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Terms of service

TERMS OF SERVICE

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the 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 to make the terms of this policy binding.

The domain name www.warlistop.com (“Website”) is a site operated by Cloudsail Ventures., a company incorporated under laws of India with our registered office at 11 Indra Kumar Karnani Street, 9th Floor, Kolkata 700001 (“Company”, “we”, “us” and “our”). The privacy practices of this statement apply to our services available under the above-mentioned domain and sub-domains of the Website and apply generally to our parent, affiliates, subsidiaries or joint venture websites. By visiting the Website you agree to be bound by the terms and conditions mentioned herein. For the purposes of the following terms and conditions wherever the context so requires “you”, “your”, “yourself”, “user” shall mean any natural or legal person who accesses or uses the Website and in the event that a natural person is representing a business entity, reference to such terms shall include a reference to the business entity.

Access to and use of the Website and the products and service available through the website are subject to the following terms and conditions (“T&C”). By browsing through these T&C and using the services provided by our Website, you agree to all the T&C along with the privacy policy on our Website, which may be updated by us from time to time and shall be binding and obligatory. Your use of the Website to purchase merchandise indicates your agreement to follow and to be bound by terms of and conditions of sale. If you do not agree to the terms please do not visit this Website.

Please check this page regularly to take notice of any changes we may have made to the T&C. We reserve the right to review and withdraw or amend the T&C without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website. As long as you comply with the provisions of this agreement we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

Services

Warlistop is an online retailer of apparel and lifestyle products offered at great values to the consumer and allows customers to purchase a variety of products online. Upon placing an order, we shall ship the product to you and be entitled to its payment for the service. Use of the Website is available only to persons who can perform legally binding contracts under Indian Contract Act, 1872. Persons who are "not competent to contract" or are “not legally capable to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website.

Third Party websites and content

Our Website provides links for sharing our content on facebook, twitter and other such third-party websites. These are only for sharing and/or listing purpose and we take no responsibility of the third party websites and/or their contents listed on our Website  and disclaim all our liabilities arising out of any or all third party websites.
We disclaim all liabilities and take no responsibility for the content that may be posted on such third party websites by the users of such websites in their personal capacity on any of the above mentioned links for sharing and/or listing purposes as well as any content and/or comments that may be posted by such user in their personal capacity on any official webpage of Warlistop on any social networking platform.

Privacy

Our privacy policy incorporated by reference in these T&C, sets out how we will use personal information you provide to us. By using this Website, you agree to be bound by the privacy policy, and warrant that all data provided by you is accurate and up to date.

Exactness of the Product

The images of the items on the Website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflects the color of the items. Your items may vary slightly from those images. All sizes and measurements of items are approximate; however, we do make every effort to ensure they are as accurate as possible. We take all reasonable care to ensure that all details, descriptions and prices of items are as accurate as possible.

Pricing

We ensure that all details of prices appearing on the Website are accurate, however errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. The products available on the Website are for retail sales, intended for end user consumption and is in no away available for resale.

Additionally, prices for items may change from time to time without notice. However, these changes will not affect orders that have already been dispatched. The price of an item includes GST (or similar sales tax) at the prevailing rate for which we are responsible as a seller. Please note that the prices listed on the Website are only applicable for items purchased on the Website and not through any other source.

Buying
All purchases on the Website are a firm commitment to purchase. If you are the purchaser for any item, you are obligated to complete the transaction on the Website.

By purchasing on an item, you agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of the T&C or are unlawful. In case of consumer goods, the sellers on the Website may or may not specify the retail prices of the items being sold. You are advised to independently verify the retail prices of such items if you so desire.

We strongly advise you not to test the Website with false purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through bank or financial institution infrastructure or indirectly through payment aggregator. Willfully entering erroneous or fictitious bids may result in prosecution by us.
Please note that in the event any inaccurate information is provided by you regarding your identity, your web browser transmits a unique address to us, which can be used by law enforcement officials to identify you. If you are a registered buyer on the Website we encourage you to post feedback for the seller after the transaction is closed.

In case of purchase of any product which is marked as "non-exportable" on the Website or it is illegal to export the same, you agree that the product shall not be exported out of India or otherwise dealt in any such manner which shall be in contravention of any law for the time being in force or any rules, regulations, notifications and orders passed there under.

Payment

Upon receiving your order, we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted. For any further payment related queries, please check our FAQs on Payment Mode.

Delivery

You will be given various options for delivery of items during the order process. The options available to you will vary depending on where you are ordering from. An estimated delivery time is displayed on the order summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location. Sometimes, delivery may take longer due to unforeseen circumstances. In such cases, we will proactively reach out to you by e-mail and SMS. However, we will not be able to compensate for any mental agony caused due to delay in delivery.

Warranty

The Website, services, content, user content and any third party content are provided by us on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Company makes no warranty that (i) the website or the services will meet your requirements or your use of the Website or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website or services will be effective, accurate or reliable; (iii) the quality of the Website or services will meet your expectations; or that (iv) any errors or defects in the Website or services will be corrected. No advice or information, whether oral or written, obtained by you from warlistop.com or through the Website / content or from use of the services shall create any warranty not expressly stated in these terms of use.

Returns & Refund

If you change your mind about any items purchased you can return them to us. For more information on Returns and Refund, please refer to our Return Policy under the FAQ section.

Intellectual Property Rights

All and any intellectual property rights in connection with the products shall be owned absolutely by the Company.

Law and Dispute Resolution

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles. If any dispute arises between you and us during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the T&C, or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by us. The place of arbitration shall be Kolkata, India. The arbitration proceedings shall be in the English Language and shall be governed by Arbitration & Conciliation Act, 1996.

Indemnification

You agree to indemnify, defend and hold harmless the Company, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages or costs arising from your use of this website, your breach of these T&C, or infringement of any intellectual property right.

Violation & Termination

You agree that the Company may, in its sole discretion and without prior notice, terminate your access to the Website and block your future access if we determine that you have violated these T&C or any other policies. If you or the Company terminates your use of any service, you shall still be liable to pay for any service that you have already ordered till the time of such termination.

Disclaimer

In no event will the Company or its representatives be liable for any damages, arising out of or related to misuse of personal information of the customer and the customer is solely liable for such acts and they are advised not to share their confidential information like warlistop password, OTP, credit/debit card expiry and CVV with anyone even though they claim to be a warlistop.com employee. None of our employee will ask for such confidential information.
If you have any questions, comments or requests regarding our T&C or the Website please contact us at care@warlistop.com.

Limitation of Liability

To the maximum extent permitted by applicable law, warlistop.com will have no liability related to user content and / or third party content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Warlistop.com also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content, data and / or third-party content. You expressly understand and agree that, to the maximum extent permitted by applicable law warlistop.com will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the website or any services, either with or without your knowledge. Warlistop.com has endeavored to ensure that all the information on the Website is correct, but warlistop.com, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, quality, reliability, completeness, and/or timeliness of any content, data, 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, warlistop.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or any interruption or errors in the operation of the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise.

Further, warlistop.com shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond the Company’s control. You understand and agree that any material or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Warlistop.com is not responsible for any typographical error leading to an invalid coupon. Warlistop.com accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

In no event shall warlistop.com or its suppliers, affiliates, service providers and their respective officers, directors, employees, partners be liable for any direct, indirect, incidental, special, incidental, consequential, exemplary or punitive damages whatsoever, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses or based on any theory of liability including breach of contract or warranty, negligence or other tortious action or any other claim arising out of or in connection with your use of or access to the Website, its services, content or this T&C (however arising, including negligence).

To the maximum extend that is permissible under law, our total liability, whether in contract, warranty, tort (including negligence) or otherwise, will not exceed an amount equal to the products purchased value bought by you. These exclusions and limitations of liability will apply to the fullest extent permitted by law and will survive cancellation or termination of your use of the Website.

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