THIS T&C TAKES CARE OF THE PRODUCT AND SERVICES PROVIDED THROUGH THIS SITE “ https://www.thenostalgicporch.com/ “ [ HEREAFTER TO BE REFERRED TO AS “ WE” “US” “OUR”] THIS T&C IS A DIGITAL RECORD IN ACCORDANCE WITH THE INFORMATION TECHNOLOGY ACT, 2000 ("IT ACT") AND THE RELEVANT RULES AS WELL AS THE PROVISIONS RELATING TO DIGITAL RECORDS IN VARIOUS LAWS AS AMENDED BY THE IT ACT. IT COMPLIES WITH THE APPLICABLE LAWS, INCLUDING THE CONSUMER PROTECTION (E-COMMERCE) RULES 2020 AND ANY AMENDMENTS THERETO, THAT MANDATE THE PUBLICATION OF RULES AND REGULATIONS, PRIVACY POLICY, AND TERMS AND CONDITIONS FOR ACCESSING OR USING THE WEBSITE. THIS DIGITAL RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

 

YOUR ACCESS, USE, OR BROWSING OF OUR WEBSITE WILL INDICATE YOUR ACCEPTANCE OF THESE T&Cs. WE STRONGLY RECOMMEND THAT YOU READ AND UNDERSTAND THE T&Cs BEFORE COMMENCING YOUR BROWSING EXPERIENCE ON THE WEBSITE OR ANY PURCHASE FROM OUR SITE.. IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS, PLEASE REFRAIN FROM USING THE WEBSITE. WE ACKNOWLEDGE THE SIGNIFICANCE OF SAFEGUARDING YOUR PERSONAL DATA AND HAVE DEVISED A PRIVACY POLICY ALONG WITH COOKIES POLICY TO ENSURE THE PROPER PROTECTION OF YOUR DATA. BESIDES THE TERMS AND CONDITIONS, THE PRIVACY POLICY AND COOKIES POLICY WILL ALSO GOVERN YOUR VISIT TO THE WEBSITE.

 

WE RESERVE THE RIGHT TO BLOCK ANY USER AND PERMANENTLY DISABLE USER ACCOUNTS IF WE, IN OUR SOLE DISCRETION, BELIEVE THAT THE ACTIONS OF SUCH USER HAVE RESULTED IN A BREACH OF OUR FAIR USAGE POLICY OR T&C.
 

REVISION & MODIFICATION:

We have the prerogative to modify these terms and conditions periodically, without any obligation to notify you. It is your obligation to keep yourself informed about the most recent updates. Any changes made to these Terms of Conditions will be effective immediately upon posting, and you agree to be bound by these updated terms and amendments.

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ELIGIBILITY CRITERIA:

If you are under 18 years old, you are forbidden from using, purchasing, or engaging in any contracts with this Website. Individuals who are deemed legally incompetent to enter into contracts according to the Indian Contract Act, 1872 are ineligible for the use or purchase through this Website. Those individuals who access this Website from a location outside the borders of India bear the responsibility of adhering to the laws of their specific locale, insofar as they are relevant.

 

PRODUCTS:

The Website offers various handmade products for sale. By placing an order for these products through our Website, you hereby agree to all the terms and conditions outlined in this T&C. You are not allowed to sell unless otherwise agreed upon. In the exercise of our authority, we retain the prerogative to either terminate or diminish the quantity of merchandise designated for your acquisition, should we, at our sole discretion, perceive a risk of our Terms and Conditions being breached. The company has the ability to modify, suspend, or terminate the availability of any products at any time, without giving notice or incurring any liability.

 

We make every effort to ensure that our product descriptions are as accurate as possible. Notwithstanding, in accordance with the limits allowed by the law that applies, we cannot ensure the accuracy, entirety, reliability, currency, or absence of errors in the depiction, shade, information, or any other content found on the Website.. The Website may potentially have typographical errors, inaccuracies, or may not be fully updated. Such discrepancies or exclusions may also apply to the pricing or availability of products. Please note that the pictures displayed are for reference purposes and may not perfectly match the actual product.

 

WEBSITE:

(a) Account Details: Upon signing up and creating an account using your Google or Facebook credentials by granting the necessary permissions. It is your responsibility to maintain all activities occurring in your account. Each account is non-transferable and may not be sold, traded, combined, or shared with any other individual.

 

If there is any unauthorized use of your account password or any other breach of security, please be sure to promptly notify us through our designated 'Contact us' details. By registering on our website, you consent to receiving marketing and promotional emails from us via email and other modes of communication.

 

To enhance your convenience, we may collaborate with third-party service providers, in which situation, certain personal details of yours will be shared with the mentioned third parties. The company shall not be held responsible for any content, damage, or loss that you may incur as a result of utilizing such third-party services. It is advisable to always review the terms and conditions and privacy policy of such third parties before agreeing to avail of their services.

 

(b) Use of Website: The company shall not be liable for any damages arising from the use of the website. You shall refrain from using the website for any illegal activities. You agree to (a) comply with all applicable laws, whether local, national, or international, including laws pertaining to Intellectual Property, (b) not interfere with or disrupt the peaceful usage of any other user, (c) refrain from reselling any material on the website,

 

(d) not engage in the transmission, directly or indirectly, of spam, chain letters, junk mails, or any other form of unsolicited communication, (e) not defame or harass other users of the website, (f) not engage in any act that is grossly harmful, harassing, blasphemous, defamatory, pornographic, paedophilic, libelous, invasive of others' privacy, racially or ethnically objectionable, propaganda, or otherwise unlawful in any manner whatsoever.
 

PROPRIETARY RIGHTS:

The Company possesses exclusive ownership rights and licenses for all its products and brands, which are protected by Indian laws governing intellectual property. The Company holds exclusive ownership rights and confidential knowledge in its Products. You are prohibited from copying, reproducing, modifying, duplicating, re-publishing, re-selling, or re-distributing any Product manufactured and/or distributed by the Company, whether in whole or in part, or in any other form. Furthermore, the Company has rights to all trademarks, trade dress, and specific layouts of this webpage, exclusive ownership rights and confidential knowledge in its Products. This includes an array of elements such as calls to action, text positioning, visuals, technology, content, software, and other materials that are showcased on the Website, encompassing its overall appearance and atmosphere. No trademark is granted in relation to the Products, or the materials present on the Website. Accessing the Website does not provide authorization for anyone to utilize any trademarks in any manner. The trademarks presented on the Website, whether registered or unregistered, are the intellectual property of the Company.

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LIMITED LICENCE:

We endeavors to exhibit the hues of products on the Site with utmost precision. Nevertheless, since the products are handmade the colours, shape , size and product details can vary, we are unable to assure the exact accuracy of our products.

 

We strive to provide the most precise depiction of the product on the Site. However, We do not guarantee the accuracy, completeness, reliability, currency, or flawlessness of the product description, color, information, or other content on the Site. The product visuals are simply indicators and may not exactly match the actual product. The product visuals serve as mere indicators and may not precisely correspond with the actual product.

 

We reserve the right to rectify, modify, or update information, errors, inaccuracies, or omissions at any given time, even after an order has been placed, without prior notification. Please take note that such errors, inaccuracies, or omissions may also extend to pricing and availability.

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SECURITY OF THE WEBSITE:

You are strictly forbidden from engaging in any unauthorized activities that compromise the security of the website. This includes, but is not limited to, accessing data that is not meant for your use or attempting to access the account of someone without proper authorization. In addition, any attempts to investigate, examine, or assess the vulnerability of the system or network, or to violate security authentication without proper authorization, are strictly prohibited. Additionally, any attempts to interfere with the service provided to other users, hosts, or networks, such as submitting a virus to the website, overloading it, spamming, or crashing it, are strictly prohibited as well. Moreover, sending unsolicited emails, including promotions and advertisements, is not allowed.

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PAYMENT AND PRICING:

• We currently accept credit/debit cards, net banking, and Cash on Delivery (COD) for orders above 999. UPI-enabled payment will be available soon.

• For orders within India, payment is accepted only in INR, inclusive of CGST/SGST/IGST, as applicable.

• Payments for international orders are accepted through the PayPal gateway, using either a PayPal account or international credit/debit cards.

• International credit cards used for domestic orders will be converted to INR; currency conversion charges may apply. Currency conversion rates apply as per prevailing exchange rates on the order placement day.

• Customers are responsible for any import duties or charges in the destination country. These are payable at the time of delivery and subject to change.

• Refunds for returned products in unused condition with original packaging, tags, and invoice will be initiated once the product is received.

• Refund mode depends on the payment method used:

  • Online mode: Refunded within 15-30 working days

  • COD: Refunded through cheque or online transfer (NEFT) based on customer's preference.

 

TRACKING ORDER:

After the product is dispatched, you will receive an email and/ or sms containing the tracking details. Please note that tracking information becomes available 24 hours after the dispatch time.

 

LIABILITY:

You are responsible for defending, indemnifying, and releasing the company from any claims, costs, and liabilities arising from breaches of these Terms and Conditions, use of the website or products, intellectual property disputes, or violations of these terms. If the company faces legal action due to your actions, you must provide assurance, and the company may participate in the defense. This responsibility continues even after the termination of these terms.

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TERMINATION:

With regards to termination, these T&Cs shall remain in effect unless terminated by either you or the company. Nevertheless, the company reserves the right, at its sole discretion and without any penalty or notice, to suspend or terminate your account or your use of the website at any time, for any reason or for no reason at all. Moreover, in the event of non-compliance with the regulations, rules, privacy policy, or terms and conditions, the company has the authority to terminate your access to the website or any connected account, either entirely or partially, without prior notice. You acknowledge and agree that the company will not be held liable for any such termination, whether it is to you or to any third party. In the event that termination occurs, either by your decision or by ours, it is imperative that you immediately delete or eradicate all materials obtained from the website, including any duplicates, regardless of whether they were downloaded pursuant to the terms of use or otherwise. It is crucial to note that the termination of these terms and conditions does not absolve you of any outstanding obligations, such as payment for products already ordered from the website, nor does it affect any liabilities that may have arisen under these terms and conditions.

 

LIMITATION OF LIABILITY:

To the utmost extent permitted by applicable law, you and we mutually agree that neither our holding nor our subsidiaries, affiliates, partners, or licensors shall bear any responsibility or liability, under any circumstances, whether in contract, tort (including negligence) or otherwise, for any (a) interruption of business that may arise, (b) access delays or access interruptions to the website that may hinder your usage, (c) non-delivery, loss, theft, misdelivery, corruption, destruction, or any other modification of data that you may experience, (d) loss or damages of any sort that you may incur as a result of any dealings with or the presence of off-website links on the website, (e) viruses, system failures, or malfunctions that may occur in connection with your use of the website, including during hyperlinking to or from third-party websites, (f) any inaccuracies or omissions in the content provided on the website, or (g) events that are beyond the reasonable control of the company. Moreover, we make no representations or warranties that any defects or errors, should they arise, will be rectified.

 

Furthermore, and in accordance with the fullest extent permitted by law, neither we nor our subsidiaries, affiliates, partners, or licensors shall be held accountable for any indirect, special, punitive, incidental, or consequential damages of any kind, including lost profits, that may be related to the website or your utilization thereof, regardless of the form of action, whether in contract, tort (including negligence), or otherwise.

Furthermore, it is hereby agreed by you that any claims or legal proceedings arising from or in connection with the utilization of the website or these terms and conditions shall not be initiated by you beyond a period of one (1) year from the time when the cause of action relating to said claim or legal proceeding first occurred. In the event that you have a dispute with us or are dissatisfied with the website, the termination of your use of the website shall serve as your sole remedy. We do not have any other obligation, liability, or responsibility to you beyond this.
 

INDEMNIFICATION:

In the event of any breach of the Terms and Conditions or any breach of warranties, representations, and obligations under the Terms and Conditions, you hereby agree to release, indemnify, defend, and hold harmless the company, as well as all of its contractors, agents, employees, officers, directors, affiliates, shareholders, and assigns, from any and all liability, damages, costs, and expenses, including but not limited to reasonable attorney's fees and expenses, incurred by the company and/or any third parties. This includes but is not limited to: (a) breaches of the Terms and Conditions, (b) the content of the website or your use thereof, (c) the products or your use thereof, including any trial products, (d) any infringement upon intellectual property rights or proprietary rights of any person or entity, (e) your violation of any provision of the Terms and Conditions, and (f) any information or data you have provided to the company. In the event that the company is threatened with a lawsuit or is sued by a third party, the company may require written assurance from you regarding your promise to indemnify the company. Failure to comply with this requirement will be considered a material breach of the Terms and Conditions. Furthermore, the company shall have the right to participate in the defense of any third-party claim related to your use of the website content or products, and shall be entitled to choose its own legal counsel at its own expense. The company will reasonably cooperate with you in the defense of any third-party claim, upon your request and at your expense. However, you shall bear sole responsibility for defending the company against any claim, subject to obtaining the prior written consent of the company with respect to any related settlement. It is important to note that the terms of this provision shall continue to be in effect even after the termination or cancellation of the Terms and Conditions or your use of the website or products.

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CHAT FUNCTIONALITY

The Chat Functionality has been implemented to assist you solely with any inquiries or matters related to the Site and should not be regarded as professional advice. The utilization of this service is subject to the following terms and conditions:

 

We may temporarily suspend the chat service at any time without prior notice. We or our representatives are not accountable for any delays in attending to or responding to queries via chat. Correspondence through chat may be retained by us for future reference, and the user of this service shall not have the right to access such information at any future date. While engaging in a 'chat,' it is strictly prohibited to communicate any objectionable information, such as unlawful, threatening, abusive, defamatory, or obscene content. The chat room must not be utilized for selling products, providing business opportunity suggestions, or engaging in any other form of solicitation. If you agree to the aforementioned terms and conditions, you may proceed to chat with our online customer care executive.

 

JURISDICTION:

These T&Cs will be interpreted according to Indian laws, with exclusive jurisdiction granted to the courts in Kolkata, West Bengal, India for any arising proceedings. In case of disputes, an independent arbitrator, mutually agreed upon, will make the final and binding decision, following the Arbitration and Conciliation Act, 1996. The arbitration will take place in Kolkata.

 

FORCE MAJEURE:

The Company is not considered in default and is not accountable for any cessation, interruption, or delay in fulfilling its obligations due to events beyond its control. These events include natural disasters, wars, terrorism, labour disputes, pandemic or epidemic, hacking, government actions, or any other unforeseen circumstances. In the event of such occurrences, the Company's obligations under these terms will be temporarily suspended until the situation is resolved.

 

CONTACT DETAILS:

We kindly request that you communicate with us should you have any queries or remarks (including any inquiries unrelated to copyright infringement) concerning the Products, Policies or the Website.

Email: indranimanna1988@gmail.com

Telephone Number: +919007285848

Contact Days: MONDAY-SATURDAY.