kothari sons retains all rights regarding the Trademarks, trade names and brand name. These marks, names and all associated logos or images, are registered and/or common-law trademarks protected by local and international laws and treaties. No license to the use of such marks or names is granted to you under these Terms.
ACCEPTABLE USE OF THE WEBSITE
You agree that:
A. You will not misuse our Services (e.g., you will not use our Website in any way which is unlawful, illegal, fraudulent or harmful).
B. You will not make any speculative or fraudulent orders.
C. You will not conduct systematic or automated data collection activities (including without limitation scraping, data mining, and data harvesting).
D. You will not alter another website so as to falsely imply that it is affiliated or associated with Kothari sons. You may only use the Website to make legitimate orders and inquiries.
E. You are responsible for all use of your account (under any user name or password) and for ensuring that all use of your account complies fully with the provisions of these Terms.
TERMINATION OF ACCESS
We may terminate access to this Website at any time without notice. Our disclaimer will nevertheless survive any such termination.
TERMINATION OF SERVICES
Kothari sons may terminate the Services or any portion thereof, or any products or services offered through the Website.
TERMS OF SALE
By placing an order for any goods on our website you are subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are estimates only. Kothari sons will not be responsible for any delays resulting from postal delays or force majeure.
When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
The cost of the products may fluctuate with seasons. All prices advertised are subject to such changes.
The E-Gift Card credit is redeemable only towards the purchase of our products either on www.kotharisons.com or at our stores. It cannot be used for partial payments on both the platforms.
a) Our Contract
A contract between us for the purchase of the goods will not be formed until your payment has been approved and our billing agent has debited your credit or debit card.
- Please note that items in your shopping cart are not reserved and may be purchased by other customers. After you place your order, you will be sent an email to confirm that your credit/debit card has been charged.
- Your card account is debited at the same time you submit your order on our Website. If your order has not been approved, you will be notified immediately via our Website. In the rare instance that your order is approved but any of the items you have ordered are not available, we will contact you immediately by email to arrange for a full refund or a product exchange, if preferred.
- Unless you cancel your order, acceptance of your order and completion of the contract between you and Kothari sons will be completed when we e-mail you to confirm that your order is in process
- The Website and communication are always conducted in English; therefore, the final sale contract will also be in English.
We reserve the right to not accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards.
b) Pricing and Availability
i. Purchase Price
You agree to pay the Purchase Price of the Goods as posted on this website attached hereto.
ii. Price Disclaimer
While Kothari sons makes every effort to ensure that the products are described and priced accurately, in the event that an item is deemed to be priced incorrectly, Ekaya reserves the right to refuse the sale of that item. Please note customers ordering outside of India will be charged estimated custom fees. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
The issuer of your credit or debit card may charge currency conversion or other fees in relation to your order. You should check with the issuer of your credit or debit card for details of any such fees.
iii. Colour Disclaimer
The colours of products you see on the computer screen will vary slightly from those of the actual product. This is because of the difference in underlying technologies of computer monitors and fabric; monitors that are not properly calibrated also add to the difference in colours. In addition, the lighting used while taking photographs also factor in the final colour shown on the screen.
The total amount of the Purchase Price shall be payable in full by you according to the payment due date stated at Checkout. In addition, we shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from you for our costs of collection, including attorney fees, legal fees and costs and disbursements, if any.
RETURNS & CANCELLATIONS
(i) Returning goods if they are faulty
In case there is a fault with the goods you have received, please contact us or write to us at email@example.com
Your purchase is eligible for return or exchange only if it meets the following conditions: · The product delivered to you is incorrect i.e., it does not match the item(s) in the confirmed order
- The product received has genuine quality defects and the failure does not amount to a major failure. Please note that in handwoven products you may find slight irregularities from one product to another. We would also like to mention that the colors of the products can be a little different due to photographic lighting sources or your monitor/ phone screen settings.
If your order meets the criteria mentioned above, please contact our customer care team with the following information
- Order Details
- Reason for return, in case of defective or incorrect product, please share the product images with us.
Our team will corroborate your return request and get back to you for the requisite action. Please ensure that the product you return is unused, unworn and the original tags are intact.
(ii) Returning goods if you change your mind or need a different size
In addition to your rights concerning faulty goods, you can exchange or receive a credit note for any goods within 7 days of receipt or exchange it for a different size or colour. If you want a refund, we will refund the monetary value of the goods returned to us, at the price you purchased them in the form of store credits that you can redeem for your future purchase.
If you change your mind about the goods (including the size or colors), the goods returned must be in their original condition, which includes any packaging. All goods will be inspected on return and must meet our exchange/return criteria to be eligible for the same.
(iii) Return Policy
This section applies to the return of all goods, regardless of whether they are faulty, you change your mind or need a different size.
- You must request an exchange or return within 7 days of receiving the item. - The item/s must be in original condition, with the original packaging, and with all tags still attached.
- Item/s must not have been worn, washed, or altered in any way.
- Please take care when trying on garments, as we cannot accept garments that have makeup stains or garments that smell of perfume.
- Returns that do not meet our policy will not be accepted and will be sent back to the customer.
- The item/s must be returned to us before the exchange/refund (in form of a credit note) is made.
- Once the items have been received, you will either receive your new item (for exchanges), or a full refund (excluding original shipping cost) in the form of a credit note.
Kothari sons will be taking the responsibility for the costs of returning the goods. Once you communicate your desire for a return/exchange we will be emailing you the return notes and labels.
Our delivery representatives from your country will come to pick up the goods along with the papers we will send via email once a return request is made; we insist you keep the items properly packed for the pickup. In the rare instance that we’re unable to send a representative to your assigned address, you may have to drop the package at a local post office.
Credit Note In case of return of an order
- Following a quality check, we will offer you a store credit, as applicable in your case. This will be processed within 5-7 business days after receiving the products as per Kothari sons Terms and Conditions
- If your purchase is eligible for a return or exchange as per the conditions mentioned, the credit note or refund (only in case of manufacturing defect) will also include the proportionate shipping cost only in case of Manufacturing defect
- Credit notes have a lifetime validity and can be redeemed online as well as offline.
- Cancellations by us
At Kothari sons, we will do our best to ensure your order is fulfilled. However, we reserve the right to cancel the order if we do not have sufficient stock.
In the event of cancellation, we will contact you by e-mail after receiving the order. If we cannot fulfill the order, we will re-credit the amount to the source immediately. Kothari sons will re-credit your account for the value of the goods and shipment only. Kothari sons does not reimburse any bank charges you may have incurred in the transaction. Please note card refunds may take up to 10 business days for your bank to complete, depending on their processing time. This can vary greatly between card issuers, and unfortunately, we are unable to influence this.
- Cancellations by you
In case of requests for cancellation of orders, we reserve the right to accept or reject order cancellation requests for any reason. Order cancellations received within 24 hours of payment being processed in case of prepaid orders or within 24 hours of confirmation from us for COD (cash on delivery orders) we shall cancel the order and refund the entire amount. Once the order is cancelled as per the terms and conditions the total amount will be reversed back to you within 5-7 business days. Please also note the refund will not be possible if the order has been customised to your size.
Orders not eligible for Cancellation:
No order can be cancelled once the same has been processed from our end or the cancellation request is received after the order has been processed. Any order that is custom made or altered as per the measurements given by you is not eligible for cancellation if already processed. We hold the right to determine whether the order has been processed or not.
Products not eligible for returns/exchange
- All custom made and made to order products.
- Products that have been altered as per the size specifications /measurements provided by you
- Products that were identified/marked as non-returnable or non-exchangeable at the time of purchase.
- Fabrics once cut from the thaan, cannot be returned or exchanged.
- Our Gift Cards once issued are valid for a lifetime, till redeemed. · Gift Cards can be redeemed against all products on Kotharisons.com and offline stores in Gwalior, MP, India
- Gift Cards cannot be returned or refunded, and are non-transferable. They cannot be redeemed for cash in part or whole or converted into credit notes. · They cannot be used to purchase a Gift Card.
- In case of the order amount exceeding the gift card value, the balance amount must be settled during check out.
- Kothari sons return and exchange policy will be applicable in case you wish to return the products purchased using a Gift Card.
- Kothari sons is not accountable in case your gift card is stolen, lost or used without your authorization.
You have the right to expect that:
- Any products you order through the Website will be of satisfactory quality, fit for their intended purpose, and will conform to the description given on this Site
- Certain remedies will be followed if a product is agreed to be defective
- You have the choice of a full refund or a credit if a defective product cannot be repaired or replaced
We would love to hear from you. If you have questions, comments or suggestions, please send us an e-mail at firstname.lastname@example.org