Terms of Use

This website is operated by KUSHNI . Throughout the site, the terms “we”, “us” and “our” refer to KUSHNI . KUSHNI offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

This user agreement (“Terms and Conditions” or “T&C” or “Terms” or “Agreement” or "Terms of Service" ) is between you (“you” or “End User” or “your” or “Buyer” or “Customer” or “Registered User”) and KUSHNI (“Company” or “us” or “we” or “Goodearth.in”). This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures .Not withstanding anything contained or said in any other document, if there is a conflict between the terms mentioned herein below and any other document, the terms contained in the present T&C shall alone prevail for the purposes of usage of the Site.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

INTRODUCTION

The domain name Kushni.in and trademarked brand name KUSHNI is registered in the name of Maketh Atelier Pvt.Ltd,  a company registered under the Companies Act, 2013 having registered office in Borivali, Mumbai City, Maharashtra, India- 400 103.

Our online store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

RIGHT TO CHANGE

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

PRIVACY

We view protection of your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. If you object to our current Privacy Policy and your information being transferred or used in this way please do not use Website.

USE OF MATERIALS ON WEBSITE

KUSHNI has created this Website to provide information about its company and products for your personal use. Whilst considerable effort has been made to ensure that the visual representations of KUSHNI products displayed on the Website are representative of the colour, design and style etc. of the original products, slight variations, distortions and/or differences may be apparent when compared to the original product. This may, for example, be due to technical issues such as your browser or computer settings. Accordingly, KUSHNI cannot be held liable for any apparent differences in the product images represented on the website and the original products. 

You should assume that everything that you see or read on the Website (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials) ( "KUSHNI") is protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide unless otherwise stated therein.

You are not authorised to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare derivative or second-hand works based on or use any KUSHNI material in any way for any public or commercial purposes. Furthermore, KUSHNI material may not be displayed or communicated on any other platform, in a networked computer environment or on any other digital platform for any purpose whatsoever. In the event of breach of any of these Terms of Use, your permission to use KUSHNI will automatically terminate and any copies made of KUSHNI must be immediately destroyed. Any unauthorised use of KUSHNI may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications, regulations and statutes.

ELECTRONIC COMMUNICATIONS

When you use any of our Services, or send e-mails to us, you are communicating with us electronically. You by using our services consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through other Services. 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. The legal requirements would be inconformity with the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

USER RESPONSIBILITY AND REGISTRATION OBLIGATIONS

If you use the Website as Registered User, you agree that you are competent to contract within the meaning of the Indian Contract Act, 1872. KUSHNI reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to its notice or if it is discovered that you are under the age of 18 years. You are solely responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter-alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by You as a Visitor or user of a third party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, KUSHNI has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.

As a condition of purchase, the Site requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. You can opt-out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences. Please see our Privacy Policy for details. The offers made in any promotional messages sent via emails/SMS/MMS shall be subject to change at the sole discretion of KUSHNI and KUSHNI owes no responsibility to provide you any information regarding such change.

You undertake not to host, display, upload, modify, publish, transmit, update or share any information that is contained on the website that:

belongs to another person and to which you does not have any right to; is grossly harmful, harassing, blasphemous; defamatory, obscene, pornographic, paedophilic, libellous, 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; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate 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, defence, security or sovereignty of India, friendly relations with foreign states, or or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation. That in case it is found that you are in violation of these express conditions, you shall be solely responsible and shall face all legal consequences of the same by yourself and that KUSHNI shall in no manner be held responsible for the same

That in case it is found that you are in violation of these express conditions, you shall be solely responsible and shall face all legal consequences of the same by yourself and that KUSHNI shall in no manner be held responsible for the same.

Goods listed in this invoice are not meant for resale.

BILLING

The price of our merchandise as mentioned on Kushni.in is the Maximum Retail Price (MRP) for the said product. Such MRP shall be inclusive of all local taxes as are applicable in India. Additional applicable taxes may be charged depending upon the destination where the order has to be shipped to. The tax rate applied and charged upon the order shall include combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. KUSHNI reserves the right to collect taxes and/or such other levy/ duty/ surcharge that it may have to incur in addition to the normal taxes it may have to pay. We may also charge Delivery Charges which may include postal charges/ shipment charges etc. that may be applicable for your country.

PRICING POLICY

All prices (if shared on the website www.kushni.in) are stated in Indian Rupees and are subject to change, at any time and without notice. KUSHNI reserves the right to change prices without prior notice at any time. KUSHNI carries out checks on a regular basis to ensure that the prices shown are correct. However, certain prices may be impacted by an error.

HYPERLINKS POLICY

By providing links to third-party websites, KUSHNI does not guarantee, approve or endorse the information or products or services available on its website. KUSHNI makes no warranty as to the accuracy, lawfulness or use of resources available on its website.

KUSHNI shall not be liable for updating of any and all web links referenced on www.kushni.in nor for the availability of such external sites or resources. KUSHNI  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 websites.

KUSHNI  is not responsible for hyperlinks from any third-party websites to the KUSHNI  website and reserves the right to refrain anybody from establishing a link pointing to the KUSHNI website at any time.

ORDER CANCELLATION BY KUSHNI

Due to unavoidable circumstances there may be times when certain orders having been validly placed may not be processed or capable of being dispatched. KUSHNI reserves the exclusive right to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card/ debit card/ any other mode of payment has been charged, the said amount will be reversed into your Account/ as the case may be to the source of the payment within a period of 30 working days. Any type of voucher used in these orders shall be returned and made available to the user in case of cancellation by KUSHNI.

SHIPPING & PROCESSING FEE

Our shipping and processing charges are intended to compensate KUSHNI for the cost of processing your order, handling and packing the products you purchase and delivering them to you. For further information please refer to our Shipping & Payment Policy.

ORDER CANCELLATION 

No cancellations will be accepted once the order is placed.

No Refunds will be provided by KUSHNI on refusal of order delivery/ acceptance by buyer/user. 

PAYMENT

While availing any of the payment method/s offered by us, we are not responsible or take no liability ofwhatsoever nature in respect of any loss or damage arising directly or indirectly to you including but not limited to the following: (a) lack of authorization for any transaction/s; (b) or exceeding the preset limit mutually agreed by you and between your “Bank/s”; (c) or any payment issues arising out of the transaction; (d) or decline of transaction for any other reason/s.

All payments made against the purchases/services on Kushni.in by you shall be as against the MRP displayed on the website and shall be in terms and conditions of the third party Online Payment Gateway Services as adopted and applicable to your transaction as approved by KUSHNI. Before shipping your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done so as to ensure a safe and a fool proof online shopping environment to our users.

KUSHNI may employ RazorPay, PayPal and such other third party facilities, for Payments on the Website. Use of such third party services will be governed by their User Agreement, Seller Terms, Conditions and other rules and policies as may be required and applicable for your nature of activities.

DELIVERY

KUSHNI endeavors but does not guarantee delivery of products in the stipulated time period as mentioned on the purchase of the product. In no manner can the contract be repudiated if KUSHNI fails to deliver any one or more products in the stipulated time frame. However, if you fail to take the delivery of the goods, KUSHNI may at its discretion charge you for additional shipping cost.

LOSS IN TRANSIT

KUSHNI endeavors but does not guarantee delivery of products in the stipulated time period as mentioned on the purchase of the product. In no manner can the contract be repudiated if KUSHNI fails to deliver any one or more products in the stipulated time frame. However, if you fail to take the delivery of the goods, KUSHNI may at its discretion charge you for additional shipping cost.

REFUNDS & RETURNS

KUSHNI shall make all endeavors to deliver defect free products to the purchasers. KUSHNI does not take title to any returned items purchased by the user unless the item is received by KUSHNI. Any item purchased on our website does not qualify for any return unless the product delivered is damaged or has manufacturing defects. The defective and/or damaged goods so received shall be communicated to KUSHNI within 48 hours of its receipt. Any communication received after 48 hours of delivery shall not qualify for return unless expressly covered by the product warranty even in case the said product has been wrongly delivered.

KUSHNI holds the sole discretion to determine whether a refund can be issued. For further information please read our Returns & Exchanges Policy.

PRODUCT DESCRIPTIONS

Products displayed on KUSHNI attempts to be as accurate as possible. However, KUSHNI does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. KUSHNI is not liable to issue any refunds or allow exchanges and/or returns as a matter of policy in matters of subjective interpretation of visual or textual description of the product.

PRODUCT COMPLIANCE

Products displayed/ sold on the KUSHNI website are manufactured/ procured as per the applicable Local Laws of India and are in conformity with the required Indian industry standards.

PRODUCT PRICING DISCLAIMER

Further the prices displayed in our catalogs are quotes which may vary from country to country for the same product. Prices shown on the website both for India and in other International Countries are subject to change without prior notice. These prices only reflect the MRP and do not include shipping and taxes which may be extra as applicable.

INACCURACY DISCLAIMER

From time to time there may be information on our Website or in our catalog that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. KUSHNI reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

WARRANTIES & LIABILITY

All information, content, materials, products (including software) and other services included on or otherwise made available to you by KUSHNI are provided on an AS IS and AS AVAILABLE basis, unless otherwise specified in writing. KUSHNI makes no representations or warranties of any kind, express or implied, as to the operation of the services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through KUSHNI, unless otherwise specified in writing. You expressly agree that your use of the website is at your sole risk.

KUSHNI does not warrant that this Website will be constantly available, or available at all or that any information on this Website is complete, true, accurate or non-misleading.

We will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all risks associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website, and that KUSHNI shall not be liable for any damages of any kind related to your use of this Website.

Though KUSHNI shall make all endeavor to protect its websites from any viruses or other illegal use of its website. However we do not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; its servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on Website constitutes, or is meant to constitute, advice of any kind.

All the Products sold on Website shall be solely governed by the Indian Laws. In the event we are unable to deliver such Products due to implications of different territorial laws, we will return or will give credit for the amount (if any) received in advance by us from the sale of such Product that could not be delivered to You. It is YOUR responsibility to ensure that the products purchased on this website is not restricted in your territory. KUSHNI shall not be responsible for any non-compliance with regard to the local laws of that territory for any product available on this website.

KUSHNI will not be liable for any damages of any kind arising from the use of any service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through the website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

INDEMNITY

You agree to indemnify and shall not hold KUSHNI (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) for 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 or any damage to life and/or property caused by the products delivered.

BREACH

In the event you are found to be in breach of the Terms of Use or Privacy Policy or other rules and policies or if we are unable to verify or authenticate any information you provide or if it is believed that your actions may cause legal liability for you, other users or us, without limiting to the present, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website. Any user that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such user is reinstated by us.

Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other rules and policies, we reserve the right to recover any amounts due and owing by you to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

Any breach of any applicable local laws of that territory shall also result in, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website.

SEVERABILITY

We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

WAIVER

The failure by KUSHNI to enforce at any time or for any period any one or more of the terms or conditions of the Agreement shall not be a waiver by KUSHNI of them or of the right any time subsequent to enforce all Terms and Conditions of this agreement.

FORCE MAJEURE

Failure on the part of KUSHNI to perform any of its obligations and the non furnishing of the Service), shall not entitle you to raise any claim against KUSHNI or be a breach hereunder to the extent that such failure arises from an event of Force Majeure. If through force Majeure the fulfillment by either party of any obligation set forth in this Agreement will be delayed, the period of such delay will not be counted on in computing periods prescribed by this Agreement. Force Majeure will include any war, civil commotion, strike, governmental action, lockout, accident, epidemic or any other event of any nature or kind whatsoever beyond the control of KUSHNI that directly or indirectly hinders or prevents KUSHNI from commencing or proceeding with consummation of the transactions contemplated hereby. You expressly agree that lack of funds shall not in any event constitute or be considered an event of Force Majeure.

DISPUTE RESOLUTION

This agreement shall be construed and the legal relations between YOU and KUSHNI hereto shall be determined and governed according to the laws of India. If any dispute arises between You and KUSHNI regarding Your use of the Website or Your dealing with KUSHNI in relation to any activity on the Website, in connection with the validity, interpretation, implementation or breach of any provision of the Terms & Conditions and/or Privacy Policy including but not limited to the rules and policies contained herein, the dispute shall be subject to the exclusive jurisdiction to the Courts of New Delhi.

Your obligations to pay the Payment Fees shall not be suspended during the pendency of such proceedings.

GRIEVANCE

Any grievances you have by way of use of the website cab be addressed to the ‘Customer Care’ by way of email to infokushni@gmail.com

The ‘Customer Care’ shall thereafter consider the same and provide a response within one month of the date of such complaint/ grievance.

GOVERNING LAW

These Terms and Conditions or the documents of third party payment channels shall be governed and construed in accordance with the laws of India.

This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.