Welcome to ZABARVAN. Please read this user agreement carefully as it sets out the terms and conditions upon which you may use this website. By clicking “I agree” you confirm that you have read and understood the terms and conditions of this user agreement and agree to be bound by the same.

A. DEFINED TERMS

1. “Affiliate” means the parent company, group companies, subsidiaries, holding company, business, corporation, partnerships, or any other entity in which the Company or the Parent Company thereof holds a substantial ownership interest, directly or indirectly.

2. “Cancellation Policy” shall have the meaning set forth in Clause Q of this agreement.

3. “Company” means Zabarvan, a sole proprietorship duly organised and validly existing under the laws of India, having its registered office at N-163, Panchsheel Park, New Delhi – 110017.

4. “Content” means any data, information, text, graphics, video, sound, pictures, user interfaces, visual interfaces, trademarks, and any other materials appearing, sent, uploaded, communicated, transmitted, or otherwise made available on the Website for any products and services offered on the Website.

5. “Issuing Bank” means the bank through which transactions are processed on behalf of the User through any of the payment methods available on the Website for the purchase of products and services offered by the Company on the Website, in accordance with Clause N of this agreement.

6. “New Terms” shall mean the Terms & Conditions, the Zabarvan Policies, rules, regulations, and all other applicable terms referred to herein or provided by Company which have been changed, amended, updated, terminated, supplemented, modified, added, or removed, at any time by the Company.

7. “Payment Facility” means the mechanism used by the User to pay the transaction price by way of card, cash, or other electronic means or instruments through the Issuing Bank to the Company in order to purchase the Products.

8. “Prior written consent” means a communication coming from the legal department of the Company, specifically in response to request of the User, and specifically addressing the activity or conduct for which the User seeks authorization.

9. “Products” shall jointly mean all products offered by the Company on the Website and the services offered in relation thereto.

10. “Profanity Policy” shall have the meaning set forth in Clause R of this agreement.

11. “Replacement & Exchange Policy” shall have the meaning set forth in Clause P of this agreement.

12. “Terms & Conditions” mean all the terms of this agreement, which form a legal and binding agreement amongst the Company and any User.

13. “Third-party seller” shall have the meaning set forth in Clause T of this agreement.

14. “Threat Policy” shall have the meaning set forth in Clause S of this agreement.

15. “User” shall mean any natural or legal person using, accessing or transacting on the Website. For the purpose of this agreement, wherever the context so requires, it shall also include persons who have agreed to become a buyer by providing details of registration and transacting on the Website. The User can surf the Website without registration, however, to make purchases, the User shall be registered on the Website.

16. “Warranty Policy” shall have the meaning set forth in Clause O of this agreement.

17. “Website” means the domain in which is owned by Zabarvan, including any sub-domains of the Website, or related top-level domains including the mobile sites, applications, Application Programming Interface (APIs), widgets, etc.

18. “Zabarvan Policies” shall mean all applicable policies, rules, regulations, guidelines, terms and conditions which are issued by the Company in relation to any products and services offered by the Company.

B. INTERPRETATION

1. The Terms & Conditions shall at all times be read along with the Zabarvan Policies.

2. Unless otherwise specified therein, all terms defined in the Terms & Conditions shall have the defined meanings when used in any other policy/guidelines issued by Zabarvan, or any other document made or delivered pursuant hereto or thereto.

3. Where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings.

4. A law includes a constitutional provision, treaty, decree, convention, statute, regulation, ordinance, by-law, judgment, rule of common law or equity and is a reference to that law as amended, consolidated or replaced.

5. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation,” and such the words or similar expressions are not used as, nor are intended to be interpreted as, words of limitation.

6. Any statute mentioned herein shall be construed to include any regulation, ordinance, by-law or other subordinate legislation made under it.

7. If a period of time is calculated from a particular day, act or event (such as the giving of a notice), it is to be calculated exclusive of that day, or the day of that act or event.

8. References to agreements or other contractual obligations shall, unless otherwise specified, be deemed to refer to such agreements or contractual obligations as amended, supplemented, restated or otherwise modified from time to time.

9. The words “hereof,” “herein”, “thereunder” and “hereunder” and words of similar import, when used herein shall refer to the Terms & Conditions as a whole and not to any particular clause.

10. The meanings given to terms defined herein shall be equally applicable to both the singular and plural forms of such terms.

11. Any use of the male or female pronouns herein, whether “he,” “she,” “him,” “her” or words or phrases to similar effect, shall have no significance in the interpretation and application of the terms, provisions and conditions of the Terms & Conditions, such use being solely for the sake of convenience.

C. GENERAL

1. The domain name in is owned by Zabarvan (hereinafter referred to as “us”, “we” or “our”).

2. These are the Terms & Conditions which form a legal and binding agreement between the Company and any person accessing our website in and the Content thereof.

3. The Terms & Conditions published herein are in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, user agreement, privacy policy, and terms and conditions for access or usage of the Website.

4. This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder, as applicable, and various other statutes. This electronic record is generated by a computer system and does not require any physical or digital signatures.

5. Your use of the Website, including without limitation the purchase of Products provided therein, are governed by the Terms & Conditions. Every User shall be bound by the Terms & Conditions, the Zabarvan Policies and all applicable laws, rules, regulations which are incorporated herein by way of reference or provided by the Company in relation to any Product.

6. By mere use of the Website, you shall be impliedly contracting with the Company under the Terms & Conditions, the Zabarvan Polices and all applicable laws, rules and regulations that constitute binding obligations between you and the Company. Accessing, browsing, or otherwise using the Website indicates your agreement to the Terms & Conditions, hence you are requested to read the following carefully before proceeding. By impliedly or expressly accepting the Terms & Conditions, you also accept and agree to be bound by the Zabarvan Policies, as amended from time to time.

7. You acknowledge and agree that by using, or otherwise accessing the Website, including without limitation the purchase of Products, you agree to be bound by the Terms and the Zabarvan Policies. You acknowledge that we provide use and access to our Website and Products to you, subject to the Terms & Conditions. You agree and acknowledge that you have completely read and understood the Terms & Conditions and the Zabarvan Policies incorporated herein by reference, as amended from time to time. You agree, covenant, and undertake to be bound by the specific rules and regulations of each of the Products provided by the Company, as applicable.

8. When the User purchases any Product offered by the Company through the Website, the User shall be subject to the rules, guidelines, policies, terms, and conditions that are applicable to such Product, and they shall be deemed to be incorporated into the Terms & Conditions and shall be considered a part and parcel of the Terms & Conditions.

9. We reserve the right, at our sole discretion, to amend, revise, update, terminate, supplement, modify, add, or remove portions of the Terms & Conditions, at any time without any prior written notice to you. The Company may, at its sole discretion, notify the User of such changes in the Terms & Conditions, the Zabarvan Policies, rules, regulations, and all other applicable terms referred to herein or provided by Company. In the event the Company decides to notify the Users of such changes, the same shall be done by sending an email to the registered email addresses of the Users or posting notifications in the accounts of the Users. Notwithstanding, it shall be the responsibility of the Users to review the Terms & Conditions periodically to be apprised on any changes. Your continued use of the Website following the notification of changes shall mean that you accept and agree to such changes. As long as you shall comply with the Terms & Conditions, as amended from time to time, we shall grant you a limited privilege to access and use the Website.

10. The Company may, at its sole and absolute discretion:

• Remove any Content that is made available or posted by a User on the Website;

• Establish general practices, threshold and limitations concerning the use of the Website and modify the same from time to time, and such changes may be notified and/or included in the New Terms if deemed fit by Company; or

• Assign its rights and liabilities to all User accounts hereunder to any entity and post such assignment, an intimation of such assignment shall be sent to all Users to their registered email addresses.

11. Your use of the information contained on the Website is at your own risk. Other than as expressly set out in the Terms & Conditions and to the extent permitted by law, we make no warranty as to the accuracy, legality, operability, completeness and reliability of the information contained on the Website and the publications therein, or any other information generated on the Website by or on behalf of us, and any third-party. The Company including its Affiliates, directors, officers, and agents disclaim all liability and responsibility for any loss or damage, whether direct or indirect, that may be suffered by any User through relying on anything contained in or omitted from the Website and the publications therein.

12. You hereby unconditionally, irrevocably, and expressly agree to the transfer of your personal information, including sensitive data, to the Company and to such third-parties who we contract with to provide you with the Products.

D. ELIGIBILITY

1. Usage of the Website and the purchase of Products provided therein is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are incompetent to contract within the meaning of the Indian Contract Act, 1872 including but not limited to minors, persons of unsound mind, un-discharged insolvents, etc are not eligible to use the Website. 

2. If the User is a minor i.e. under the age of 18 years, he shall not register and transact on the Website. As a minor, if you wish to use or transact on the Website, such use or transaction shall be made by your legal guardian or parents. We reserve the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to our notice that you are under the age of 18 years.

E. REGISTRATION OBLIGATIONS

1. If you register yourself on the Website, you shall be responsible for maintaining the confidentiality of your Account and shall be responsible for all activities which occur thereunder.

2. All persons wishing to use, register and transact on the Website shall provide the following personal information: a) Name, b) Mobile Number c) Email Address d) Address with Pin Code. 

3. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms & Conditions, the Zabarvan Policies, and all other rules and regulations which are incorporated herein by way of reference or provided by the Company in relation to any Product, we shall have the right to indefinitely suspend or terminate your membership, block your access to the Website and refuse to provide you with such access in the future.

F. COMMUNICATIONS

1. The Website is a platform that you shall utilize to discover and show interest in availing the Products offered therein, in addition to transacting and communicating with us. When you use the Website, send emails, other information, or communications to us, you agree and understand that you are communicating with us through electronic means and you consent to receiving communications through such electronic means from us periodically, and as and when required.

2. We may communicate with you through phone call, email, or by any other mode of communication, electronic or otherwise.

3. The User shall be required to enter a valid phone number while placing an order on the Website. By registering your phone number with us, you consent to being contacted by the Company in case of any order, shipment, or delivery related updates. We shall not use your personal information to initiate any contact in relation to promotions and advertisements, unless the same has been consented to by you. Further, subject to the availability of the features, you shall have the option to use application-based communication platforms to contact us for any queries, grievances/complaints and feedback.

G. FEES & CHARGES

1. Membership on the Website is free for Users. We do not charge any fee for accessing, browsing and transacting on the Website. We reserve the right to introduce new fees from time to time for such membership.

2. We may, at our sole discretion, introduce new Products and modify some or all the existing Products offered on the Website. In such an event, we reserve the right to introduce fees for the new Products offered or amend/introduce fees for existing Products, as the case may be.

3. Any modification to the fees shall be published on the Website and such modifications shall automatically become effective immediately after such publication.

4. Unless otherwise stated, all fees shall be quoted in Indian Rupees. Every User shall be solely responsible for compliance of all applicable laws for making payments to the Company.

H. USE OF THE WEBSITE

1. The User shall not host, display, upload, modify, publish, transmit, update, or share any information which:

• belongs to another person and to which the User does not have any right to;
• is false, inaccurate, grossly harmful, blasphemous, defamatory, menacing, obscene, pornographic, paedophilic, libellous, violent, sexually explicit, exploitative, deceitful, invasive of privacy, hateful, or racially/ethnically objectionable, disparaging, relating to or envisaging fraud, misleading, advocating harassment, threatening in any manner whatsoever including but not limited to indecent representation of women within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
• threatens to defame or harm the goodwill and reputation of the Company;
• violates any law for the time being in force or promotes unlawful conduct;
• infringes upon or violates any rights of third-party, other users or the Company;
• involves unauthorized disclosure of personal information or impersonation or tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, account information, or other areas of the Website or solicits passwords or personal information for commercial or unlawful purposes from other Users;
• interferes with the use and enjoyment, of the Website and Products, of another User;contains content that would be prohibited or violates the letter or spirit of the Terms & Conditions, the Zabarvan Policies and all other rules and regulations which are incorporated herein by way of reference or provided by the Company in relation to any Product;

• contains software viruses, computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource or contains any trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
• shall, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rules, regulations or guidelines for the time being in force;
• threatens the unity, integrity, defence, security or sovereignty of India, relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence; or
• shall create liability for the Company or cause the Company to lose, in whole or in part, the services of internet service provider (ISPs) or other suppliers of the Company.

2. The User shall not use any deep-link, page-scrape, robot, spider, other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or the Content, to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website.

3. The User shall not in any way reproduce or circumvent the navigational structure or presentation of the Website or the Content, to obtain or attempt to obtain any materials, records, documents or information through any means not purposely made available through the Website. The Company reserves the right to bar any such activity and take legal action against the same.

4. The User shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means.

5. The User shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. The User may not reverse look-up, trace or seek to trace any information of any other User of or visitor to Website, or any other customer, including any account on the Website not owned by any User, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way with the purpose of revealing any information, including but not limited to personal identification or information, other than such User’s own information as provided for by the Website.

6. The User shall not make any negative, denigrating or defamatory statements or comments about the Company, the brand name or domain name used by the Company including but not limited to the term “Zabarvan” or otherwise engage in any conduct or action that might tarnish the image or reputation of the Company or otherwise tarnish or dilute any trade or service marks, trade name and/or goodwill associated therewith, as may be owned or used by the Company. The User agrees to not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or the systems, networks, or any systems or networks connected to the Company.

7. The User shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal the User sends to the Company, on or through the Website or any service offered on or through the Website. The Users shall not misrepresent or impersonate any other individual or entity.

8. The User shall not use the Website or any Content for any purpose that is unlawful or prohibited by the Terms & Conditions, the Zabarvan Policies, and all other rules and regulations which are incorporated herein by way of reference or provided by the Company in relation to any Product, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company, other Users and/or third-parties.

9. The User shall, at all times, ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder, as applicable and as amended from time to time in addition to all applicable laws, rules and regulations, statutes and ordinances regarding the use of the Website, the Products offered by the Company, listings and transactions on the Website, solicitation of offers to purchase, and sale of Products. The User shall not engage in any transaction on the Website, which is prohibited by the provisions of any applicable laws for the time being in force.

10. The User shall be responsible for providing information relating to the Products proposed to be sold by the Company. In this connection, the User undertakes that all such information shall be secured in all respects. The User shall not defame the attributes of such Products so as to mislead other Users in any manner whatsoever.

11. The User shall not engage, directly or indirectly, in advertising, or solicitation of other Users of the Website to buy any Products, including but not limited to Products related to that being displayed on the Website or related to the Company. It shall be a violation of the Terms & Conditions to use any information obtained from the Website to contact, advertise to, solicit, or sell to another person, without the prior explicit written consent of the Company. In order to protect Users from such advertising or solicitation, the Company reserves the right to restrict the number of reviews which a User may post within a period. Users can post a review 24 hours after the receipt of the Product by the User. A User can only post one review per Product on the Website.

12. Thet User understands that the Company shall have the right at all times to disclose any information, including the identity of the persons providing information or materials on the Website, as necessary to satisfy any law, regulation or valid governmental request. This may include without limitation the disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order. In addition, the Company can, and the User hereby expressly authorizes the Company to disclose any information about such User to law enforcement or other authorised government officials, as we, in the sole discretion of the Company, believe necessary or appropriate in connection with the investigation and/or resolution of potential crimes.

13. We do not allow third-party advertisements on the Website. However, in the event we allow such advertising by third-parties, the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website The correspondence or business dealings of the User with, or participation in promotions of, advertisers found on or through the Website and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such advertiser.

14. The User shall not have the right to resell any Products purchased from the Company unless such a right is expressly granted to the User in writing by the Company. The Company reserves the right to restrict the sale of products and services. The Company shall have all the right to take necessary action and claim damages that may occur due to the involvement and participation of the User in the resale of any Products.

15. It is possible that unauthorized persons may post or transmit offensive or obscene materials on the Website and that the User may be involuntarily exposed to the same. It also is possible for such unauthorized persons to obtain personal information about the User due to the use of the Website, and that the recipient may use such information to harass or injure the User. The Company does not approve of such unauthorized use, but by using the Website, the User acknowledges and agrees that the Company shall not be responsible for the use of any personal information that the User publicly discloses or shares on the Website. Please carefully select the type of information that the User publicly discloses or shares on the Website.

16. The Company reserves the right, but has no obligation, to monitor the materials posted on the Website. The Company shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of the Terms & Conditions. Notwithstanding this right, the User remains solely responsible for the content of the materials posted publicly and privately on the Website by such User. In no event shall the Company assume or have any responsibility or liability for any content posted by another User or for any claims, damages or losses resulting from use of content and/or appearance of content on the Website. The User hereby represents and warrants that the content the User publishes on the Website shall not infringe any proprietary or other rights of the Company or any third-parties.

I. CONTENT AVAILABLE ON THE WEBSITE

1. Except as expressly provided in the Terms & Conditions, no part of the Website and Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way including mirroring to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of the Company.

2. The User may use information on the Products purposely made available on the Website for downloading, provided that the User does not remove any proprietary notice language in all copies of such documents, uses such information only for personal, non-commercial, informational purpose and does not copy or post such information on any networked computer or broadcast it in any media, and does not make any additional modifications to, representations and warranties relating to such documents.

3. The User shall be responsible for any notes, messages, emails, postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted on the Website by such User. Every such content shall become the property of the Company and the User shall grant the Company the worldwide, perpetual, and transferable rights in such content.

4. The Company shall be entitled to use such content or any of its elements for any type of use, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include such content provided by the User. The User agrees that any content posted by the User may be used by the Company, consistent with the Terms & Conditions, the Zabarvan Policies and all other rules and regulations which are incorporated herein by way of reference or provided by the Company in relation to any Product. The User shall not be entitled to any compensation for such use.

J. PRIVACY

1. We understand clearly that the Users are the most important assets of the Company. We collect, store, and process your information including any sensitive personal and financial information, if any, on computers that may be protected by reasonable physical and technological security measures and procedures in accordance with Information Technology Act 2000 and rules thereunder. If you object to your information being transferred or used in the manner described in the Privacy Policy, please do not use the Website. The Privacy Policy is available at in/privacy-policy. 

2. We may disclose your personal information to third-parties. This disclosure may be required for us to provide you access to our Products, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent and illegal activities in relation to the Website or Products. We do not disclose your personal information to third-parties for marketing and advertising purposes without your explicit consent.

3. We may disclose your personal information if required to do so by law or in the good faith and under the belief that such disclosure is reasonably necessary to comply with our legal obligations, to enforce our rights, to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third-parties, or others in the good faith and under the belief that such disclosure is reasonably necessary to enforce the Terms & Conditions, the Zabarvan Policies, to respond to claims that an advertisement, posting or other content violates the rights of such third parties, or to protect your rights, property or personal safety or of the general public.

4. We may share your personal information with our Affiliates which may market to you as a result of such sharing, unless you explicitly opt out. The Company and its Affiliates may share/transfer your personal information with another business entity should the Company, or of its Affiliates plan to merge with, or be acquired by such business entity, or in the case of re-organization, amalgamation, restructuring of business of the Company. Should such a transaction occur, the other business entity or the new combined entity, shall follow the Privacy Policy with respect to your personal information.

K. DISCLAIMER OF WARRANTIES AND LIABILITIES

1. This Website, the Content, the Products included on or otherwise made available to you through the Website and all the materials made available to you on the Website, are provided on “as is”, “with all faults” and “as available” basis without any representation or warranties, express or implied except unless otherwise specified in writing by the Company. Without prejudice to the forgoing paragraph, we do not warrant that the Website shall be constantly available, or available at all and that the information on the Website is complete, true, accurate or non-misleading. The Website expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property and/or proprietary rights.

2. We shall not be liable to you in any way or in relation to the Content of, or use of, or otherwise in connection with the Website. We do not warrant that the Website, the Content, the Products included on or otherwise made available to you through the Website and all the materials made available to you on the Website, their servers or electronic communication sent from us are free of viruses or other harmful components.

3. Nothing on the Website constitutes, or is meant to constitute, advice of any kind. No advice or information, whether oral or written, obtained by You from The Website, or from or through the Products shall create any warranty not expressly stated herein. The Website cannot and does not guarantee and does not promise any specific result from use of the Product.

4. In the event, we allow third-parties to list their products on the Website, all such products, including our Products offered for sale on the Website may be governed by different state laws and if a seller is unable to deliver Products due to implications of different state laws, the seller shall return or refund to the User the credit for the amount, if any, received in advance by the seller from the sale of such Product that could not be delivered to the User.

L. TERMS OF PAYMENT

1. While availing any of the payment methods available on the Website, the Company shall 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, exceeding the pre-set limit mutually agreed by the User and the Issuing Bank, any payment issues arising out of the transaction, or decline of transaction for any other reason.

2. All payments made against the purchases on the Website by the User shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Website shall not facilitate any transaction with respect to any other form of currency with respect to the purchases made on the Website.

3. Before shipping/delivering your order to the User, we may request to provide supporting documents (including but not limited to Government issued identity cards and address proof) to establish the ownership of the payment instrument used by the User for such purchase. This is done in the interest of providing a safe online shopping environment for all Users.

4. Transactions, transaction price and all commercial terms such as delivery, dispatch of products and/or services are on the basis of contractual obligations between the User and the Company. The Payment Facility is merely used by the User and the Company to facilitate the completion of the transaction.

5. The User specifically authorizes the Company and its service providers to collect, process, facilitate and remit payments and/or the transaction price electronically or through cash on delivery to and from other Users in respect of transactions made through the Payment Facility. Your relationship with the Company is on a principal-to-principal basis.

6. You understand, accept, and agree that the Payment Facility provided by us 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 on the Website using the existing authorized banking infrastructure and payment gateway networks. Further, by providing the Payment Facility, we are neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

7. The Company does not provide any credit facilities. All prices displayed on the Website are final and no further discounts or facilities are available for any User.

8. For any payment above INR 5,000/- in cash, you need to share proof address and ID such as PAN Card and Aadhaar Card details with the Company to process the transaction. For any payment above INR 10,000/- the Company will not be able to accept cash payments from the User and the User will be required to make a payment by card or electronic transfer only.

M. PAYMENT FACILITY

1. The User understands that upon initiating a transaction, they are entering into a legally binding and enforceable contract with the Company to purchase the Products using the Payment Facility, and the User shall pay the transaction price through the Issuing Bank to the Company using the Payment Facility.

2. The User shall agree with the Company through electronic communication and records, 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 shall be in compliance with rules and policies of the Payment Facility.

3. The User shall electronically notify the Payment Facility using the appropriate features of the Website immediately upon delivery or non-delivery within the time period as provided in such policies. Non-notification by the User of delivery or non-delivery within the time period specified in such policies shall be construed as a deemed delivery in respect of that transaction. In case of cash on delivery transactions, the User is not required to confirm the receipt of Products.

4. The User shall be entitled to claim a refund of the transaction price as a sole and exclusive remedy in case the User does not receive the delivery within the time period agreed in the transaction or within the time period as provided in such policies. In case the User does not raise a refund claim using the Website features within the stipulated time, the User shall be ineligible for a refund.

5. The User understands that the Payment Facility may not be available in full or in part for certain category of Products and/or transactions as mentioned in such policies and hence the User may not be entitled to a refund in respect of the transactions for those Products. The refund shall be subject to the compliance of the User with such policies.

6. Except for cash on delivery transactions, the refund, if any, shall be made at the same Issuing Bank from where the transaction price was received. For cash on delivery transactions, the refunds, if any, will be made through a demand draft in favour of the User as per registration details provided by the User.

7. Refund shall be made in Indian Rupees only and shall be equivalent to the transaction price received in Indian Rupees.

8. For electronics payments, refund shall be made through Payment Facility using NEFT/RTGS or any other online banking/electronic funds transfer system approved by the Reserve Bank India (hereinafter referred to as the “RBI”).

9. Refund shall be conditional and shall be with a recourse available to the Company in case of any misuse by the User.

10. The Company reserves the right to impose limitations on the number of transactions or the transaction price which the Company may receive via individual valid credit/debit/cash card, bank account, and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by the RBI to provide enabling support facility for collection and remittance of payment or by an individual User during any time period, and reserves the right to refuse to process transactions exceeding such limit.

11. The Company reserves the right to refuse process transactions by Users with a prior history of questionable charges including without limitation breach of any agreements by the User with the Company or breach/violation of any law, policies or any charges imposed by the Issuing Bank.

12. The Company shall perform such checks as it deems fit before approving the receipt of commitment to pay for cash on delivery transactions, of the User. As a result of such check if the Company is not satisfied with the creditability of the User, genuineness of the transaction or the transaction price, it will have the right to reject the receipt of commitment to pay the transaction price of the User.

13. The Company may delay notifying the payment confirmation i.e. delay to dispatch, if it deems suspicious or for Users conducting high transaction volumes to ensure safety of the transaction and the transaction price. In addition, the Company may hold the transaction price and may not dispatch or remit the transaction price to law enforcement officials instead of refunding the same to the User at the request of law enforcement officials or in the event the User is engaged in any form of illegal activity.

14. The User, and Third-Party Sellers in the event we allow such Third-Parties to list their products on the Website, acknowledge that the Company shall not be liable for any damages, interests or claims resulting from not processing a transaction and/or transaction price or any delay in processing a transaction and/or transaction price which is beyond control of the Company.

N. ARRANGEMENT WITH ISSUING BANKS

1. All valid credit card, debit card, cash and other payment instruments shall be processed using an appropriate payment gateway system infrastructure and the same shall be governed by the terms and conditions agreed to between the User, the respective Issuing Bank and the payment instrument issuing company.

2. All online bank transfers from valid bank accounts shall be processed using the appropriate payment gateway system infrastructure provided by the respective Issuing Bank that supports the Payment Facility to provide these services to the User. All such online bank transfers on the Payment Facility shall be governed by the terms and conditions agreed to between User and the respective Issuing Bank.

O. WARRANTY AND GUARANTEE

1. The Company and the User shall adhere to the procedure, terms and conditions herein in relation to the warranty of the Products (hereinafter referred to as the “Warranty Policy”).

2. The User undertakes to take all the necessary measures to preserve in good condition all the Products ordered on the Website.

• Under our Warranty Policy, most Products are covered by a contractual 18 months warranty unless otherwise specified on the Product, its packaging, the Warranty Policy or by the Company at the time of sale. However, this warranty shall not apply in the case of natural wear and tear of the Product, damage caused by negligent use of the Product, or by use in a manner for which the Product was not intended.
• The 30 days replacement/exchange guarantee as described in Clause P seeks to assist Users who have received incorrect/defective Products on purchase on the Website or are dissatisfied with the Products purchased on the Website, as applicable.
• The replacement/exchange can be requested for the entire Product or parts of the Product subject to availability of the same with the Company and in accordance with Clause P of the Terms & Conditions.
• If at the time of delivery and/or within 30 days from the date of delivery of the Products, if the User wants to request for an exchange/replacement, such User may request for replacement or exchange of the Products and in accordance with and in the manner provided in the Replacement & Exchange Policy of the Company.
• If the Company has suspicion or knowledge, that any User is involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, the Company, while reserving its rights to initiate civil and/or criminal proceedings against such User, may also at its sole discretion suspend, block, restrict, cancel the display name of such User and/or disqualify such User and any related Users from availing protection through the Replacement & Exchange Policy. Any person who, knowingly and with intent to injure, defraud or deceive, files a fraudulent complaint containing false, incomplete, or misleading information to facilitate exchange/replacement requests may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

P. REPLACEMENT & EXCHANGE POLICY

1. This clause prescribes the procedure, terms and conditions in relation to the replacement and exchange of Products purchased by the Users (hereinafter referred to as the “Replacement & Exchange Policy”).

2. The User may request for replacement/exchange of a Product from the Company subject to a notification to the Company from the User of the reason for such replacement/exchange of such Product at the time of delivery of such Product within 30 days from the date of delivery and such Product shall be replaced/exchanged, subject to the Replacement & Exchange Policy of the Company, as amended from time to time.

3. The Products shall not be eligible for return, exchange or replacement in the following cases:

• Damages due to misuse of the Product;
• Incidental damage due to malfunctioning of the Product;
• Products with tampered or missing serial numbers or Universal Product Codes (UPCs);
• Any Product that is returned without all original packaging and accessories, including the box, packaging if any, and all other items originally included with the Product delivered;
• Any consumable item which has been used/installed; or
• Any damage/defect which are not covered under the Replacement & Exchange Policy of the Company, as amended from time to time.

4. On clothing, and footwear, the Company accepts 30 days replacement/exchange subject to the following conditions:
   • Clothes and footwear are not used, other than for trial, altered, washed, soiled, or damaged in any way.
   • Original tags and packaging should be intact. For items that come in packaging, the box should be undamaged.
   • Damaged or defective clothing and footwear products are covered by the 30 days replacement/exchange guarantee.

5. An intimation must be provided to the Company seeking either approval or rejection of the replacement/exchange request. For this purpose, Users need to raise the request for replacement/exchange within 30 days from the date of delivery of Products.

6. To raise a replacement/exchange request, the User can login to the Website and click on Return/Exchange/Cancel Order link in My Account section and submit the details of the order. The User can also contact the customer service helpline +91 9711675375 or the number provided on the Product and the replacement/exchange request shall be raised on the behalf of such User. Once the request has been raised, the User must provide the reason for replacement/exchange to the Company.

7. The Company may accept the request for replacement/exchange and reserves the right to reject the same. In case the Company accepts the replacement/exchange request, the User shall be required to return the product to the Company and only after return of the Product, the Company shall be obliged to exchange or provide the replacement of such Product to the User.

8. In case the Company doesn’t have the Product at all, the Company shall provide the refund to the User and such User shall be obligated to accept the refund in lieu of replacement/exchange. The refund will be credited back to the payment account through the same mode of payment that was originally used to make the transaction. Refund will be credited within 14 working days.

9. All the parameters in relation to the Products shall be required to be complied with in cases of replacement/exchange. All shipping and other charges in relation to exchange/replacement shall be borne and incurred by the User, if applicable.

Q. CANCELLATION POLICY

1. This clause prescribes the procedure, terms and conditions in relation to the cancellation of orders after the purchase of Products on the Website by Users (hereinafter referred to as the “Cancellation Policy”).

2. Users can cancel their order before the Product has been shipped and the entire order amount shall be refunded to such User. In case the Product the User has ordered has been shipped but has not yet been delivered to the User, the User may still cancel their order. The refund will be processed to the User once the Company on the receipt of the originally ordered Product. Unfortunately, an order cannot be cancelled once the item has been delivered to the User.

3. To cancel the order, the User can login to the Website and click on Return/Exchange/Cancel order link in My Account section and submit the details of the order. Once the Company receives the request, the Company shall initiate the cancellation request. The refund will be credited back to the payment account through the same mode of payment that was originally used to make the transaction.

4. The shipping charges will be refunded only if the entire order is cancelled. However, for a partial cancellation, the Company does not have a refund for the shipping charge.

R. PROFANITY POLICY

1. This clause prescribes the guidelines in relation to the language used in the content published by the Users on the Website. (hereinafter referred to as the “Profanity Policy”).

2. The Company prohibits the use of language that is racist, hateful, sexual or obscene in nature on the Website. If the profane words are published on the Website, the Company shall blur out the bulk of the offending word with asterisks i.e., s*** or f***. This policy extends to text within listings, on seller pages in the event we shall allow Third-party Sellers to list their products on the Website, and all other areas of the Website that a User may view.

3. Please report any violations of this policy for review, corrective actions and removal of such content, including offensive display names, offensive language in a product review, or any communication between Users and the Company in relation to transactions conducted on the Website. Disciplinary action may result in a formal warning, indefinite or temporary suspension of the account of the User in violation of this policy.

4. To report violations of this policy, the User can login to the Website and navigate to the content that is in violation of this policy and click on the Report button available thereunder. The Company shall consider the circumstances of an alleged policy violation and the trading records of the User before taking action against such User for such violation. Violations of this Policy may result in a range of actions, including restrictions placed on account privileges, loss of special status and permanent/temporary account suspension of the User.

S. THREAT POLICY

1. This clause prescribes the guidelines in relation to content of the correspondences and communications of the Users (hereinafter referred to as the “Threat Policy”). 

2. Private communication, including email correspondence, is not regulated by the Company. We encourage Users to be professional, courteous and respectful when communicating with us. However, the Company will investigate and take action on certain types of emails that violate the Terms & Conditions and/or the Zabarvan Policies.

3. The Company does not permit Users to send threats through any channels of communication including, phone, email and the product review section of the Website. The User shall not post spam or other unsolicited commercial messages on the Website. The Company prohibits offers to buy or sell listed products outside of the Website. Offers of this nature are a potential fraud risk for both Users and the Company. The Company allows Users to facilitate transactions through the Website but shall investigate any misuse of this service.

4. Violations of this policy may result in a range of actions, including but not limited to restrictions on account privileges, permanent/temporary account suspension, cancellation of listings and loss of special status.

T. THIRD-PARTY SELLERS

1. Currently, the Company does not provide any third-parties to list their products on the Website for sale. However, in the event that the Company offers the services of online listing to third parties who may wish to promote the sale of their Products (hereinafter referred to as “Third Party Seller”). In such situations, the Company shall not participate or be a part of the transaction in any way. The Company shall only provide the digital space for such Third-Party Seller to list its Products for sale on the Website. The Company in no way endorses or promotes the sale of Products of the Third-Party Seller. 

2. When a User intends to purchase any such Product that has been listed by the Third-Party Seller on the digital space within the Website, the User shall first add the Product in their cart for checkout. When the User intends to conclude the transaction for the Product of the Third-Party Seller, the User shall be directed to the payment gateway on the website of the Third-Party Seller and, the terms and conditions of the Third-Party Seller shall be applicable for all such transactions. Upon the User selecting the Product of the Third-Party Seller, and adding the same into the cart for checkout, all transactions thereto shall be between the User and the Third-Party Seller.

3. The relationship between the Third-Party Seller and such User shall be purely bilateral. All offers, sales, purchases, transactions, returns/exchange, cancellation/refund, customer service, warranty, claims etc. in relation to the purchase of the Products of the Third-Party Seller shall be solely between the Third-Party Seller and the User. The Company shall not be considered involved in any relationships therein. It is understood by the User and the Third-Party Seller that the Company is only providing a platform to the Third-Party Sellers enabling them to increase their customer outreach, and no other relationship exists between the Company and the Third-Party Seller. All commercial and contractual terms regarding the sale/purchase of the Products of the Third-Party Seller are offered by the Third-Party Seller and agreed upon between the Third-Party Seller and the User alone. The commercial and contractual terms include, but are not limited to, price, shipping costs, payment methods and terms, date, period, and mode of delivery, warranties, after-sales services, returns related to Products, and usage of any sub-contractors by the Third-Party Seller. The Company does not determine, advice, have any control, or in any way involve itself in the offering or acceptance of such commercial and contractual terms between the User and the Third-Party Seller. If the Buyer has any queries, feedback, complaints, and/or grievances or assistance needed with regard to the purchase of the Products of the Third-Party Seller, the User can reach out to the Third-Party Seller using the official contact details as provided on the page listing of such Product of the Third-Party Seller, or through the Return/Exchange/Cancel order link in My Account section. 

4. The User specifically acknowledges that any queries, feedback, complaints, and/or grievances, or assistance in relation to the Product of the Third-Party Seller cannot be addressed or resolved by the Company. All disputes relating to the purchase of the Products of the Third-Party Seller shall be settled between the User and the Third-Party Seller. The Company shall not be liable to the User or the Third-Party Seller in any way. Further, the Company shall not be responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of the transaction or potential transaction between the User and the Third-Party Seller. This shall include without limitation the failure of the payment gateway used for the purchase of the Products of the Third-Party Seller and the contractual agreement between the User and the Third-Party Seller regarding the payment terms, delivery conditions, cancellation, refunds, exchange, returns. warranty, customer and after sale services, etc.

5. All material including, but not limited to, pictures, logos, links, advertisement creatives, etc., which are provided by the Third-Party Seller to the Company for the purpose of availing the online listing services shall comply to the Terms & Conditions, the Zabarvan Policies and all applicable laws in force. Further, the Products, and the listing of the said Products offered for sale by the Third-Party Seller shall be in accordance with the applicable product regulatory laws. All policies of the Third Party Seller and any updates thereto, including but not limited to offers, sales, purchases, transactions, returns, exchanges, cancellations, refunds, customer service, warranty, claims relating to the Products of the Third-Party Seller listed on the Website shall be communicated to the Company immediately in order to list such polices and keep them updated from time to time on the Website.

U. INTELLECTUAL PROPERTY

1. The Company shall be the owner of all the rights of intellectual property attached to the Products ordered by the Users. The Company reserves the right to proceed to the necessary formalities with the aim of protection of its intellectual property rights. The Company undertakes to the Users a non-exclusive right of use on the brands and other protected intellectual property owned by the Company. The User recognises the existence and validity of the trademark applications or registrations and use of the Company’s Products and undertakes to never challenge their validity, registration and use. The User undertakes to not derive any right from the use of the Products and to not attempt to register, directly in his name or indirectly by a third-party, any identical or confusingly similar marks or domain names that may infringe the Company’s intellectual property rights and/or constitute unfair competition. In case the User applies for or uses any marks or domain names, identical or similar to that of the Company, they shall immediately take all necessary actions, at their own expense, to cancel or transfer the infringing marks or domain names to the Company upon first demand made by the Company. The Users undertake to inform and to immediately notify the Company of illicit imitation and more generally of any unfair competition practices in relation to the intellectual property of the Company.

2. The Website is controlled and operated by the Company and the Products are sold by the Company. The Website, the Products and the Content are protected by copyrights, trademarks, and other intellectual property rights available on the Website is solely for personal and non-commercial use by the Users. The Users shall not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by electronic means, directly or indirectly, and must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which the Users receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this Clause.

3. In case the Users feel that any intellectual property right of the Company has been infringed, you shall write to the Company through email at zabarvan1@gmail.com or call the customer service helpline +91 9711675375.

V. LIMITATION OF LIABILITY

1. In no event shall the Company be liable for any special, exemplary, punitive incidental, indirect, or consequential damages or losses of any kind in connection with the Terms & Conditions, even if the User has been informed in advance of the possibility of such damages or losses.

2. The Company does not warrant that the Content, Product description or other material available on the Website are completely accurate, complete, current, or error-free and shall assume no liability in this regard.

3. Such limitations of liability shall apply whether the damages arise from the Products or from the interruption, suspension, or termination of the Website including such damages incurred by third parties.

W. DISPUTE RESOLUTION

1. When a dispute shall arise between the User and the Company, both parties shall make all attempts to resolve such dispute mutually and amicably. Any failure to do so shall give the aggrieved party the right to institute appropriate proceedings under the scope of law.

2. If a dispute between both the parties is not resolved amicably and mutually within 45 days, the same shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 or any statutory modification thereof which is deemed to be incorporated by reference in this Clause. The seat of the arbitration shall be New Delhi. The Tribunal shall consist of two arbitrator(s) who shall be nominated and appointed by the Company. The arbitration proceedings shall be conducted in English. The law governing this arbitration agreement shall be Indian law. The award rendered by the arbitrator(s) shall be final and binding on both the parties. The costs of the arbitration shall be borne by both the parties equally.

X. PUBLIC NOTICE

1. The Company wishes to draw the attention of the Users and members of the general public to the prevalence of fraudulent activity being perpetuated by unauthorized individuals/organizations (hereinafter referred to as “Perpetrators”) who aim to deceive and defraud the Users and members of the general public. You are hereby advised not to send/receive money to/from such Perpetrators, as the Company shall have no liability whatsoever for any and all losses/damages suffered by you as a result of reliance on such portals, websites, e-mail addresses, domains and communication channels which are not authorized by the Company. The Company hereby disclaims all such correspondence and messages and warns the Users and members of the general public to disregard the same and to exercise extreme caution at all times.

2. We strongly caution the Users and members of the general public against providing personal information, sending money or disclosing bank details to any person claiming to represent the Company, without verifying their authenticity as advised herein. You are strongly advised to seek information/clarifications via our official website in and/or call us directly on our customer service helpline +91 9711675375. Any other customer care communication channels or contact numbers available on the Internet may be fraudulent. The Company neither has nor offers any franchise opportunities within India. Kindly do not act on any communication that is not from our official domain name.

Y. MISCELLANEOUS

1. Sale in India- Unless otherwise specified, the material on the Website is presented and the Products offered are solely for the purpose of sale within India. The Company makes no representation that materials on the Website are appropriate or available for use in countries other than India. Those who choose to access the Website from countries other than India shall do so on their own initiative and the Company is not responsible for supply of Products and refund for the Products ordered from countries other than India, compliance with all applicable laws, if and to the extent such laws are applicable.

2. Compliance with Laws- The User shall comply with all the applicable laws, rules and notifications, including without limitation the Foreign Exchange Management Act, 1999, the Exchange Control Manual as may be issued by the RBI from time to time, the Information and Technology Act, 2021, the Prevention of Money Laundering Act, 2002, the Income Tax Act, 1961, as amended from time to time, as applicable to the User respectively for accessing, using and transacting on the Website. 

3. Contact Us- Users may contact the Company for any questions or comments regarding the Website by writing to the Company through email at zabarvan1@gmail.com and/or calling us directly on our customer service helpline +91 9711675375. 

4. Indemnity– The User shall indemnify and hold harmless the Company, its Affiliates, owner, licensee and other related entities, as applicable and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorney fees, made by any third-party or penalty imposed due to or arising out of the breach of the Terms & Conditions and/or the Zabarvan Policies, or violation of any law, rules or regulations or the rights, including infringement of intellectual property rights, of a third party, by the User.

5. Survival- The provisions of this Agreement, the nature of which should reasonably require the survival thereof shall survive the termination or expiration of the Terms & Conditions.

6. Waivers- The Company and the Users agree that any delay or omission on the part of the other party to exercise any right, power or remedy under the Terms & Conditions will not automatically operate as a waiver of such right, power or remedy or any other right, power or remedy and no waiver will be effective unless it is in writing and signed by the waiving party. Further the waiver of any right, power or remedy by either party hereunder on one occasion will not be construed as a bar to a waiver of any successive or other right, power or remedy on any other occasion or remedies and/or rights available under law.

7. Severability: In the event that any of part of the Terms & Conditions will be determined by any competent authority to be invalid, unlawful or unenforceable to any extent such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. 

8. Entire understanding- The Terms & Conditions embody the entire understanding between the Company and the Users relating to the subject matter hereof and it expressly supersedes all previous understandings and communications between them, whether written or oral. 

9. Governing Law- The Terms & Conditions shall be governed by and interpreted and construed in accordance with the laws of India. The courts at New Delhi shall have sole and exclusive jurisdiction in relation to any disputes arising out of the Terms & Conditions.

Z. SHIPPING POLICY

1. After an order is placed, processing will take upto 1-2 days for the order to be prepared.
2. For the time being, we only ship within India.
3. Within India, all orders are expected to arrive at their destination within 0-7 Working days of being shipped, unless our shipping agent faces unforeseen delays and circumstances, such as, but not limited to, natural hazards, road blocks, etc.
4. Order tracking details will be provided via email to the customer.