Please read the following Terms and Conditions very carefully.
The use of our services is subjected to your acceptance and to compliance with the following terms and conditions.
By subscribing to or using any of our services you will be considered as you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services.
If you do not want to be bound by the Terms, you must not subscribe to or use our services.
In these Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website. "Service Providers" mean independent third party service providers, and "we", "us" and "our" shall mean hemshri.com from Hemshri International.
1. We are equipped with our launched website www.hemshricollections; an Internet based content and e-commerce portal operated by Hemshri International, a proprietorship firm incorporated under the laws of India.
2. The services of the Website is offered conditionally on acceptance of without modification of all the terms, conditions and notices contained as the content of these Terms or those will be updated on the website periodically. Hemshri.com retains its sole discretion rights not to accept a User from registering on the Website without assigning any reason thereof.
User Account, Password, and Security:
Our website automatically releases a password and account information upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account details, and fully responsible for all types of activities that occur under your password or account.
You agree to immediately inform the system of the website Hemshri.com about any unauthorized use of your account or any other breach of security. You are liable to ensure that you exit from your account at the end of each session, whereas we will not be liable for any loss or damage arising from your failure to comply with this Clause.
Hemshri.com provides services those enables users to search various items, select them by adding to the cart to purchase by actual merchandise like clothing, footwear and fashionable accessories online. Upon placing an order that is confirmed upon realization of the amount in our credits or our database or bank records or accounts; Hemshri International shall ship the product to you.
User Conduct and Rules:
Use of the Website
You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:
1. As per agreement you are bound and shall not host, display, upload, modify, publish, transmit, update or share any information which:-
(a) belongs to another person and to which You does not have any right to;
(b) 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; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
(q) interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonate another person;
(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(z) shall not be false, inaccurate or misleading;
(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
2. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
3. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
4. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Hemshri International, hemshri.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Hemshri International or sellers on platform or otherwise tarnish or dilute any Hemshri International's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Hemshri International's systems or networks, or any systems or networks connected to Hemshri International.
6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
11. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
Please be advised that such Content posted does not necessarily reflect Hemshri International views. In no event shall Hemshri International assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
13. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
14. It is possible that other user (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
15. Hemshri International shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
User Warranty and Representation:
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by Hemshri International or Hemshri.com.
Exactness Not Guaranteed:
Hemshri International hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as the merchandise brand, size, colour etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc. In this instance you agree that a representative from Hemshri.com or Hemshri International will call you or send an approval request via the email address which you submitted when placing your order. If you do not agree with the requested change you retain the right to reject the requested production change by replying to it within 10 days of it being sent to you.
Disclaimer Of Warranties/Limitation Of Liability:
Hemshri.com or Hemshri International has endeavoured to ensure that all the information on the Website is correct, but neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Hemshri.com or Hemshri International be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services;(b) unauthorized access to or alteration of the user's transmissions or data;(c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall Hemshri.com or Hemshri International be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services 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, Hemshri.com or Hemshri International 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 Hemshri.com or Hemshri International control. The user understands and agrees that any material and/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 and/or data.
Links To Third Party Sites:
The Website may contain links to other websites ("Linked Sites").The Linked Sites are not under the control of Hemshri.com or the Website and Hemshri.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
Hemshri.com or Hemshri International is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Hemshri.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
You agree to indemnify, defend and hold harmless Hemshri.com or Hemshri International from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Hemshri.com or Hemshri International that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
Prices for products are described on our Website and are well incorporated into these Terms and conditions by reference. All prices are mentioned in Indian rupees can be converted in US Dollars & EURO Prices instantly, products and Services may change at Hemshri.com discretion.
Title and risk of loss for all products ordered by you shall pass on to you upon shipment to the shipping carrier. The Hemshri.com or Hemshri International would have no responsibility nor could be claimed for the losses & damages due to natural calamities like winds, earthquakes, accidents during the transit of the goods.
Hemshri.com or Hemshri International will make a maximum of two attempts to deliver your order. In case the customer is not reachable or does not accept delivery of products in these attempts Hemshri.com or Hemshri International reserves the right to cancel the order(s) at its discretion.
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
1. bad weather
2. flight delays
3. political disruptions
4. other unforeseen circumstances
In such cases, we will proactively reach out to you. Please check your emails and SMS regularly for such updates.
Also, we will not be able to compensate for any mental agony caused due to delay in delivery. The customer can cancel the order at any moment of time even if the delivery time exceeds the expected delivery time. If it is a prepaid order, the customer will be refunded back in the account as soon as the order is successfully cancelled.
1. Hemshri.com or Hemshri International may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms.
2. If you or Hemshri.com or Hemshri International terminates your use of the Website or any Service, Hemshri.com or Hemshri International may delete any content or other materials relating to your use of the Service and Hemshri.com or Hemshri International will have no liability to you or any third party for doing so.
3. You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Jodhpur, Rajasthan.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
Interpretation Of Number And Genders:
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Hemshri.com or Hemshri International does not review the contents in any way before they appear on the Website. Hemshri.com or Hemshri International does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to us.
Unauthorized Charges on your card
If you see charges on your credit/debit card for purchases made on Hemshri.com, but you never created an account or signed up, please check with your family members or business colleagues authorized to make purchases on your behalf, to confirm that they haven't placed the order. If you're still unable to recognize the charge, please report the unauthorized purchase within 60 days of the transaction to enable Hemshri International to begin an investigation.
Cancellation of Fraudulent/Loss to business Orders
To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity,
Hemshri.com or Hemshri International reserves has the right to cancel all past, pending and future orders without any liability. Hemshri.com or Hemshri International also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on website and stock unavailability. 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 card has been charged, the said amount will be reversed to your Card Account. Any promotional voucher used for the cancelled orders may not be refunded.
The customer may be considered fraudulent if any of the following scenarios are met:
1. Customer doesn't reply to the payment verification mail sent by Hemshri.com or Hemshri International.
2. Customer fails to produce adequate documents during the payment details verification.
3. Misuse of another customer's phone/email.
4. Customer uses invalid email and phone no.
5. Overuse of a voucher code.
6. Use of a special voucher not tagged to the email ID used.
7. Customer returns the wrong product.
8. Customer refuses to pay for an order.
9. Customer is involved in the snatch and run for any order.
The customer may be considered loss to business if any of the following scenarios are met:
1. Customer with a very high return rate.
2. Invalid/Incomplete address cases.
3. Repeated request for monetary compensation for petty issues.
Account for the customers falling in fraudulent or loss to business category may be blocked.
Cancellation of Bulk Orders
Hemshri.com or Hemshri International may cancel any orders that classify as 'Bulk Order' under certain criteria at any stage of the product delivery. An order can be classified as 'Bulk Order' if it meets with the below mentioned criteria, and any additional criteria as defined by us.
1. Products ordered are not for self-consumption but for commercial resale.
2. Multiple orders placed for same product at the same address, depending on the product category.
3. Bulk quantity of the same product ordered.
4. Invalid address given in order details.
5. Any malpractice used to place the order
Any promotional voucher used for placing the 'Bulk Order' may not be refunded
Process for Pilferage Claim
If a customer raises a complaint for partial item/partial order through Customer Care
1. The customer is supposed to claim for pilferage within 48 hours of delivery failing which the claim will not be entertained.
2. An Email will be sent seeking/providing following information:
A. Short description of the case (A few questions will be asked to help us understand the scenario).
B. The snapshots of the packet and other box (If any)(Try to cover the sides which look tampered/damaged as per the customer).
C. The refund for prepaid orders will be done after investigation which usually requires 3-4 business day. The process will include investigation with the concerned departments
3. The customer may not be liable for a refund if he/she falls in any of the scenarios stated below:
A. Customer fails to provide adequate information about the case.
B. Customer fails to provide snapshots of the packet and box(if any).
C. If an opened delivery was received, pilferage claims must be made the same day.
D. Customer must not dispose the packaging for 3-4 days post delivery. We might need to pick-up your packaging for investigation at our end.
What we do about mispricing
Despite our best efforts, a small number of the many hundreds of items in our catalogue are mispriced. However, we verify prices as part of our dispatch procedures.
If an item's correct price is lower than our stated price, we charge the lower amount and send you the item.
If a product's correct price is higher than our stated price, we will cancel your order and notify you of that cancellation.