Terms & Conditions of Use and Services

Please read these terms of use carefully before using this website. If you do not agree to this Terms of Use you may not use this Website. By using this Website, you signify your explicit assent to this Terms of Use as well as the Website’s Privacy Policy (which is hereby incorporated by reference herein). 

These Terms of Use sets out the legally binding terms of services available on the Website as well as at the terms of use of this Website. 

These Terms of Use along with the Privacy Policy extends to both users, who visit the Website but do not transact business on the Website (“Users / Guests”) as well as users who are registered with by the Website to transact business on the Website (“Members”).

The Company reserves the right to modify or terminate any portion of the Website or the Services offered by the Company for any reason, without notice and without liability to you or any third party. You are responsible for regularly reviewing these Terms of Use so that you will be apprised of changes, if any.

Nothing in these Terms of Use should be construed to confer any rights to third party beneficiaries.

Definitions

“Accessories” means the predesigned items or set with that are available for sale on our website. Please note that all accessories is sold on “as is” basis. 

“Buttons” means the articles labeled a buttons on the website which is intended to be used as buttons, the size or feel of the same may not be of button as a general meaning which may or may not be of the expected fitting.

“Cufflink” means a device for fastening together the sides of a shirt cuff, typically a pair of linked studs or a single plate connected to a short swivelling rod, passed through a hole in each side of the cuff which may or may not be of the expected fitting or size or intention.

“Lapel Pin” means a small pin worn on clothing, often worn on the lapel of a jacket. The Lapel pins may or may not be of the expected fitting or size or intention.

Description of Services

This Website provides access to trading, pricing, news and other information services related to the products offered, the accuracy of the said service is not guaranteed and might be wrong. Certain Services available on this Website are for the use of Members only.

This Website offers services for Members who wish to purchase men accessories, buttons, cufflinks and lapel pins for personal consumption, inclusive of, customized and readymade products. The Website displays buttons, cufflinks and lapel pins and pocket badges that are specifically available for purchase. Recommendations on the website are not guaranteed under any circumstances and the Company shall not be held liable for any loss and / or damage suffered by Members who rely on such recommendation.

Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Sometimes the items may be represented larger than the actual size in order to clearly show details or smaller than the actual size in order to show the entire item. The images of the products available might also not display the actual colours due to lighting conditions in the photography. The Company shall not be liable for any legal action on this account.

Registration

Users shall register on the Website to become Members prior to the completion of any transaction on the Website or afterwards.

To register onto the Website the User will have to provide Personal Information (as defined in the Privacy Policy), including but not limited name, e-mail, contact number, contact address and customer verification question, which will be used for verification purposes.

Registration is only a one time process and if the Member has previously registered, he/she shall login / sign into his / her account.

Order

  • Retail Purchase: 

Any Member who wishes to purchase an item from the Website can either:

  1. Add the selected product(s) directly to the shopping cart; or
  2. Choose from the selection of products available on the Website and add the item to the shopping cart; or
  3. In the event of a User willing to make a purchase, the User shall be required to register on the website after adding the item(s) to the shopping cart. The Members shall also provide any other mandatory information required under law like Permanent Account Number (PAN) and/or GST number at the time of purchase.
  4. Orders, are normally considered complete only after the payment has been received by Kushaal Jaipur.
  5. To confirm the orders, Kushaal Jaipur may at random, call up the Members who have placed orders through the Website and ask the Member a verification question. Kushaal Jaipur will confirm the order only after the verification question is answered by the Member.
  6. Once the purchase of item(s) is confirmed, Kushaal Jaipur:
    1. In the case of product – order for the manufacture/ shipping of the product and deliver it to the Member.
    2. In the event the bank rejects to honour any payment transaction made by a Member towards an order, Kushaal Jaipur shall have the right to refuse to ship the order to the Member without any liability whatsoever.
  • Product Availability

    1. Kushaal Jaipur may not own any of the products listed on the Website. In such cases, Kushaal Jaipur only orders the products listed on the Website from third party traders and merchants after the confirmation of the order by the Member and delivers the same to the Member. In such a scenario, there is a possibility that the item ordered by the Member might have been traded since the listing on the Website might not be available at that point of time.
    2. Product prices vary from one category of products to another where numerous factors like the material used, design of the product etc. have an impact on the price of the product. The demand and supply of products in the market can also affect the price of the product. The prices stated on the Website may be substantially higher or lower than the actual prices in the retail markets.
    3. While this Website is designed to provide most accurate product pricing information, the information about the products does not provide an appraisal or guarantee of value, nor does it give suggestions or recommendation of any sort for buying or selling products. All grading and pricing are subjective methods of analysis and no guarantee is made or liability assumed as to the accuracy or validity of the information provided by the Service or the expertise of those providing information via the Service.
    4. Infrequently, data may be inaccurately displayed on the Website due to system errors. Kushsaal Jaipur reserves the right to correct any and all errors when they do occur and the Company does not honour inaccurate or erroneous prices. The prices on the Website are also subject to change without notice. For any order the price is the prevailing price on the day the order is confirmed. The prices of the products listed on the Website are fixed and not negotiable.

Product Weight Variance

The product weight mentioned on the website may vary upon manufacture of the product and may not be accurate at all times.

Advance Payment

Kushaal Jaipur may, at its sole discretion, request the Member to pay  the amount in advance. Failure to pay the amount shall be treated as a cancellation of the order. Any advance amount paid by the Member at the time of placing the order shall not be refunded by Kushaal Jaipur to the Member in the event of cancellation of the order for any reason whatsoever and might be provided with a credit note.

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization of any transaction, on account of the Cardholder having exceeded their pre-set limit.

As a general rule, all the payments will be accepted in advance and order shall not be deemed complete until and unless the said fund is processed transferred to the account of Kushaal Jaipur.

Refunds

Any payment once made is non refundable, product once ordered can only be exchanged based on the amount already paid. The excess amount if remains even after a exchange shall also not be refundable can be adjusted towards future purchases or other exchanges.

Shipping & Delivery

  1. At the time of placing the order, the Member shall state the full name of the recipient as stated in his / her (recipient’s) government approved photo identification. At the point of delivery the recipient shall collect the product, by furnishing any one of the following government approved photo identification card:
    1. Ration Card ( should be issued in the name of the Member / recipient );
    2. Drivers License;
    3. Permanent Account Number (PAN) card;
    4. Voters Identification card; 
    5. Passport;or
    6. Aadhar Card.
  2. Delivery shall be made by the Company / courier agent only after the photo and name of the recipient is verified and confirmed by them. To ensure safe and secure delivery of the package the details of the government photo identification will be noted. The recipient of the package must cooperate with the courier agent by providing required and valid copies of his / her government approved photo identification.
  3. In case the Member wants any other person to receive the delivery on his behalf he / she needs to specify details of the same at the phone call conversation on the registered number by which the order has been made. All items shall be delivered directly to such person and under any circumstances whatsoever, the Member cannot change the recipient details after the order is processed.
  4. The address of shipping can not be changed once the order is received and processed by Kushaal Jaipur.
  5. All shipping charges shall be borne by Kushal Jaipur. Recipient accepting delivery should carefully examine the package delivered and shall not accept deliveries where the packaging has been tampered with.
  6. The recipient, upon signing the delivery receipt, acknowledges the receipt of the product in terms of the order placed with the Company. The Company is not liable to the Customer / recipient for any refund / replacement, under any circumstance, for any subsequent complaints with respect to such deliveries.
  7. If the recipient is not available at the time of delivery, the Company / courier agent shall try and deliver the item one more time before returning the same to Kushaal Jaipur. All costs for re-shipment and handling in the case of non-delivery, the same shall not entitle the customer for refund and the redelivery shall be chargeable separately.
  8. Guarantee for delivery made by the Company is subject to terms and conditions of the courier company. Any inconsistency / errors in name or address will result in non delivery of the product.

Gifting

To collect the physical product, the recipient will have to provide any one of the following government approved photo identification proof:

  • Ration Card ( should be issued in the name of the Member / recipient
  • Drivers License;
  • Permanent Account Number (PAN) card;
  • Voters Identification card; or
  • Aadhar Card

As it is a mandatory requirement as per local laws, the price of the gift (notional amount) will be mentioned on the external cover of the package. Any applicable tax, including any gift tax, if any, shall be borne by the Member.

Insurance

Only transit insurance shall be provided by Kushaal Jaipur and it shall be valid only upto the time of acceptance of delivery. There shall be additional charge in order to opt for such an insurance, option for the same will be provided to the member at the time of purchase of the items.

Usage of Promo Code issued by the Company

  1. Kushaal Jaipur has the right to refuse the usage of any promo code at any point of time. Promo codes which have expired cannot be used on the Website.
  2. Kushaal Jaipur can at any time ask the Member for the proof of having received the promo code.
  3. Promo codes can be used only on specific orders as deemed fit by Kushaal Jaipur.
  4. Applicability of Promo Codes on certain items, on specific orders, or on specific dates or occasions are at the discretion of Kushaal Jaipur.
  5. Promo codes cannot be clubbed with any other special offer on the site, unless expressly otherwise stated.
  6. For offline payment mode the promo code will be accepted only within the date of expiry of the promo code.

Terms & Conditions of use of the website

BY USING THIS WEBSITE YOU REPRESENT AND WARRANT THAT:

    1. You do not violate and Law or regulation existing in the country by use of this website.
  • You are at least 18 years in age or above.
  1. The information provided by you during the registration process is true and correct and its accuracy is best to your personal knowledge which you believe to be true as a prudent man and further you agree to maintain accuracy of such information.
  2. The membership or account on the website is only for personal use and shall not be in any circumstances be used for commercial purpose.
  3. The content and information on the website can only be used for you personal purposes and non commercial at any time.
  4. While using this website for personal use, following restrictions shall be applicable:
    1. While use of the content of the website, same shall not be modified in any manner which includes, any public display, description, performance, sale, rental, pricing of the product; or any other mode of such intention or requirement.
    2. You shall not decompile, reverse engineer, or disassemble the content, or
    3. You shall not remove or temper with any copyright, trademark registration, or other intellectual property notices or marks from the content. 
    4. You shall not use this website in any manner that may be harmful for the website or its content.
  5. You will not:
    1. You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” “phishing” and “griefing” as those terms are commonly understood and used on the Internet.
    2. use the Website and / or Services in manner that it is against the law, might harms Kushaal Jaipur or any other person or entity, as determined in the Kushaal Jaipur’s sole discretion.
    3. The service available on the website is only for your personal use and you shall not use it for any commercial purpose.
    4. Publicise, advertise, sell any items, services or otherwise (whether or not for profit), or solicit others or use any public forum for commercial purposes of any kind,
    5. The user shall have no right to modify or use the content from the website over which the user do not own or have express permission to modify or use.
    6. User shall not post, publish, distribute, submit, upload, transmit or make available any software or other computer files that contain a virus or other harmful softwares or data, or otherwise result into causing harm to the Website, Services.
  6. Kushaal Jaipur does not undertakes that all other users will follow or comply with the terms stated above or any other these terms, and therefore you understand and undertake the to assume all risk of harm or injury resulting from any such lack of compliance.
    1. You shall undertake and understand that at several location or pages or in the material you might come across external links that may redirect you to the other websites that are not controlled by Kushaal Jaipur and in such circumstances, any loss or damage occurring thereafter, Kushaal Jaipur shall not be responsible and you shall also undertake that the other websites have their own terms of use and therefore the same shall apply.
    2. The information, content and other material available on the website is expressly owned by Kushaal Jaipur and the same may not be used, reproduced or modified for any use without an express permission from Kushaal Jaipur.
  7. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
    1. Kushaal Jaipur take all reasonable and possible modes and methods to display the products on the website as accurately as possible. However, Kushaal Jaipur cannot guarantee that your display calibration is perfect or is most capable of showing the details and textures. Kushaal Jaipur does not guarantees the most accurate representation of the item based on content the image represented. Kushaal Jaipur though tries to price and regulate every product accurately but in case of mis pricing or wrong mentioning of any price or content, Kushaal Jaipur reserves the right to sale the said product and cancel it.
    2. This is not undertaken by the service provider i.e. Kushal Jaipur and concerned service providers like server etc, that the website and other related services can run error free and continuously. It is to be understood by the customer that the service might run into error and might shutdown from time to time and might harm the customer’s or user’s machine/device/system for which the user or customer shall be liable.
    3. Any content viewed on the website are viewed or used by the user or the customer at their own risk, any loss or damage arising out of such usage shall not make Kushaal Jaipur liable.
    4. You hereby declare that Kushaal Jaipur, Kushaal Jaipur’s distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, shall not be responsible for any losses, damages, liabilities and costs arising from the use of website.
    5. User undertakes that in no circumstances, Kushaal Jaipur shall be liable to you or any other person or entity for any direct, indirect, incidental, special, or consequential damages, including, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including but not limited to:
      1. the use or the inability to use the website or services.
      2. the cost of substitution of goods and services arising out of goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the website and services or
      3. unauthorized access to or alteration of your transmissions or data;
      4. actions of any third party on the website and services; or
      5. any other matter relating to the website and / or services.
    6. Kushaal Jaipur or any of the foregoing entities’ respective resellers, distributors, service providers and suppliers be relieved of all its responsibilities, if any, in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond the company’s reasonable control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond the reasonable control of the company or any of the foregoing entities’ respective resellers, distributors, service providers and suppliers. You further acknowledge and agree that neither the company nor any of the foregoing entities’ respective resellers, distributors, service providers and suppliers are responsible or liable for:
      1. any incompatibility between the website and / or services and any other website, service, software or hardware or
      2. any delays or failures you may experience with any transmissions or transactions relating to the website in an accurate or timely manner. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. 
    7. Each paragraph, clause, sub-clause and provision of this terms of use shall be severable from each other and if for any reason any paragraph, clause, sub-clause or provision is invalid or unenforceable, such invalidity or unenforceability shall not prejudice or in any way affect the validity or enforceability of any other paragraph, clause, sub-clause or provision, which shall be read and construed so as to give thereto, the full effect thereof, subject only to any contrary provision of the law to the effect that where this provision of this terms of use or any paragraph, clause, sub-clause or provision hereof would be but for the provisions of this paragraph read and construed as being void or ineffective it shall nevertheless be a valid terms of use, paragraph, clause, sub-clause or provision, as the case may be, to the full extent to which it is not contrary to any provision of the law.
    8. All the contents on the website, of any manner, whatsoever, is Copyrighted work is protected under Indian Copyright Act, 1957. The unauthorized reproduction and distribution of our Copyrighted Work via the internet without our express permission constitute copyright infringement under the Copyright Act, 1957. Your act of infringement of our Copyrighted copyright and proprietary right makes you liable for action in law that includes prosecution under the Code of Civil Procedure, 1908 and Code of Criminal Procedure, 1973.
    9. Any failure of Kushaal Jaipur to exercise or enforce any right or provision of these terms of use shall not operate as a waiver of such right or provision.

Jurisdiction and Arbitration

Those who access the website and / or services do so, on their own initiative and are responsible for compliance with all applicable laws including, but not limited to, any applicable local laws. These terms of use is governed by the laws of india. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this letter, shall be subject to the jurisdiction of the courts at Jaipur, Rajasthan.

In case of any dispute firstly the matter shall be attempted to be resolved by way of Mediation. In case of failure to reach a resolution by way of mediation, the matter shall be referred to the Arbitrator as per the provisions of the Arbitration and Conciliation Act 1996 at Jaipur, Rajasthan in English. After which the jurisdiction of the court shall arise at Jaipur, Rajasthan.

I HAVE READ THE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.