Subject to the Terms and Conditions set out on this page, PASHMKAAR (hereinafter referred to as ‘PASHMKAAR’ )We/Us having registered office at Nigeen, Hazratbal Road, Srinagar, Kashmir, 190006 and/or its affiliates provides you access to the website pashmkaar.com (hereinafter referred to as the “Website”).
Prior to the use of the said website, carefully read the set Terms and Conditions which are applicable to you for and during the use of the Website. By using this Website and/or transacting on this Website, you are deemed to have read the Terms and Conditions and agree to be legally bound by the said Terms and Conditions.
Further, any current or future use of the Website or its services subjects you to the terms and conditions, and the applicable guidelines enforceable by law (hereinafter referred to as “Terms”), to which PASHMKAAR and its services are subjected to, or, to the said Terms that are applicable on PASHMKAAR and its services. If the Terms and Conditions set herein are inconsistent with such Terms, then the said Terms will hold.
For the purpose of these Terms and Conditions, wherever the context so requires “you” shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as a Registered Buyer using the computer systems. PASHMKAAR allows you to surf the Website without registering on the Website, however, to make purchases, you must be registered on the Website
These "Terms and Conditions" have been published in accordance with Rule 3(1) of Information Technology (Intermediary Guidelines) Rules, 2011. Further, this set of Terms and Conditions constitutes an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
PASHMKAAR reserves the right, at PASHMKAAR’s sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time without any prior written notice to you. It is your responsibility to review these Terms and Conditions periodically for updates/changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms and Conditions, PASHMKAAR grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website
ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS, SO PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms and Conditions, you also accept and agree to be bound by PASHMKAAR Policies on the website (including but not limited to Privacy Policy, etc.) as amended from time to time.
Terms Relating to Your Use of the Website Eligibility
Usage of, and purchases at the Website is available only to persons who can form legally binding contracts under the Indian Contract Act, of 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, un-discharged insolvents, etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register on the PASHMKAAR website and shall not transact on or use the Website. As a minor, if you wish to use or transact on the Website, such use or transaction may be made by your legal guardian or parents on the Website. PASHMKAAR reserves the right to terminate your account and/or refuse to provide you with access to the Website if it is brought to PASHMKAAR's notice or if it is discovered that you are under the age of 18 years.
All persons wishing to use, register on, and purchase at the Website shall provide the following information – a). Name, b). Mobile Number c) Email ID & d). Pin Code,
User Account
Your use of this website is at your own risk. You are responsible for maintaining the secrecy and confidentiality of your account and password and for restricting access to your computer to prevent any unauthorized access to your account on this website.
You agree to undertake all the responsibility for any and all activities that occur under your account or password. You must take all the appropriate imperative measures to maintain the confidentiality and security of your password. In case of a breach of such confidentiality or if you have any reason to believe that your password has become known to someone else and/or is being used in any unauthorized manner, you must inform us of the said circumstances without any delay and must change the password, if so required.
You are required to provide us with correct and complete details while registering and thereafter, ensure to update any change in the details that you provided at the time of registering without any unreasonable delay. You can access and update much of the information you provided us with in your account area of the website.
You agree and acknowledge that you will use your registered account on the website to purchase products only for your personal use and not for business purposes.
PASHMKAAR reserves the right to refuse access to the website, terminate accounts, or remove or edit content at any time without notice to you.
Access to the website
PASHMKAAR will take all reasonable measures to ensure the availability of uninterrupted access to the website and error-free transmissions. However, such access and/or transmissions may be interrupted due to faulty internet. Additionally, the usage and access to this website may occasionally be suspended or restricted, due to reasons pertaining to maintenance or induction of new facilities or services at any time without prior notice.
Subject to your compliance with these Terms & Conditions and payment of applicable fees, if any, PASHMKAAR grants you a limited license to visit, use, and access this website, for personal use only, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of PASHMKAAR and/or its affiliates, as may be applicable.
This license does not include:
any resale or commercial use of this website or its contents;
any collection and use of any product listings, descriptions, or prices;
any derivative use of this website or its contents;
any downloading or copying of account information for the benefit of another seller;
any use of data mining, robots, or similar data gathering and extraction tools.
Including but not limited to any copyrighted material, trademarks, and/ or other proprietary information, any portion of or this website must not be reproduced, duplicated, imitated, copied, sold, resold, visited, distributed, or otherwise exploited for any commercial purpose without the express written consent of PASHMKAAR or its affiliates, as may be applicable.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PASHMKAAR and of its affiliates or any third party, used on the Website, without their express written consent.
You may not use any meta tags or any other hidden text utilizing PASHMKAAR or its affiliates' names and/or trademarks without the express written consent of PASHMKAAR and/or its affiliates, as applicable.
The permission or license granted by PASHMKAAR and/or its affiliates, as applicable may be terminated in case of any unauthorized use by you.
You must not use any PASHMKAAR logo or other proprietary graphic or trademark without the express consent of PASHMKAAR and/or its affiliates.
Use of the website
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not PASHMKAAR, are responsible for all electronic communications and content sent from your computer to us and that you must use the website for lawful purposes only.
You must not use the website for any of the following:
for fraudulent purposes, or in connection with a criminal offense or other unlawful activity;
to cause annoyance, inconvenience or needless anxiety;
to host, display, upload, modify, publish, transmit, update or share any information that:
belongs to another person and to which you do not have any right;
is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harms minors in any way;
infringes any patent, trademark, copyright, or other proprietary rights of any third party and/or violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information that is grossly offensive or menacing in nature and/or impersonates another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer resource;
threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
User Content on the Website
While using the Website, you may send communications and submit suggestions, ideas, comments, questions, or other information, provided the said content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam.
In case you use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content, PASHMKAAR shall have the right, to remove, refuse, delete or edit any content that in the sole judgement of PASHMKAAR violates these Terms and Conditions of Use and/or terminate the permission to access or use this website given to the user.
With respect to the content or material posted by you, unless specified otherwise by us, you grant PASHMKAAR and its affiliates:
a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works therefrom, distribute, and display such content throughout the world in any media; and
the right to use the name that you submit in connection with such content.
You agree that the rights granted by you to us in the content posted by you on the website are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material.
You agree to perform all further acts necessary to perfect any of the above rights granted by you to PASHMKAAR, including the execution of deeds and documents, at its request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post or otherwise provide on or through the website and that, as on the date of provision of the content or material to PASHMKAAR:
the content and material are accurate;
use of the content and material you supplied does not breach any applicable PASHMKAAR Terms and Conditions and will not cause injury to any person or entity (including that the content or material is not defamatory); and
the content is lawful.
You agree to indemnify PASHMKAAR and its affiliates for all claims brought by a third-party action, against PASHMKAAR and/or its affiliates arising out of or in connection with a breach of any of these warranties by you.
Notwithstanding its reasonable efforts on that behalf, PASHMKAAR cannot take responsibility or control the information provided by other users that is made available on the Website. You may find other user's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website
You may also notify our Grievance Officer at info@pashmkaar.com , clearly identifying the objectionable content and specifying your reason for believing the said content to be objectionable and shall also provide your complete contact details. Once this procedure has been complied with, PASHMKAAR will make all reasonable endeavors to remove such objectionable content complained about within a reasonable time.
Accordingly
All commercial/contractual terms are offered by and agreed to between you and PASHMKAAR. The commercial/contractual terms include without limitation, price, shipping costs, payment methods, payment terms, date, period, and mode of delivery, warranties related to products, and after-sale services related to the products.
You can take a close look at the Website for a complete description of the products. In spite of PASHMKAAR doing its best to describe and present the products being sold on the Website as accurately as possible, some product characteristics may be altered slightly. Despite all precautions by PASHMKAAR, there may be inadvertent errors, and PASHMKAAR shall not under any circumstances be held liable should this arise. The photographs of products shown on the Website are not contractually binding. Under no circumstances may PASHMKAAR be held liable on the basis of said photographs or description of the products being sold. PASHMKAAR also does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc.) of the products to be sold or offered to be sold or purchased on the Website.
You shall be responsible for any non-performance or breach of any contract entered into between you and PASHMKAAR.
PASHMKAAR attempts to keep the elements mentioned on its website accurate and complete. In particular, the information about pricing, specifications, and in general case all information about PASHMKAAR’s products is subject to change without notice. It is possible that there could be errors or omissions in the information provided on this Website. The information could also be incomplete. PASHMKAAR is not responsible for any errors, omissions, or representations on any of PASHMKAAR’s pages or any links on any of PASHMKAAR’s pages.
Nothing on the Website constitutes or is meant to constitute, advice of any kind.
You will be required to enter a valid phone number and email address while placing an order on the Website. By registering your phone number and email address with us, you consent to be contacted by PASHMKAAR via phone calls and/or SMS notifications and/or application-based communication platforms, in case of any order or shipment or delivery-related updates and further consent to PASHMKAAR to initiate any promotional phone calls, emails or SMS or based communications for promotion.
Registration
Membership on the Website is free. PASHMKAAR does not charge any fee for browsing and buying on the Website.
Communications
When you use the Website or send emails or other data, information, or communication to us, you agree and understand that you are communicating with PASHMKAAR through electronic records and you consent to receive communications via electronic records from PASHMKAAR periodically and as and when required.
PASHMKAAR may communicate with you by e-mail, SMS, phone call, or by posting notices on the Website or by any other mode of communication.
For contractual purposes, you consent to receive communications (including transactional, promotional, and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website.