This Document Is An Electronic Record In Terms Of Information Technology Act, 2000 And Rules There Under As Applicable And The Amended Provisions Pertaining To Electronic Records In Various Statutes As Amended By The Information Technology Act, 2000. This Electronic Record Is Generated By A Computer System And Does Not Require Any Physical Or Digital Signatures.
COMPANY
KAINAAT limits itself to collect information in order to ensure accurate service. Most of the information we collect is very basic and is needed to complete a purchase or provide a refund. Examples of customer information that may be collected by us include your name, address, telephone number, date of birth, email address, descriptions of the items requested or purchased, language preference, the IP address and operating system of your computer, and the browser type and version being used by you.
KAINAAT provides the content and services available on this website to you subject to the following Terms and Conditions, our Privacy Policy, Payment Policy and other terms and conditions and policies which you may find throughout our website in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, "Terms and Conditions"). This user agreement (“Terms and Conditions” or “T&C” or “Terms” or “Agreement”) is between you (“you” or “End User” or “your” or “Buyer” or “Customer” or “Registered User”) and KAINAAT (“Company” or “us” or “we” or “kainaatdesign.com”).
Not withstanding anything contained or said in any other document, if there is a conflict between the terms mentioned herein below and any other document, the terms contained in the present T&C shall alone prevail for the purposes of usage of the Site.
By accessing or using this website, you are acknowledging that you have read, understood, and you agree, without limitation or qualification, to be bound by these Terms and Conditions in this Agreement, so please read this carefully before proceeding.
RIGHT TO CHANGE
KAINAAT reserves the sole right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions every time you purchase products from us or use our Web Site.
COMMUNICATIONS THROUGH INTERNET.
When you use any of our Services, or send e-mails to us, you are communicating with us electronically. You by using our services consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through other Services. 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. The legal requirements would be in conformity with the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
BILLING
The price of our products as mentioned on kainaatdesign.com is the Maximum Retail Price (MRP) for the said product. Such MRP shall be inclusive of all local taxes as are applicable in India. We charge GST on our products as required by Government of India. This is included in the price shown on the website
Additional applicable taxes may be charged depending upon the destination where the order has to be shipped to. The tax rate applied and charged upon the order shall include combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. KAINAAT reserves the right to collect taxes and/or such other levy/ duty/ surcharge that it may have to incur in addition to the normal taxes it may have to pay. We may also charge Delivery Charges which may include postal charges/ shipment charges etc. that may be applicable for your country.
DISCLAIMERS
The prices displayed on our website may differ from prices that are available in stores. Further the prices displayed in our catalogues are quotes which may vary from country to country for the same product. Prices shown on the website both for India and in other International Countries are subject to change without prior notice. These prices only reflect the MRP and do not include shipping and taxes which may be extra as applicable
From time to time there may be information on our Website or in our catalogue that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. KAINAAT reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
INABILITY TO PROCESS ORDERS
KAINAAT reserves the exclusive right to refuse or cancel any order for any reason as and when they deem fit. Mostly this happens in the case of insufficient quantities and or unfit quality. The buyer shall be informed about the order cancellation and the payment made, if any, shall be refunded within 21 working days. We might contact you for verification of your orders and ensure prompt and accurate delivery.
SHIPPING AND HANDLING FEE
Our shipping and processing charges are to ensure timely and error free delivery of your orders. This fee enables efficient handling and packing the products you purchase and delivering them to you. For further information please refer to our Shipping & Payment Policy.
PAYMENT AND DELIVERY
KAINAAT may employ Razorpay, PayU, PayPal and such other third party facilities, for Payments on the Website. Such payments can be made through the electronic or through Cash on delivery transactions, as may be permitted by KAINAAT which shall be at its sole discretion. Use of such third party services will be governed by third party policies. KAINAAT attempts but does not guarantee delivery of products in the stipulated time period as mentioned on the purchase of the product. In no manner can the contract be repudiated if KAINAAT fails to deliver any one or more products in the stipulated time frame. If you fail to take the delivery of the goods, KAINAAT may at its discretion charge you for additional shipping cost.
PRIVACY
KAINAAT assures you that you and your personal information is one of our most important assets. We store and process your information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. If you object to our current Privacy Policy and your information being transferred or used in this way please do not use Website.
INTELLECTUAL PROPERTY RIGHT AND TRADEMARKS
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, KAINAAT 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 KAINAAT without obtaining authorization from it. The Site contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music , sound, and the entire contents of KAINAAT protected by copyright as a collective work under the applicable copyright laws. KAINAAT owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.
COPYRIGHT COMPLAINTS
We respect the intellectual property of others. If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an email or written notice to us for notices of infringement and provide the following: (i) identification of the copyrighted work(s) that you claim has been infringed and that you are the copyright owner or authorized to act on the copyright owner's behalf; (ii) a description of the material that you claim is infringing and the location of the material on the website; (iii) your address, telephone number and email address to: enquiries@kainaatdesign.com
PRODUCT DESCRIPTIONS AND SOURCING
With our product displays on KAINAATDESIGN.com, we attempt to be as accurate as possible. However, KAINAAT does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product offered by KANIAAT is not as described, your sole remedy is to contact KAINAAT within 48 hours of receipt and KAINAAT reserves the right to provide a solution as per its discretion. KAINAAT is not liable to issue any refunds or allow exchanges and/or returns as a matter of policy. Products displayed/ sold on the KAINAATDESIGN website are manufactured/ procured as per the applicable Local Laws of India and are in conformity with the required Indian Industry Standards.
WARRANTIES AND LIABILITY
KAINAAT makes no representations or warranties of any kind, express or implied, as to the operation of the services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through KAINAAT unless otherwise specified in writing. You expressly agree that your use of the website is at your sole risk. KAINAAT does not warrant that this Website will be constantly available, or available at all or that any information on this Website is complete, true, accurate or non-misleading. We will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all risks associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website, and that KAINAAT shall not be liable for any damages of any kind related to your use of this Website. Though KAINAAT shall make all endeavours to protect its websites from any viruses or other illegal use of its website. However we do not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to You through the Website; its servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on Website constitutes, or is meant to constitute, advice of any kind. KAINAAT will not be liable for any damages of any kind arising from the use of any service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through the website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
INDEMNITY
You agree to indemnify and shall not hold KAINAAT (and its proprietor, officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) for any claim or demand, including but not limited to reasonable attorneys’ fees, or arising out of or related to your breach of this T&C , or your violation of any law or the rights of a third party or any damage to life and/or property caused by the products delivered
You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
BREACH
In the event you are found to be in breach of the Terms of Use or Privacy Policy or other rules and policies or if we are unable to verify or authenticate any information you provide or if it is believed that your actions may cause legal liability for you, other users or us, without limiting to the present, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website. Any user that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such user is reinstated by us. Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other rules and policies, we reserve the right to recover any amounts due and owing by you to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you. Any breach of any applicable local laws of that territory shall also result in, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website.
YOUR OBLIGATIONS AND RESPONSIBILITIES
In the access or use of the KAINAAT website, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the website. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the website or any Content or services that may appear on this website and may not impair in any way the integrity or operation of the website. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to KAINAAT.
THIRD PARTY LINKS
We are not responsible for the content of any off-website pages or any other websites linked to or from the KAINAAT website. Links appearing on this website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
SPECIAL FEATURES, FUNCTIONALITY AND EVENTS
KAINAAT may offer certain special features and functionality or events (such as contests, promotions or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.
SEVERABILITY
We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. For any further clarification on any of the terms you are free to contact us by means of telephone and/or email as provided on this website.
WAIVER
The failure by KAINAAT to enforce at any time or for any period any one or more of the terms or conditions of the Agreement shall not be a waiver by KAINAAT of them or of the right any time subsequent to enforce all Terms and Conditions of this agreement.
FORCE MAJEURE
Failure on the part of KAINAAT to perform any of its obligations and the non-furnishing of the Service, shall not entitle you to raise any claim against KAINAAT or be a breach hereunder to the extent that such failure arises from an event of Force Majeure. If through force Majeure the fulfilment by either party of any obligation set forth in this Agreement will be delayed, the period of such delay will not be counted on in computing periods prescribed by this Agreement. Force Majeure will include any natural disaster, war, civil commotion, strike, governmental action, lockout, accident, epidemic or any other event of any nature or kind whatsoever beyond the control of KAINAAT that directly or indirectly hinders or prevents KAINAAT from commencing or proceeding with consummation of the transactions contemplated hereby. You expressly agree that lack of funds shall not in any event constitute or be considered an event of Force Majeure./p>
JURISDICTION
This agreement shall be construed and the legal relations between YOU and KAINAAT hereto shall be determined and governed according to the laws of India. If any dispute arises between you and KAINAAT regarding your use of the Website or Your dealing with KAINAAT in relation to any activity on the Website, in connection with the validity, interpretation, implementation or breach of any provision of the Terms & Conditions and/or Privacy Policy including but not limited to the rules and policies contained herein, the dispute shall be subject to the exclusive jurisdiction to the Courts of New Delhi. These Terms and Conditions or the documents of third party payment channels shall be governed and construed in accordance with the laws of India. This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
GRIEVANCES AND COMPLAINTS
Grievances can be addressed to us by emailing on enquiries@kainaatdesign.com or calling us on the customer care number as provided on this website (any working Monday to Friday) 11AM-5PM