Terms & Conditions
TERMS & CONDITIONS
Table of Contents
FRAUDULENT /DECLINED TRANSACTIONS.. 4
MODIFICATION OF TERMS & CONDITIONS OF SERVICE.. 6
GOVERNING LAW AND JURISDICTION... 6
REVIEWS, FEEDBACK, SUBMISSIONS.. 7
LIMITATION OF LIABILITY & DISCLAIMERS.. 10
Welcome to Libertina (www.libertina.in) - this website is a service provided by Eves Apparel. Libertina’s service, of Eves Apparel, 4/5 Akash Deep, Zakeria Bunder Road Sewri, Mumbai, India, is compliant with the terms and conditions listed below. By using this website, you are committing to adhere by the stipulated rules and regulations as explained below:
All products, services and information as shown on Libertina constitute an "invitation to offer". Your order for purchase will be regarded as your "offer". Libertina’s terms and conditions, as listed below, are applicable to all “offers” received.
Libertina reserves the right to accept or reject your offer. If you have supplied us with your valid e-mail address, we will notify you by e-mail as soon as possible to confirm receipt of your order. Please consider acceptance of the order once dispatch of the product(s) is initiated from Libertina.
If you are registered on the Libertina website as a business entity, you represent that you have the authority to bind the entity to this User Agreement. Unless otherwise specified, the materials on this website are directed solely at those who access this website from India. Libertina makes no representation that any products or services available on the website are appropriate for use, or available outside India. Those who choose to access this website from outside India are responsible for compliance with local laws as applicable in their respective regions. Libertina will deliver the products only within India. Libertina is not liable for any claims relating to any products ordered from outside India.
Except where additional terms and conditions are provided which are product specific, these terms and conditions surpass all previous representations, understandings, or agreements and shall prevail notwithstanding any changes with any other terms of any order submitted. By using the services of Libertina you agree to adhere to and be bound by the Terms and Conditions.
By agreeing to Libertina’s Terms and Conditions, you are obligated to provide relevant, accurate and complete information about yourself as prompted by Libertina’s registration form. You will update the Registration Data to keep it true, accurate, current and complete. Violation of this agreement, i.e if you provide information that is untrue, incomplete or outdated, or not in accordance with the User Agreement as agreed to you at the time of Registration, Libertina has the right to suspend or terminate your membership and refuse to provide you with access to the Website.
All prices displayed on the website are accurate – however, pricing or typographical errors may occur from time to time. Libertina reserves the right to confirm the price of a product until the order has been officially placed, registered and confirmed. 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, Libertina may or may not refuse or cancel any orders placed for that product, unless the product has already been dispatched. Unless the product ordered by you has been dispatched, your order will not be accepted and Libertina will have the right to modify the price of the product. In such an event, you will be contacted for further instructions. For this purpose the e-mail address provided by you at the time of registration will be used. In the event that Libertina accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Libertina dispatch of the product that you have ordered. In the event that the order has to be cancelled after the stipulated amount has been debited from your account, the said amount will be reversed back to your account.
Libertina does not guarantee that in-store prices will match those shown online. Aligned with our effort to stay competitive and provide our patrons with an effective value proposition, our pricing is dynamic and sensitive to demand. Therefore a difference in retail and online prices may be observed from time to time. Libertina reserves the right to change prices and availability without notice.
Libertina informs all patrons that that an event could occur wherein orders cannot be accepted or placed orders might have to be canceled. This refers to circumstances beyond the control of the Management, for this purpose we reserve the right to refuse or cancel any order for any reason. Libertina may also require additional verifications or information before accepting an order. If your order is, for any reason, modified or canceled, Libertina will reach out to at the earliest. In the event that the order has to be cancelled after the stipulated amount has been debited from your account, the said amount will be reversed back to your account at earliest (subject to refund from our payment gateway partner – DiriecPay).
If you, the user, cancels a placed order before the product has been confirmed, we will reverse the payment transaction and refund the entire amount. However, once the product has been fulfilled, return and refunds will occur in accordance to our return policy. By agreeing to Libertina’s Terms and Conditions, the customer agrees abide by all decisions made regarding cancelations. These will be aligned with the Terms and Conditions as shared by Libertina prior to acceptance of registration.
PAYMENT VIA CREDIT CARD
By opting to make a payment via credit card, you agree, understand and confirm that the credit card details furnished by you to make the purchase on the Libertina website will be correct and accurate. Libertina strictly prohibits the use of a credit card which is not lawfully owned by you. Your credit card information will not be utilized and shared by Libertina with any of the third parties unless required for fraud verifications or by law, regulation or court order. Libertina, or any of its related companies, will not be held responsible for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on the user.
FRAUDULENT /DECLINED TRANSACTIONS
Libertina reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Website fraudulently. Libertina reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions.
All communication with Libertina, through our online Customer Service and/or through e-mail support is considered as electronic communication. By doing this, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
YOU AGREE & CONFIRM
- If a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Libertina for re-delivery shall be claimed from you.
- The services provided by Libertina, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Website and transacting on the Website.
- You will provide authentic and true information in all instances where such information is requested of you. If upon confirmation your details are found not to be true (wholly or partly), Libertina has the right in its sole discretion to reject the registration and debar you from using the Services of Libertina and/or other affiliated websites without prior intimation whatsoever.
- That you are accessing the services available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website
- That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
- That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
- Libertina reserves the right to send transactional emails and SMS's related to any order placed by a customer and the customer agrees that the same will not tantamount to spam. By submitting your mobile number, you agree to receive calls/SMS's from Libertina or its authorized representative, irrespective of your registration on Do Not Disturb (DND) with your telecom service provider.
- That you agree to receive calls from Libertina and its agents, merchants, courier partners seeking clarification/information regarding your order and any other related information as and when required.
YOU MAY NOT USE THE WEBSITE FOR ANY OF THE FOLLOWING PURPOSES:
- Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Gaining unauthorized access to other computer systems.
- Interfering with any other person's use or enjoyment of the Website.
- Breaching any applicable laws;
- Interfering or disrupting networks or web websites connected to the Website.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
All efforts have been taken to ensure that representation of products on the website is as true as possible. However, deviations could occur as result of technical specification such as setting on your monitor, etc. Libertina does not guarantee that the display of any color seen by you is accurate or holding.
MODIFICATION OF TERMS & CONDITIONS OF SERVICE
Libertina reserves the right to change, modify or edit the stipulated Terms & Conditions of use of the website without any prior notification to you. However, the most current version of Libertina’s Terms and Conditions will be available to you at any time on the website. It is advised and strongly recommended by Libertina that you regularly read the Terms & Conditions. In the event the modified Terms & Conditions is not acceptable to you, we urge you to terminate your account. However, if you continue to use the service, it shall be considered, for all intents and purposes, that you are in agreement with the terms shared by Libertina and agree to abide by the conditions as stated in the Terms and Conditions as reflecting on the website.
GOVERNING LAW AND JURISDICTION
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Mumbai shall have exclusive jurisdiction in any proceedings arising out of this agreement.
REVIEWS, FEEDBACK, SUBMISSIONS
Any feedback (e-mail or any other form) provided to Libertina through or regarding this website shall remain as property of Libertina. Such disclosure, submission or offer of any feedback shall constitute an assignment to Libertina of all rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Libertina owns exclusively all such rights, titles and interests and shall not be limited in any way in its use or form, commercial or otherwise, of any Comments.
Libertina reserves the right to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
Libertina hereby informs all users of the Website that any feedback provided is owned by Libertina. The Company is under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. By agreeing to the Terms & Conditions of the website, you agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. Users are also committing that any feedback on the website will not contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of spam.
Aligned with the Company’s policy to provide a conflict-free and pleasant viewing experience, Libertina reserves the right to monitor and edit or remove any Comments submitted to the Website, if found unsatisfactory or disruptive in any way. Libertina also informs patrons that comments may or may not be reviewed on a regular basis. By submitting feedback on the website, you are informed that you are providing Libertina the right to use the name that you submit in connection with any Comments. You are also agreeing not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Libertina and its affiliates for all claims resulting from any Comments you submit. Libertina and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
COPYRIGHT & TRADEMARK
Libertina (Eves Apparel) and any/all of its partners (suppliers and licensors) reserve all intellectual property rights in text, programs, products, processes, technology, content and other materials, which appear on this website. Patrons are requested to note that access to Libertina’s website does not provide users with rights of any kind – users must not misconstrue usage of the website as conferring upon anyone any license under any of Libertina or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Libertina. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Libertina. You are legally prohibited from modifying, distributing or re-posting anything on this website for any purpose. Please note that Social Media platforms are also applicable to this.
All materials, i.e any form of media or information, is solely for personal, non-commercial use. If intended for personal use, you are given permission to download or copy the required material. You are doing so at your own risk, and any damage that may occur as a result of any such downloading or copying is your own responsibility entirely, and not that of Libertina. All software used on this Website is the property of Libertina or its suppliers and protected by Indian and international copyright laws. This Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited.
Unless otherwise noted, all material on the website is intellectual property owned, controlled or licensed by Libertina, or one of its affiliates or by third parties who have licensed their materials to Libertina and are protected by Indian and international copyright laws. The compilation (collection, arrangement, and assembly) of any material on this website is the exclusive property of Libertina. Libertina’s website is also protected by Indian and international copyright laws.
Libertina branding and all related products and service names, design marks and slogans are the trademarks or service marks of Eves Apparel. No trademark or service mark license is granted in connection with the materials contained on this website. By agreeing to the Terms & Conditions, while you are being granted access to this website, it does not authorize anyone to use any name, logo or mark in any manner, for any purpose.
During use of the Libertina website, you may find that references on this website by way of names, marks, products or services of third parties or hypertext links to third party websites. This is to simplify the viewing experience for you and for your convenience, it is not any way to be understood as an endorsement on the part of Libertina, or a recommendation of the third party, information, product or service. Though the website may, at times, direct you to third-party websites, Libertina is not responsible for the content of aby such portals. Libertina is in no way responsible for the content or accuracy of material on such websites. Access to any third-party websites is entirely at the risk of the user.
During your use of this website, you may encounter content can be considered offensive, indecent, or objectionable. By agreeing to the Terms and Conditions of the website, you agree that a risk of this is plausible and you are viewing the website at your own discretion. Libertina and/or its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.
You agree to defend, indemnify and hold harmless Libertina, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Libertina or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
This User Agreement is effective unless and until terminated by either the user in question or Libertina. Until you terminate the agreement, you are bound to all the terms and conditions enlisted herewith. You may terminate this User Agreement at any time, and at that time you will be expected to suspend complete use of the Libertina website. Libertina reserves the right to terminate the User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the website; such termination will be without any liability to Libertina. Upon any termination of the User Agreement by either party, any content or material downloaded, copied or otherwise acquired from the website as well as all copies of such materials, whether made under the User Agreement or otherwise shall be destroyed immediately. Libertina's right to any feedback or material shared by the user will be exempt from the above listed clauses pertaining to the termination of this User Agreement. Please note that termination of the User Agreement after an order has been placed on the website, does not nullify your commitment to pay for any products ordered from the website or remove any liability that might have previously arisen due to violation of this agreement.
LIMITATION OF LIABILITY & DISCLAIMERS
The users of this website are requested to note that the use of the Libertina website is provided without any warranties or guarantees. All rules and regulations are subject to an "As Is" condition. You agree to bear the risks associated with the use of the website.
On occasion, this website may provide content from other Internet websites or resources. While the effort is to ensure that all material and content that is presented to you is accurate and reliable, Libertina does not accept any responsibility for cases when content may not be aligned with these values. Moreover, Libertina is not responsible for any errors or omissions that may occur based on the use of such information or for any technical problems you may experience with the website.
This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement.
To the fullest extent permitted under applicable law, Libertina or its suppliers are not to be held liable to responsible for any damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the website, its services or this User Agreement.
Without prejudice to the generality of the section above, the total liability of Libertina to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by you.
Libertina, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, current-ness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Libertina assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not meant for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "spamming," "mail bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Libertina will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Libertina on this Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer, Google Chrome, Mozilla Firefox).
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Libertina with respect to the Libertina websites/services/products. This agreement is to be regarded as the foremost agreement document between the Company and yourself. It supersedes all prior or concurrent communications and proposals, whether electronic, oral or written, between you and Libertina with respect to the Libertina websites/services/products. Libertina's failure 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.