TERMS & CONDITIONS


ACCEPTANCE OF TERMS AND CONDITIONS:


Welcome to hadesindia.com. All information and services displayed on the hadesindia.com website constitute an “invitation to offer”. Your request for availing constitutes your offer which shall be subject to the terms &conditions as listed below. All the terms & conditions form an Agreement regulating our relationship with regard to the use of online transactions.
All the terms and conditions must be read very carefully. If you do not agree with any of the terms and conditions, you should not use this service. Your use of a Site shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions. By using this facility, you accept that this will form a legal binding agreement between you and Hades Fashion Enterprises.


Definitions:


"Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexures, Privacy Policy, and will include the references to this Agreement as amended, supplemented, varied or replaced from time to time.


“User"/ "You" means and includes you and/or any person or an entity including using or accessing the services provided on this Site.


"Site" means the online transaction platform owned and operated by HADES FASHION ENTERPRISES which provides a venue to the users of HADES FASHION ENTERPRISES to buy the products/services listed on www.hadesindia.com


“Product/s” connotes Admission Forms that appear on our website i.e. www.hadesindia.com where the user/ applicant can fill the form online and services promoted/displayed on the Site and offered for any use/sale.


“HADES FASHION ENTERPRISES” means HADES FASHION ENTERPRISES LLP.


Eligibility:


You represent and warrant that you are competent and eligible to enter into a legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Site if you are not competent to contract under the applicable laws, rules, and regulations


Modification of Terms and conditions of Service:


HADES FASHION ENTERPRISES may at any time modify the terms and conditions ("Terms") of the Service without any prior notification to you. You can access the latest version of the Terms at any given time. You should regularly review the Terms. In the event wherein the modified terms are not acceptable to you, you should discontinue using the service. However, if you continue to use the service you agree to accept and abide by the modified Terms. Your use of a Site after any amendment to the Terms of Use shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions.

Your Information (or any items listed):

"Your Information" is defined as any information you provide to us or other users of the Site in the registration process, in the feedback area, bulletin board, chat service, etc. or through any e-mail feature. You are solely responsible for Your Information, and in accordance with certain features of the Site, we may only act as a passive conduit for your online distribution and publication of Your Information.

The bold text in the following paragraphs is inserted in accordance with the Information Technology (Intermediaries guidelines) Rules 2011. Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011 in case of non-compliance with rules and regulations, Agreement and privacy policy for access or usage of intermediary computer resource, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of Intermediary and remove non-compliant information.

You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that: (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, libelous, 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; (c) harm minors in any way;(d) infringes any patent, trademark, copyright or other proprietary rights (e) violates any law for the time being in force; (f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonate another person; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) 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. (j) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;

The Site may provide Users with the ability to send email messages to other Users and non-users and to post messages on the Site. We are under no obligation to review any messages, information or content (“Postings”) posted on the Site by users and assume no responsibility or liability relating to any such Postings. Notwithstanding the above, We may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings that violate the provisions of this Clause; and 

 

Solely to enable us to use the information you supply us with, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your Information in accordance with this Agreement and/or our Privacy Policy.


Electronic Communication:


When you visit hadesindia.com or send e-mails to us or give us your feedback, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. 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.


Credit/ Debit card details:


To avail of and use the Services you will have to register with HADES FASHION ENTERPRISES with detail of your information like email-id, name, mob/Tele No, date of birth, etc. and then you have the option to submit the Admission form with online payment option. As a part of the registration process, you agree to provide credit/debit card details, etc. You agree, understand and confirm that the credit/debit card details provided by you for availing of services offered by HADES FASHION ENTERPRISES will be correct and accurate and you shall not use the credit/debit card which is not lawfully owned by you. You represent that you have valid rights and title in any and all Contents/Credit/debit card details that you submit on the Site, that you have not infringed on any right over the same belonging to any party and further that you will indemnify HADES FASHION ENTERPRISES or its affiliates for all claims arising out of any content/Credit/debit card details that you post on the Site. You further agree and undertake to provide the correct and valid credit/debit card details to HADES FASHION ENTERPRISES. HADES FASHION ENTERPRISES will not be liable for any credit/debit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user.


You acknowledge and agree that HADES FASHION ENTERPRISES may preserve Content and the said information will not be utilized and shared or disclosed by HADES FASHION ENTERPRISES with any third party unless required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:


(a) Comply with legal process, law, regulation or court order;


(b) Enforce the Terms and Conditions of this agreement;


(c) Respond to claims that any Content/credit/debit card details violate the rights of third-parties;


(d) Respond to your requests for customer service; or

 

Pricing Information in case of sale by us:

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 Site 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.

While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that we accept your order the same shall be debited to your credit card account. The payment may be processed prior to our dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account. No refunds shall be applicable to the orders made by the User under the Cash on Delivery (“COD”) option.


Charges:


HADES FASHION ENTERPRISES shall charge the Non-refundable fees or other charges from a user, in respect of its products and service or any other aspect of this Site which is to be paid by you by submitting the Admission form with online payment option through your Credit/debit card.

Fraudulent /Declined Transactions:

We may constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing our services fraudulently shall be liable for legal actions under applicable law and we reserve the right to recover the cost of goods, collection charges, and lawyers fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, We reserve the right to immediately delete such account and dishonor all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.

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 for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.


Revision of Fees/Changes:


HADES FASHION ENTERPRISES reserves a right to revise the fees or other charges or withdraw or suspend / cancel, or discontinue any or all of the services without prior notice, make modifications and alterations in any or all of the content, products and services contained on the site without prior notice and at the sole discretion of HADES FASHION ENTERPRISES.


Cancellation / Refund Policy:


Cancellation and Refund of Fee/Charges once made by filling the Admission Forms with credit/debit card details etc., at User’s request, shall not be allowed under any circumstances.

Cancellation by Us:

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 canceled 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 canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, the said amount will be reversed back in your Card Account.

Cancellations by the User:

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. A request for cancellation of order shall be valid and accepted only if they are made within 24 (twenty-four) hours of making the order on the Site. We will not be able to cancel orders that have already been processed or orders for which request for cancellation is made after the expiry of 24 (twenty hours) from making the order. We have the full right to decide whether an order has been processed or not. The User agrees not to dispute the decision made by us and accepts our decision regarding the cancellation.


Non-Delivery or late delivery due to mistakes of the user:


In case of non-delivery or late delivery due to a mistake by the user (i.e. writing or incomplete name or address or recipient not available), any extra charges incurred for re-delivery shall be claimed from the User placing the requests.
 

Relationship:


None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and HADES FASHION ENTERPRISES and you shall have no authority to bind HADES FASHION ENTERPRISES in any manner, whatsoever.


Governing Law and Jurisdiction:


This agreement and the relationship between you and HADES FASHION ENTERPRISES shall be is governed and construed in accordance with the Laws of India without regard to its conflict of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in New Delhi, India, in all disputes arising out of or relating to the use of the sites/services.


Settlement of Disputes:


Without prejudice to any provisions in the terms and conditions herein, any dispute or difference arising out of or touching this agreement shall be settled amicably in the first instance. Unresolved disputes or differences shall be referred to as a Sole Arbitrator to be appointed/ nominated by HADES FASHION ENTERPRISES. The arbitration shall be governed by the (Indian) Arbitration and Conciliation Act, 1996 and any modifications thereon and rules made thereunder and the law governing the same shall be Indian Laws. The Seat of arbitration shall be at New Delhi or at the sole discretion of the HADES FASHION ENTERPRISES.


Force Majeure:


HADES FASHION ENTERPRISES shall have no liability to you for any interruption or delay in access to the Site AND service irrespective of the nature of the cause.


Waiver and Severability:


The failure of HADES FASHION ENTERPRISES to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.


Indemnity:


You shall indemnify and hold harmless HADES FASHION ENTERPRISES and its respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of these terms and conditions.


Acceptance of Privacy Policy:


By using HADES FASHION ENTERPRISES’s sites and services, you signify your acceptance of this Privacy Statement. If you do not agree or are not comfortable with any policy described in this Privacy Statement, your only remedy is to discontinue use of HADES FASHION ENTERPRISES sites. We reserve the right, to modify this Privacy Statement at any time.


Entire Agreement:
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.