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Terms & Conditions

USAGE TERMS OF WEBSITE

The following are Terms and conditions for access and use of the Website operated by M/S Playclan  ("Playclan") located at http://www.theplayclan.com (also referred to as "the Web Site").  These Terms and Conditions (hereinafter referred to as “T&C” or “Usage Terms”) describes the terms and conditions applicable for accessing and availing the services available through this Website. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. Your use of this site is expressly dependent on your acceptance of the Usage Terms. These Usage Terms include our policy for acceptable use of the Site and content posted on the Website, your rights, obligations and restrictions as well as limitation of our liability regarding your use of the Website and the Website's Privacy Policy.

Playclan through this Website aims to provide information and an online ecommerce web site for the sale and purchase of original designer textile merchandise, mostly clothing and related accessories.  The Web Site, information, tools, features and functionality provided by Playclan are referred to together and separately as "the Service(s)."

By accessing this Site, you accept, without limitation or qualification, the Usage Terms. You are only authorized to use the Site and its services (i) if you are of a legal age and otherwise not incapacitated by any disqualification to form a binding contract (in case you are representing any organisation or business entity you should be duly authorised to bind such organisation or entity); (ii) agree to abide by all applicable laws and to these Usage Terms. If you are incapacitated in any manner or do NOT accept the Usage Terms, then please discontinue your use of the Site.

We may modify these Usage Terms from time to time and such modification shall be effective upon posting on the Site. You agree to be bound to any changes to these Usage Terms when you use the Site after any such modification is posted. It is important that you review these Terms and conditions regularly to ensure you are updated as to any changes made. These Terms and Conditions constitute the entire agreement regarding your use of the Site and the services it offers and supersedes any such prior terms.  In case Playclan provides any other services, it shall separately notify the applicable terms for such services.  In case of conflict between these Usage Terms and such other terms, the terms most applicable to the services provided shall prevail.

General Usage Terms

By accessing this Website and agreeing to the Usage Terms you get a limited, non-transferable license to use this site in accordance with the Usage Terms. You may only use this site to make legitimate purchases, and shall not use this site for any other purposes.

Without limiting any other provisions of this Agreement, you may not use this Site for any purpose that is unlawful or prohibited by applicable laws, this Agreement and/or any applicable additional terms. Your access to this Site may be terminated immediately in our sole discretion, with or without notice, if you fail to or comply with any provision of law, this agreement and/or additional terms, or if you act in a manner detrimental to the interest of Playclan or the Website, or for any other reason. You expressly agree not to:

- Use this Website or its contents for any other purpose not contemplated by this Agreement;

- Use this Website to make any fraudulent, false or unlawful transaction;

- Utilize any software, application, or algorithm, whether integrated in a browser or otherwise, that modifies or add content to the layout, design, or content of any the pages of the Website.

- Access, monitor or copy any content or information of this Website either on your own or by using any robot, spider, scraper or other automated means or any manual process for any purpose not contemplated by this Agreement  or without our express written permission;

- "Frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written permission for commercial purposes or otherwise

- Utilize any software, application, or algorithm, whether integrated in a browser or otherwise, that modifies or add content to the layout, design, or content of the Website.

-Use any device, software or routine to interfere or attempt to interfere with the proper working of this Website.

- Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane comment or material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

- Buy/Purchase any product for the purpose of further resale or retail any of our products in India.)

- Upload files that contain materials belonging to other persons or protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;

- 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

- Breach or violate any laws of India including without limitation to information technology laws, intellectual property rights, etc.

- Breach or violate any laws operating outside India which may be applicable to the persons using this website, from India or outside India. 

 

Of the Products:

Playclan, does not guarantee the exactness as to appearance, finishing, colour, quality etc. of the products as ordered by you, except as may have been specifically stated. The Products that are displayed on the website may differ in look and feel.  The Products that are customised to suit your requirements is to be done at your own risk and we do not claim that the same would be satisfactory to your requirements. Products once customised will not be accepted as returned, unless the same has been damaged due to the acts and ommissions attributable to us.

The user is requested and required to check the Products and completely satisfy itself before placing an order. Goods once sold will not be taken back except as per the return, cancellation and exchange policy mentioned herein.

Payments

Payments on Playclan can be made through Debit Cards, Credit Cards, Cash Cards, Net Banking and Cash On Delivery.

Card Payments and Net Banking

We accept Master, VISA, American Express, Diners and JCB cards.

We also accept Net Banking through banks.

Payments through credit cards are accepted through our secure online payment gateway partners.

In a credit card transaction, you must use a credit card that is preferably in the name of the person placing the order. However, this is not a precondition for placing orders with us. We will not be liable for any card fraud because of the card being used fraudulently. The liability to prevent use of a credit card fraudulently is on you and the onus to 'prove otherwise' exclusively rests on you in event of a probable fraud.

Playclan handles and stores all personal information received from you in accordance with the provisions of applicable law. Please refer to our Privacy Policy in this regard.

Cash on Delivery (COD)

COD is an option to pay at delivery for your product instead of, in advance.

The maximum single order limit for COD is Rs. 10,000/-. There is no limit on the number of orders you can place under COD. However, each dispatch under COD will be made after receiving payment of all preceding orders.

All orders placed via COD will be verified electronically or telephonically before the dispatch takes place.

The option of COD is not available for delivery outside India.

Playclan may refuse COD transaction at its discretion.

Delivery & Payments Terms

National

The selected Products would be sent to the addressee by a designated Courier, with whom we would be sharing your contact information.   Shipping time for each product is listed on the product page.  Once an order is placed, we hold the order for atleast 24 hours before the same is processed for shipping.

Once the goods are dispatched it takes the courier service 3-10 working days to deliver within India.  Delivery to a particular location may be refused in case the courier service does not service the region or the service is refused for whatsoever reason.

For all orders within India we charge a flat shipping rate of Rs. 100/-.  For orders above Rs. 7500/-- no shipping will be charged.

All products shipped by us are fully insured. All items shipped by us within India are inclusive of VAT/Octroi

The status of your order status can be tracked by accessing our website and logging on the shipping details.

The whole order amount including shipping charges will be refunded, if the order is cancelled within the time mentioned as per the cancellation policy, lost or undelivered to your preferred location.  Shipping charges will not be refunded if you cancel a part of the order.

International

We deliver all around the world, and offer different shipping options as applicable. 

Once the goods are dispatched it takes the service 7-20 working days to deliver outside India depending upon the location.

For orders outside India, international shipping charges as well as duties and taxes as applicable are payable by the customer.

Goods to international destinations are shipped to on a DDU (Delivery Duty Unpaid) basis, which means product prices displayed are exclusive of all taxes and duties. As the recipient, you are liable for all import duties, customs and local sales taxes levied by the country you are shipping to; payment of these is necessary to release your order from customs on arrival.

Cancellation, Return and Exchange

Cancellation

Cancellations can be made within 24 hours of placing an order.   The order may be cancelled by addressing an email to us or by calling and cancelling the order at the given customer care number. 

In the event an order is cancelled, which is accepted as cancelled then we will refund the money sent to us by you with in 15 working days.

Online Return Policy

Our return policy is clearly defined for each product on its page. Not all products are eligible for returns. Many items are “Final Sale.” Products that are not eligible for returns are clearly marked as “Final Sale” on the Product page for that Product. Please make sure to note if the product ordered is eligible for return at the time of purchasing it. Only products that are configured as ‘this product can be returned as per the return policy’ can be returned.

In case you receive a product with a manufacturing defect kindly get in touch with us immediately. We will request you to kindly email us the photographs of the defective product and appropriate action will be taken by our customer care team thereafter.

You may return any eligible product you have ordered within 7 days from receipt of delivery of merchandise. Eligible products for return will be indicated on the product page. If your item is returnable, please note: Items arriving after the 7 day return policy will not be accepted and will be returned to sender.

Please write to us by email ………………………… at or call us at the customer care number and state the reason of your return in the subject line of the email.  Our customer care team will authorise the return and issue you the courier details. 

 

Our store administrators on receiving the products may approve or reject your return request, regarding which you will be notified by email.  Our Customer Care team must receive and approve your return request. Once your request is received and approved, we will issue a return authorization number and a courier packing label for you to use.

IMPORTANT: Please note that any items returned without an authorization number will not be processed.  Returns of goods that are not in their original packaging will not be accepted and refused.  Please note that goods should be in original condition for them to be eligible for return. The product should be unused, unworn, unwashed and undamaged and all packaging, labels and tags must remain intact and be attached with the item. If these are not available the product will not be eligible for return.

Once the goods have been received by us and if the goods are as per our return policy we will then process your refund. Please note the refund takes about 15days to be processed and returned to your account

All returns are subject to the discretion of Playclan.

Exchange

At present, we do not have an exchange policy.

Site Content

The material on this Site is protected by copyright, trademark, designs and other applicable intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the Site, including but not limited to text, audio, video, code and software. During your visit, you are prohibited from downloading material displayed on the Site for any use whatsoever. We neither warrant nor represent that your use of materials displayed on the Site will not infringe rights of third parties not owned by us or affiliated with this Site.

The Site may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or others ("Comment(s)"). Comments do not reflect our views; and we do not have any obligation to monitor, edit, or review any Comments on the Site. We assume NO responsibility or liability arising from the content of any such Comments nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Comments on the Site. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

We will fully cooperate with any law enforcement authorities or court order requesting or directing the Website to disclose the identity of anyone posting any such information or materials.

Intellectual Property

The Website may provide links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites and resources, and do not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such site or resource.

Indemnity

You agree to indemnify and hold us, and our subsidiaries, affiliates, directors, officers, agents, vendors, employees or other partners harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of any material or information posted, provided, transmitted or otherwise made available by you on the Website or through the Website's services, or by your violation of these Terms and Conditions, or by your violation of the rights of another.

Injunctive Relief

You acknowledge that a violation or attempted violation of any of these Usage Terms will cause such damage to Playclan as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Playclan shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by Playclan in obtaining such an injunction, including, without limitation, reasonable attorney’s fees.

Disclaimers and Limitation of Liability

You understand and agree that the Site is provided "As-Is" and that we assume no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the Site. Nor do we assume any liability for the failure to store or maintain any user communications or personal settings.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH OR FROM ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

IN NO EVENT SHALL THE SITE OR ITS OWNER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE OR ITS SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If there is any dispute about or involving the Site or its Services, you agree that the dispute shall be governed by and construed and enforced in accordance with the laws as in force in India, from time to time, and shall be binding upon the parties to this Agreement.  Any dispute or claim arising out of, in relation to, or in connection with this Agreement, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by the Courts at Delhi, the jurisdiction of which shall remain exclusive to that of others.

WE AND OUR CORPORATE AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, LISTINGS, OFFERS, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, LISTINGS, OFFERS, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXCEPT AS PROVIDED HEREIN. WE AND OUR CORPORATE AFFILIATES DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM US, OUR CORPORATE AFFILIATES OR ADVERTISERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL WE OR OUR CORPORATE AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE OR OUR CORPORATE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY LAW, WE AND OUR CORPORATE AFFILIATES ACCEPT NO RESPONSIBILITIES FOR ANY DAMAGE AND/OR DELAY DUE TO EITHER PARTY CANCELLATIONS, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM OR CAUSES BEYOND OUR CONTROL. NO RESPONSIIBLITY IS ACCEPTED FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENTAL AUTHORITY. WE SHALL NOT BE RESPONSIBLE FOR ANY OWNER FAILURE TO COMPLY WITH THIS AGREEMENT NOR FOR ANY FAILURE TO COMPLY WITH APPLICABLE FEDERAL, STATE, LOCAL OR PROVINCIAL LAW.

Miscellaneous

The section titles and other headings in these Terms and Conditions are for convenience only and have no legal or contractual effect. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. If any provision of these Terms and Conditions is unlawful, void or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.

This Agreement contains the full and complete understanding between the parties and supersedes all prior arrangements and understandings whether written or oral.