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Terms of Use

 

Customers are required to read, understand and accept the Terms and Conditions (T&C) before merchandise is ordered online, which, upon acceptance shall govern the relationship between the customer and the Company including the sale and supply of any Products on the site. If this T&C conflicts with any other document, the T&C will prevail for the purposes of usage of the Site. If you do not agree to be bound by this T&C and the Privacy Policy, you may not use the Site in any way. The Company provides the goods and services only subject to the T&C.

Please read these terms and conditions carefully as these T&C as modified or amended from time to time is a binding contract between the company and the customer.

By placing an order, the customer opts to purchase voluntarily selected merchandise based on standard Site restrictions, Merchant specific restrictions, and on the terms and conditions stated below.

The Company reserves the right to make any changes to our Terms and Conditions and/or the Privacy Policy, as incorporated herein. The Company recommends that customers re-read T&C and Privacy Policy from time to time in order to stay updated as to any such changes.

The following are the Terms & Conditions:

 

1. Description of Services

In the Site, the Company provides users with access to sales of electronic items, development services, marketing services, consulting services, business solutions, etc. online (the “Service”).

 

2. General

This Agreement sets forth the terms and conditions that apply to the use of the Site by the User. By using this Site, the User agrees to comply with all of the T&C hereof. The right to use the Site is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of their password(s), if any. The User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the Internet. While it is the Company’s objective to make the Site accessible 24 X 7, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. The customer must understand and acknowledge that due to circumstances both within and outside of the control of the Company, access to the Site may be interrupted, suspended or terminated from time to time in spite of the best efforts and intentions. The Company shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Company may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

 

3. Modified Terms.

The Company reserves the right at all times to discontinue or modify any of our T&C and/or our Privacy Policy, as we deem necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. The customer must re-read this important notice containing our T&C and Privacy Policy from time to time in order to stay updated as to any such changes. If the Company makes changes to our T&C and Privacy Policy and the customer continues to use the Site, he is deemed to imply agreeing to the T&C and Privacy Policy expressed therein. Any such deletions or modifications shall be effective immediately upon the Company’s posting thereof. Any use of the Site by User after such notice shall be deemed to constitute acceptance by the User of such modifications.

 

4. Equipment

The User shall be responsible for obtaining and maintaining telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto. The Company shall not be liable for any damages to the User's equipment resulting from the use of the Site.

 

5. License and Site Access

The Company grants customers a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Webmuch’s sole discretion) an unreasonable or disproportionately large load on Webmuch infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. The customer may not bypass any measures used by Webmuch to prevent or restrict access to the Site. Any unauthorized use by the customer shall terminate the permission or license.

 

6. Membership Eligibility

The Service is not available to minors under the age of 18 or to any users suspended or removed from the system by Webmuch for any reason. Users may not have more than one account. Maintaining more than one account by a user shall amount to fraudulent act on part of the user and attract actions against such user in accordance with the terms of clause 11 below. Additionally, users are prohibited from selling, trading, or otherwise transferring their account to another party. If you do not qualify, you may not use the Service or the Site.

The Company owns no responsibility in any manner over any dispute arising out of transactions by any third party using customer account / e-mail provided by a customer to the Company or payments made by credit card to any third party.

 

7. Customer Account

In consideration of use of the Site, the customer represents that he is of legal age to form a binding contract and is not a person barred from receiving services under the laws as applicable in India. The customer also agrees to provide true, accurate, current and complete informations about himself as prompted by the Site's registration form. If any information provided is untrue, inaccurate, obsolete or incomplete or Webmuch has reasonable grounds to suspect that such information is untrue, inaccurate, obsolete or incomplete, The Company shall has the right to suspend or terminate customer account and refuse any and all current or future use of the Site (or any portion thereof). The customer shall be responsible for maintaining the confidentiality of the account and password including cases when it is being used by any of your family members, friends or relatives, whether a minor or an adult. The customer further agree to accept responsibility for all transactions made from his account and any dispute arising out of any misuse of the account, whether by any family member, friend, relative, any third party or otherwise shall not be entertained by the Company. Webmuch reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

 

8. Pricing Information in case of sale by Webmuch

Webmuch strives to provide its customers with the best prices possible on products and/or services you buy online, however, Webmuch does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without any prior notice. The prices mentioned on the Site are not subject to comparison with the same or similar product(s) and/or service(s) available through any online or off-line sale. The pricing is subject to Webmuch’s pricing policy and the prices shall be determined only at Webmuch’s sole discretion.

While Webmuch strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Webmuch may, at its discretion, either contact the customer for instructions or cancel his order and notify him of such cancellation. Webmuch will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by him during the time of registration, or cancel the order and notify him of such cancellation. In the event that Webmuch accepts his order, the same shall be debited to his credit /debit card account. The payment may be processed prior to Webmuch’s dispatch of the product that he has ordered. If Webmuch have to cancel the order after processing the payment, the said amount will be reversed back to his credit / debit card account.

 

9. Cancellation by Webmuch

Please note that there may be certain orders that the Company is unable to accept and must cancel. The Company reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in the order being canceled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by its credit and fraud avoidance department or any defect regarding the quality of the product. The Company may also require additional verifications or information before accepting any order for which the Company may contact a customer if all or any portion of the order is canceled or if additional information is required to accept the order. If the order is canceled after his credit / debit card has been charged, the said amount will be reversed back in the Card Account.

 

10. Cancellations by the Customer

In case of requests for order cancellations, Webmuch reserves the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if the Company receives a cancellation notice and the order has not been processed, Webmuch shall cancel the order and refund the entire amount. A request for cancellation of order shall be valid and accepted only if they are made within 24 (twenty four) hours of making the order on the Site. Webmuch will not be able to cancel orders that have already been processed or orders for which request for cancellation is made after the expiry of 24 (twenty hours) from making the order. Webmuch shall have the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by Webmuch and accept the decision regarding the cancellation.

 

11. Fraudulent /Declined Transactions

Our fraud detection team constantly monitors the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and Webmuch reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. Webmuch reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, Webmuch reserves the right to immediately delete such account and dishonor all past and pending orders without any liability. For the purpose of this clause, Webmuch shall owe no liability for any refunds.

 

12. Credit / Debit Card Details

The customer agrees, understands and confirms that the credit / debit card details provided by him for availing of services from Webmuch will be correct and accurate and shall not use the credit / debit card unlawfully. The customer further agrees and undertakes to provide the correct and valid credit / debit card details to Webmuch. The said information will not be utilized and shared by Webmuch with any of the third parties, unless required for fraud verifications or by law, or court order. Webmuch will not be liable for any credit / debit card fraud. The liability for use of a card fraudulently will be on the customer and the onus to 'prove otherwise' shall be exclusively on the customer.

 

13. Submitted Content

Webmuch does not claim ownership of any materials a customer makes available through the Site. At Webmuch’s sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials submitted or made available for inclusion on the Site, the customer grants Webmuch a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. The customer hereby represents, warrants and covenants that any materials provided by him does not include anything (including, but not limited to, text, images, music or video) to which he does not have the full right to.

 

14. Disclaimer of Warranty

All content, products, and services on the site, or obtained from a website to which the site is linked (a "linked site") are provided to you "as is" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. All warranties, if any, relating to the product and services would be provided by the manufacturer/supplier of such product and not by fashion and you. Any claim in relation to the same should be raised against respective manufacturer/supplier and not fashion and you in any case whatsoever. Webmuch does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the site by any party other than fashion and you, (b) any content provided on linked sites or (c) the capabilities or reliability of any product or service obtained from a linked site. Other than as required under applicable consumer protection law, under no circumstance will fashion and you be liable for any loss or damage caused by a user's reliance on information obtained through the site or a linked site, or user's reliance on any product or service obtained from a linked site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.

 

15. Limitation of Liability

The customer expressly understands and agrees that Webmuch and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to him for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, opportunity, goodwill, use, data or other intangible losses (even if Webmuch has been advised of the possibility of such damages), resulting from use of the site, sale and supply of goods content or any related/unrelated services and other services offered on the website from time to time.

 

16. Indemnity

The customer agrees to indemnify and hold Webmuch (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, including but not limited to reasonable attorneys’ fees, or arising out of or related to your breach of this T&C, or your violation of any law or the rights of a third party.

 

17. Electronic Communication

When a customer uses the Site or send emails to Webmuch, he is deemed to be communicating with Webmuch electronically and to have consented to receive communications from Webmuch electronically. Webmuch will communicate with him by email, SMS or by posting notices on the Site. The customer agrees that all agreements, notices, disclosures and other communications received electronically shall satisfy any legal requirement.

 

18. Site-Provided Email and Postings

The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. Webmuch is under no obligation to review any messages, information or content (“Postings”) posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Webmuch may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. The customer understands and agrees not to use any functionality provided by the Site to post content or initiate communications that contain (i) any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law; (ii) advertisements or solicitations of any kind; (iii) impersonate others or provide any kind of false information; (iv) personal information such as messages which state phone numbers, account numbers, addresses, or employer references; (v) messages by non-spokesperson employees of Webmuch purporting to speak on behalf of Webmuch or containing confidential information or expressing opinions concerning Webmuch; (vi) messages that offer unauthorized downloads of any copyrighted or private information; (vii) multiple messages placed within individual folders by the same user restating the same point; (viii) chain letters of any kind; (ix) identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message.

 

19. Links

The Site or third parties may provide links to other World Wide Web sites or resources. Because Webmuch has no control over such sites and resources, the customer acknowledges and agrees that Webmuch is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. The customer further acknowledges and agrees that Webmuch shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

 

20. Access to Password Protected/Secure Areas

Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

 

21. Modifications and Notification of Changes

Webmuch reserves the right to make changes to the Site, related policies and agreements, this T&C and the Privacy Policy at any time. If Webmuch makes a material modification to this T&C, it will notify to the customer by: (i) sending an email to the email address associated with the customer account. Webmuch is not responsible for customer’s failure to receive an email due to any action of his ISP or any email filtering service. The customer should add the Site to the list of domains approved to send him email and display prominent announcements above the text of this T&C or the Privacy Policy as appropriate for thirty (30) days with sufficient notification, of such changes. After notice of a modification to the T&C or the Privacy Policy posted for 30 days, the notice will be removed and a brief description of the modification and the date that it went into effect will be placed in the Historical Modifications section at the end of the T&C. If the customer has not used the Site for more than 30 days, he should check these sections for any modifications to the T&C or Privacy Policy prior to any further use of the Site. Should the customer wish to terminate his account due to a modification to the T&C or the Privacy Policy, he may do so by sending an email with the subject line “Termination” to the Company. If he chooses to continue using the Site, he shall by doing so deem to accept the new T&C or Privacy Policy as relevant and applicable. It is the moral obligation of the customer to update any change in his email address.

 

22. Trademark

The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Webmuch. Users are prohibited from using any Marks for any purpose on other pages or sites on the World Wide Web without the written permission of Webmuch or such third party that may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.

The Site contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of the Company protected by copyright as a collective work under the applicable copyright laws. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print / save copyrighted material for the User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of the Company and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with the Company shall not be deemed to be in the public domain but rather the exclusive property of the Company, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of the Company, unless otherwise stated.

User shall not upload post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. The Company does not have any express burden or responsibility to provide the Users with indications, markings or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Site, User warrants that the owner of such material has expressly granted the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other end user to access, view, store or reproduce the material for that end user's personal use. User hereby grants the Company, the right to edit, copy, publish and distribute any material made available on the Site by the User. The foregoing provisions of Section 22 apply equally to and are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

 

23. Billing

The price of our merchandise is inclusive of applicable VAT or any other tax. The VAT charged shall depend upon the destination where the order has to be shipped. The tax rate applied to the order will be the combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. Webmuch reserves the right to collect taxes for shipping charges wherever applicable.

 

24. Duration of Sale

Each sale shall last from 24 to 72 hours only. Therefore, it is the customer’s responsibility to login earlier if they want to avail better products or styles because Webmuch sales are “first come, first served”. The merchandise is not restocked once sold out. No information regarding the presence of any Product in stock will be given and an alert will be issued only when an item is sold out.

 

25. Returns and Exchange

The customer acknowledges and agrees that these terms of returns and exchange are limited to direct sale by Webmuch to the customer and that these terms of returns and exchange are not available in case of a sale by third party and invoice which shall be governed by the terms of such sale. Webmuch may accept returns for account credit only. For this purpose, Webmuch must receive the merchandise within 14 days from the date it was shipped. Items must be unused and undamaged by the customer. Goods will be returned only if they are returned in their original packaging, including all the tags, stickers and documentation material. Webmuch does not provide cash refund on any goods sold. Goods once sold can only be exchanged for replacement or a store credit if they meet the terms and conditions. Since Webmuch keeps a limited inventory and it may not always have all models available and under such circumstances the amount paid by a customer can be used by him whenever he shops with Webmuch next time. All conditions applicable to return of goods shall also apply to exchange of goods. To return an item, the customer must write to Webmuch at info@webmuch.com. A prompt response is assured to such mails. Alternatively, the customer may even call at our customer care number +1844-620-1720. If the customer is not satisfied with the product received by him for any reason, he may exchange the product at the sole discretion of Webmuch or receive a refund. Webmuch is not liable for any damages caused to the product during transit.

 

26. Refund Clause

For the purpose of this clause, account credit means credit issued to customer account for the entire purchase amount less the shipping costs. Customer account credit can be used towards your next purchase with Webmuch.

 

27. Redemption of Credit

In case of returns/exchange, Webmuch shall provide store credit to the users if the requested return/exchange could not be performed. The user shall be provided with a store credit upon the completion of the return/exchange process and the same shall have a validity of 3 (three) months from the date of issue of the store credit voucher. Also visit our clause pertaining to the refund/exchange policy. The credit cannot be used in parts and has to be used as a whole only. Only one credit is allowed per transaction.

 

29. Offer and Schemes Redemption

Webmuch reserves the right to change / modify / add / delete any of the terms and conditions prevailing on the different promotional schemes or offers it introduces in market from time to time. Webmuch at its discretion can withdraw a particular scheme or offer from the website or market.

 

30. Webmuch Contests

Webmuch reserves the right to introduce various contests from time to time to promote products and services. The terms and conditions for such Contests shall be separately available on the Site. In the event of any conflict between these T&C and the terms and conditions pertaining to any Contest, such terms and conditions shall prevail.

While participating in the Webmuch’s Contest the customer hereby agrees to release and hold Webmuch (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, including but not limited to reasonable attorneys’ fees, or arising out of or related to his participation in the said Contest.

 

31. Delivery

Webmuch endeavors, but does not guarantee, to deliver the products to customers within 10 days from the day of close of sale depending upon the shipping location. If the customer fails to take delivery of the goods, Webmuch may at its discretion charge you for the additional shipping cost.

Further, Webmuch may at times be unable to deliver the confirmed order(s) due to reasons one or more of the reasons: (i) unavailability of the relevant product; (ii) failure of the concerned manufacturer/supplier/importer to deliver relevant product to Webmuch; (iii) poor/improper/defective quality of the relevant product ascertained through our quality audit process; and (iv) inaccuracies or errors in product or pricing information. In the event of any circumstance(s) as aforementioned; the customer shall not be entitled to any damages, monetary compensation, redeemable vouchers and/or store credits.

In case Webmuch is unable to deliver the confirmed order(s) as mentioned hereinabove and the payment for such order(s) will be reversed back in customer’s card account.

 

32. Termination and Survival of Terms after Agreement Ends

The Company may terminate this Agreement at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate any passwords or accounts of the User in the event of any conduct by the User which the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by the User of this Agreement. Notwithstanding any other provisions of this T&C, or any general legal principles to the contrary, any provision of this T&C that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this T&C.

 

33. Miscellaneous

If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time, Webmuch may offer special promotional offers, which may or may not apply to customer’s account. To avail of such promotional offers, the customer agrees to be bound by any additional terms and conditions for these special offers, which are laid down by Webmuch. The laws, as applicable in India, will govern this T&C and the relationship between the customer and Webmuch. Any disputes will be handled in the competent courts of New Delhi, India. The failure of Webmuch to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Webmuch does not guarantee it will take action against all breaches of this T&C. Except as otherwise, expressly provided in this T&C, there shall be no third-party beneficiaries to this T&C. This T&C constitutes the entire agreement between customer and Webmuch and governs his use of the Site, superseding any prior agreements between the customer and Webmuch with respect to the Site.