Please read these conditions carefully before using the website www.exotyq.com (the “Website”) or any Service (defined below) provided therein. By using the Website through any device including but not limited to any computer terminal or mobile device, you signify your acceptance to be bound by these terms & conditions (“Terms”)
This Website is owned and operated by “EXOTYQ Retail Technologies Private Limited” of the address EXOTYQ Retail Technologies Private Limited, EDC Conclave, Jeevith Gardens, Off ITPL Road, Bangalore – 560 037, Company incorporated under the Laws of India (hereinafter “EXOTYQ”, we, us or our “)
EXOTYQ provides Internet-based service through the Website which enables the Users to purchase original merchandise such as clothing, footwear, accessories, home décor products and jewellery created by various Artisans, Tribes, Designers (collectively, “Products “) ( the “Service”). Upon placing an order, EXOTYQ shall ship the Product to you and be entitled to its payment for the Services and the Product as per these Terms.
EXOTYQ reserves the right to amend these Terms as and when required at its discretion.
You and EXOTYQ are individually referred to as “Party” and collectively as “Parties”
You acknowledge that these Terms constitute a contract between You and EXOTYQ, even though it is electronic and is not physically signed by You and EXOTYQ. You further acknowledge that these Terms govern Your use of the Website & the Service.
If you register with EXOTYQ to avail the services You will create an account with a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify EXOTYQ of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. EXOTYQ cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.
You hereby consent, and agrees that You have read and fully understand the Privacy Policy of the Website at [privacy policy#]. You further consent that the terms and contents of such Privacy Policy are acceptable to You.
You agree and undertake not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Any reproduction and copying of the content of the Website is permitted only with prior written permission of EXOTYQ. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
As part of the Service You may post reviews, comments and other content on the Website; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal and in accordance with these Terms. In which case EXOTYQ reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgment of EXOTYQ violates these Terms, or terminate your permission to access or use this Website. Product reviews are individual opinions of the reviewers based on their knowledge.
You agree and undertake to use the Website and the Service in manner that is fit, proper and legal. By way of example, and not as a limitation, you agree and undertake that when using the Website or the Service, you will not:
you will not, under any circumstances, without EXOTYQ’s express written consent, use the Service or any part thereof for any commercial purpose, including but not limited to (a) communicating or facilitating any commercial advertisement or solicitation, or (b) gathering or transferring Items for sale.
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Website accessible, the Website and consequently any part of the Service may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, Website access may be interrupted, suspended or terminated. Interruptions in the Website or the Service that are beyond our control shall not serve as a basis to terminate your subscription or demand a full or partial refund of any prepaid fees or any reductions in future fees.
If you do post content or submit material, and unless we indicate otherwise, you
a)Grant EXOTYQ a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
b)EXOTYQ and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material.
You agree to waive your right to be identified as the author of such content.
You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the Website; that, as at the date that the content or material is submitted to EXOTYQ through the Website: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable laws and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify EXOTYQ and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
If the quality of any products, services, information, or other material purchased or obtained by you through the Website did not meet your expectations, no compensation will be given other than the Return and refund or Exchange of the product as prescribed by the Return & Refund Policy. You cannot request compensation for any reason, including but not limited to: any variation in the finish or appearance of the final product; any delay in delivery caused by unforeseen circumstances; any special, incidental, indirect or consequential damage of any kind caused by a product; missed opportunities to avail certain discounts; any issue with our delivery partners or their personnel; any voucher which got deactivated due to the end of expiry date; unavailability of items which the customer tried to purchase etc. Unreasonable and unlawful requests for compensation, over and above the entitled refund, will be treated as loss to business cases. EXOTYQ holds the rights to cancel orders and block accounts of such customers without any prior notice.
EXOTYQ’s aggregate liability and that of its affiliates, licensors & partners in connection with these Terms shall be limited to the value of last purchase completed by you under these Terms through the Service.
EXOTYQ 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. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product information and/or specifications) on the Website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information, software, products, services and related graphics are provided as is, without warranty of any kind. EXOTYQ is not obligated to provide any physical preview of the Object either before or after the sale.
In addition to warranty with respect to the intellectual property rights vesting in the user submissions, the Buyer warrants that all the information furnished at the time of registration is true and correct and any change in the information provided will be updated and intimated to EXOTYQ at the time of purchase or earlier. EXOTYQ is entitled to act on the basis of the information provided and seek such further information, clarifications or verifications as it may deem necessary for granting registration or for completing your transaction on the Website. Such registration may be suspended or cancelled where EXOTYQ forms a reasonable view that any of the above information may be inaccurate. However, such registration will be restored upon the buyer furnishing information to the satisfaction of EXOTYQ.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, EXOTYQ owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to EXOTYQ without obtaining authorization from EXOTYQ.
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of EXOTYQ and EXOTYQ 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 the terms of use or privacy policy of the Linked Site. Links to Linked Sites from the Website do not imply endorsement by EXOTYQ of the said website or any association with its operators unless expressly specified.
EXOTYQ has endeavoured to ensure that all the information on the Website is correct, but EXOTYQ neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall EXOTYQ 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 EXOTYQ 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, EXOTYQ 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 EXOTYQ’s 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.
EXOTYQ endeavours to select and provide only the highest quality merchandise. However, if the merchandise does not meet your requirements, EXOTYQ does not take responsibility. Moreover, many of our products are handmade and there may be variation in each product piece.
We strive to provide you with the best prices possible on products and/or services you buy from us, however, we do not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without any prior notice. The prices mentioned on the Website are not subject to comparison with the same or similar product(s) and/or service(s) available through any online or offline sale. The pricing is subject to our pricing policy and the prices shall be determined only at our sole discretion.
All references to Rupee/INR on this website are in Indian currency. Indian prices are different to international prices due to factors such as taxes, duties etc.
Prices are subject to change at any time, without any notifications.
The price displayed on the Website in relation to any Product in INR represents the full price of the product to be shipped in India except in cases where it is expressly mentioned. In case of foreign shipping any duties, levies and shipping costs would be extra.
With respect to items sold on the Website, we charge your credit card before your order has entered the shipping process. For any reason if we are not able to ship you products as per your order, we will intimate you electronically and refund the value of the products not available. We may allow Cash on Delivery option for orders of certain value and at certain specific locations within India. The value of order and locations eligible for Cash on Delivery may vary from time to time and also from product to product.
Despite our best efforts, a small number of the items on the Website may be mispriced. If we discover a mispricing, we will do one of the following:
The prices for international users can be viewed view in your preferred currency. On checkout the shipping costs would added and the amount to be paid by the User would be shown. Please note that the actual amount to be paid by you as an international user will be the equivalent amount in the currency of your credit card, as per the conversions done by your bank / credit card provider on the date of billing.
a) DELIVERIES WITHIN INDIA: The time of delivery may vary from place to place once the products are dispatched from our warehouse.
b) DELIVERY TIME: Shipment/delivery time of the order starts from the day of receipt of the payment confirmed against the order placed with EXOTYQ and all necessary documentation, relating to transportation, tax, etc. as may be reasonably requested for by EXOTYQ are completed. In case of Cash on Delivery option the delivery time starts from the time you place an order and all necessary documentation, relating to transportation, tax, etc. as may be reasonably requested for by EXOTYQ are completed.
All of EXOTYQ’s orders are shipped door-to-door from our warehouse located in various location in India, via our delivery partners. Processing the order normally takes 2 working days and then shipping within Indian normally takes 4-6 working days however this is only an estimate of delivery time and there may be delays.
In case of unforeseen delays in the Delivery Time beyond one month of the estimated Delivery Time, EXOTYQ will notify customers so that customers may choose to cancel their order.
Further, EXOTYQ works with different type of suppliers (manufacturers, designers, distributors, importers etc.) and the delivery time to Users may be subject to delivery of products from supplier to us. In case of unforeseen delays, we will inform the User. At this point, the order may be cancelled by the user with our consent.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, 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, 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 has been charged or bank account has been debited, the said amount will be reversed back in your Credit Card or Bank Account as applicable within 10-14 working days.
In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount.The exchange, return and refund will be governed by our specific policy for the same purpose.
Cancellation Policy
Please note an order can only cancelled within 24 hours of placing the order. Once the order is processed after 24 hours, no cancellation request will be entertained.
EXOTYQ ensures each purchase during the time it is in transit until it is delivered to you. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by EXOTYQ and transfer of responsibility in the same way.
For Deliveries within India all taxes and duties are included in the price of the product listed on the Website.
For International Deliveries
Most countries are shipped to on a DDU (Delivery Duty Unpaid) basis, which means product prices displayed are exclusive of all import duties. As the recipient, you are liable for all import duties, customs, local taxes levied by the country you are shipping to. Payment of these is necessary for delivery. We are unable to advise what amount this would be as duties vary widely from country to country. For more information, please write to us connect@exotyq.com
You shall indemnify and hold harmless EXOTYQ, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release EXOTYQ and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
When you visit the Website or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We 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 SMS, e-mail or phone calls from us with respect to your order.
We reserve the right to make changes to our Website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control events which may include but shall not be limited to natural disasters, war or armed conflict, change in government policies and regulations etc.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Kolkata.
a) EXOTYQ respects the Intellectual Property Rights of others and expects its Users to do the same. In particular, if you are a copyright owner or an agent thereof and believe that any content on the Website infringes upon your copyrights, you may submit a notification of the same connect@exotyq.com with the following information in writing:
b) In case of a conflict in Terms, the decision of EXOTYQ shall be final and concluding, and you irrevocably withdraw your right to make any claim or demur on this ground. Before you file such a notification, please carefully consider whether or not the use of copyrighted material at issue is protected by the “fair use” doctrine, as you could be liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an attorney. In addition, you may wish to consult publicly available reference materials such as those found at www.chillingeffects.org.
c) EXOTYQ’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Damage/Defective/Wrong Supply of products
Customer is advised to check the ordered products and quantity in the invoice, before accepting the package from the logistics service provider/courier.
Your purchase is eligible for return or exchange only if it meets the following conditions:
If your purchase meets our return criteria stated above, please contact our care team within 48 hours of delivery with the following information:
Our Quality Check team will verify the manufacturing defects, after that our customer service team will email or contact you for the necessary action.
The product must be received within 10 days from the date of advice by Customer Service Department. Please ensure that the product you return is unused, unworn and the original tags are intact.
Incorrect / Incomplete Shipping address
We are unable to offer refunds if we’ve been given an incorrect or incomplete shipping address, or if there are three failed delivery attempts by our shipping agency and/or the package is refused by the recipient.
Colors
We have made every effort to display the colours of our products that appear on EXOTYQ as accurately as possible. However, as computer monitors, tablets and mobile devices vary, we cannot guarantee that your monitor’s display of a colour will be completely accurate.
Size Change Issue
Please refer to the size chart before you make a purchase, and in case you are confused about your size, do write to us at connect@exotyq.com or call us at +91xxxxxxxxxxxx. If you would like a different size in the same style of clothing that you have purchased, you will need to go through the following steps:
a)Contact our Customer Care team to schedule a reverse pickup.
b) Once the unused product is received at our end, we will issue you a credit note (after deducting the applicable shipping charges).
c) You can then use the credit note to place a new order with the alternate size Please note that size exchanges will not be possible if the product is purchased during a period of special pricing / sale.
In case you have any queries, customer can also call us at our customer service number +91 XXXXXXXX, which remains open from Monday to Saturday between 1100 to 1900 Hrs (IST) except declared holidays.
