Terms and conditions
Terms & Conditions
These are the terms and conditions governing the use of this website and the agreement that operates between us and you (hereinafter, "the Terms"). These Terms set out the rights and obligations of all users (hereinafter, "You" / "your") and those of KAAPUS (hereinafter, "us" / "our" / "we" / "the Vendor") in relation to the goods/services offered by us through this website (hereinafter, collectively known as the "KAAPUS Services"). Before you click on the "Authorize Payment" button at the end of the ordering process, please carefully read these Terms and our Privacy Statement. By using this website or placing an order through it, You are consenting to be bound by these Terms and our Privacy Statement. If You do not agree to all of the Terms and the Privacy Statement, do not place an order.
These Terms may be subject to amendment, so You should carefully read them prior to placing any order.
- USE OF OUR WEBSITE
These Terms are the only conditions that are applicable to the use of this website and they replace all other conditions, except with the express, prior written agreement of the Vendor. These Terms are important for both you and us as they have been designed to create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business. You agree that, by placing your order, you unreservedly accept these Terms, having read them.
You agree that:
- You may only use the website to make legitimate inquiries or orders.
- You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
- You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact You in the event that this should prove necessary (see our Privacy Statement).
- If you do not give us all of the information that we need, we may not be able to complete your order.
- The Service is not available to minors under the age of 18 or to any users suspended or removed from the system by KAAPUS for any reason.
- You are prohibited from selling, trading or otherwise transferring your KAAPUS account to another party.
- SERVICE AVAILABILITY
The items we offer on this website are deliverable all over the world. Shipping rates apply.
- HOW THE CONTRACT IS FORMED
The information set out in the Terms and the detail contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any products shall exist between You and us until your order has been accepted by us. If we do not accept your order and funds have already been deducted from your account, these will be fully refunded.
To place an order, You will be required to follow the shopping process online and press the "Authorize payment" button to submit the order. After this, You will receive an e-mail from us acknowledging that we have received your order (the "Order Confirmation"). Please note that this we will confirm the shipment to You by sending You an e-mail that confirms that the product has been dispatched (the "Shipment Confirmation”). The contract for the purchase of a product between us (Contract) will only be formed when we send You the Shipment Confirmation.
The brand holds the authority of checking the authenticity of order by call or E-mail. On any dissatisfaction/authenticity/No response from customer of the order been place, The brand holds the rights to cancel the order.
The Contract will relate only to those products whose dispatch we have confirmed in the Shipment Confirmation. We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipment Confirmation.
- AVAILABILITY OF PRODUCTS
All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give You information about substitute products of an equal or higher quality and value which You can order. If You do not wish to order such substitute products, we will refund any money that You might have paid.
- REFUSAL OF ORDER
We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. Whilst we will make our best efforts to always process all the orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent You an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.
We will not be liable to You or any other third party by reason of our withdrawing any product from this website, whether it has been sold or not, removing or editing any materials or contents on this website or for refusing to process or accept an order after we have sent You the Order Confirmation.
- YOUR RIGHTS TO CANCEL
If You are contracting as a consumer, You may cancel a Contract at any time before the dispatch of goods. In this case, You shall receive a full refund of the price paid for the products in accordance with our Returns Policy (see below Clause 13). The return of a gift/credit coupon shall be governed by the Use Conditions of the Gift Card.
Your right to cancel a Contract only applies to products that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Any product which is damaged or not in the same condition as You received it or which is worn simply beyond opening the product will not be refunded. You should therefore take reasonable care of the product(s) while they are in your possession.
You will not have any right to cancel a Contract for the supply of any of the following products:
- Customized items
- Products whose original wrapping has been removed
Please take good and reasonable care of the products whilst in your possession, and where possible original boxes, instructions/documents and wrappings should be retained and used for the return of the products.
Subject to availability, (see Clause 4 above), and unless there are any exceptional circumstances, we will endeavor to fulfill your order for product(s) listed in the Order Confirmation by the delivery date set out in the Order Confirmation.
Reasons for delay could include:
- Unforeseen circumstances; or
- Delivery area not under our scope of network
- UNABLE TO DELIVER
If we are unable to deliver the goods after two attempts by default as a delivery practice by our carrier . the carrier shall also coordinate on the telephone no provided by you . Still if the parcel is not being received by someone at the address given , then the parcel shall return back to the brand and a refund shall be issued to yourself, in case of prepaid only.
- RISK AND TITLE
The Products will be at your risk from the time of delivery.
Ownership of the products will only pass to You when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery (as defined in clause 7 above), whichever is the later.
The brand also has a sealed box packaging practice . The customer is requested and has the liberty to refuse the parcel if the condition of the packaging is found to be in damaged/tampered /open/soiled condition . In such cases the brand also needs to be notified in written only on our hello@KAAPUS.com email . On such refusal the brand shall make arrangement to dispatch new merchandise ( if holding stock ) or issue a refund to the client , which is in case of prepaid registered orders only .
Upon assuring on the condition of the parcel and duly accepting the consignment , The brand does not take the responsibility of the goods or its condition once the parcel is received by the customer .
- COUPONS AND VOUCHERS
It is at KAAPUS's discretion to send out promotional coupons and gift vouchers. Users can be disqualified under the terms for sending out Coupons and Vouchers.
Coupons and Gift Vouchers will be disabled in the event of Sale promotions or End of Season Sale. However, any coupons available with user can be used post the Sale promotion and End of Season Sale gets over.
Any use of Coupon and Vouchers are governed by KAAPUS and can be withdrawn any time.
- PRICE AND PAYMENT
While we take care to ensure that all prices quoted on our website are accurate, errors may occur. If we discover an error in the price of any product(s) You have ordered, we will inform You as soon as possible and give You the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact You, the order will be treated as cancelled and if You have already paid for the product(s) You will receive a full refund.
We are under no obligation to sell the product(s) to You at the incorrect (lower) price (even after we have sent You an Order Confirmation) if the pricing error is an obvious typographical or arithmetical inaccuracy and could have reasonably been recognized by You as such.
The prices displayed on our website include taxes. Delivery costs is as per clause 7.
KAAPUS owns no responsibility in any manner over any dispute arising out of transactions by any third party using your account/e-mail provided by you to the Company or payments made by your credit card by any third party.
We reserve the right to decline orders for bulk or high value purchases and to change price and availability information without notice.
- CHECKOUT PROCESS
Once You have finished shopping, all the items You wish to purchase are added to your cart. Your next step will be to go through the checkout process and make payment. To do this:
- Click the "CART" button at the top of the page.
- Click on the "Checkout" button.
- Fill-in or check your contact details, the details of your order, the delivery address and the invoicing address.
- Enter the details of your card.
- Click on "Authorize payment"
You can pay using any Indian cards. Similarly, you can pay all or part of the price of your order with a gift card or a KAAPUS credit voucher issued by KAAPUS. The charge will be made the moment we confirm the order.
If you click on "Authorize Payment" you are confirming that the card belongs to you or that you are the legitimate holder of the gift card or the credit voucher card.
Cards are subject to validation checks and authorization by your Card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.
- LIABILITY AND DISCLAIMERS
Our liability in connection with any Product purchased through our web site is strictly limited to the purchase price of that Product.
Nothing in these Terms shall exclude or limit in any way our liability:
- For death or personal injury caused by our negligence;
- For fraud or fraudulent misrepresentation;
- For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.
Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise stated in these Terms, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including (without limit) for any:
- Loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- Loss of data; and
- Waste of management or office time.
Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website.
All product descriptions, information and materials posted on this website are provided "as is" and without warranties express, implied or otherwise howsoever arising.
To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind.
Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights.
You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or KAAPUS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, KAAPUS has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password including cases when it is being used by any of your family members, friends or relatives, whether a minor or an adult. You further agree to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account, whether by any family member, friend, relative, any third party or otherwise shall not be entertained by the Company. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify KAAPUS immediately of any unauthorized use of your account or any other breach of security. KAAPUS reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
- INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or in our licensors. You are permitted to use this material only as expressly authorized by us or our licensors. This does not prevent You using this website to the extent necessary to make a copy of any order or Contract details.
- WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to You should be in writing. When using our site, You accept that communication with us will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on our website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that we provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us should be given to us via our mail firstname.lastname@example.org. Subject to and as otherwise specified, we may give notice to you at either the e-mail or postal address You provide to us when placing an order.
Notice will be deemed received and properly served immediately when mailed to us, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
- TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between You and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to You, whether express or implied.
- EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
- Government Lockdown
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- Any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- ENTIRE AGREEMENT
These Terms and any document expressly referred to in them represent the entire agreement between You and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between You and us, whether oral or in writing.
Both You and us acknowledge that, in entering into this Contract, neither You nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between You and us prior to such Contract except as expressly stated in these Terms.
Neither You nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these Terms.
- OUR RIGHT TO VARY THESE TERMS
We have the right to revise and amend these Terms from time to time.
You will be subject to the policies, Terms in force at the time that You order products from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You).
The following actions will be considered as misuse of the website, and are thus prohibited:
- Transmission or distribution of technologically harmful data like virus, malicious software, trojan, etc.;
- Posting or transmitting content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm to any kind against any group or individual;
- Transmission of junk mails, spam or chain letters;
- Promoting illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Posting unsolicited promotional or advertising content;
- Distributing or reproducing any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights in any way;
- Promoting an illegal or unauthorised copy of another person's copyrighted work 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 file, providing or creating computer viruses;
- Providing instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or posting video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
- Registration & Security
- Once registered, you will receive a confirmation mail on your registered email address.
- 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 will notify KAAPUS of any unauthorized use of your password or account or any other breach of security.
- KAAPUS cannot and will not be liable for any loss or damage arising from your failure to comply.
- Linking to this website
You may provide links to our website homepage. However, it should not suggest our association with you in any form or the other. Also, doing so must not bring any legal or reputation damage to our website.
- LAW AND JURISDICTION
Contracts for the purchase of products through our site will be governed by Indian law.
Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the Bangalore courts.
If You are contracting as a consumer, nothing in this clause will affect your statutory rights as such.
This agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be in Bangalore Urban Karnataka
We welcome your comments and feedback. Please send all feedback and comments to us via our mail hello@KAAPUS.com
- KAAPUS GIFT CARD
GENERAL TERMS AND CONDITIONS OF USE
- The Gift Card (referred to in these terms and conditions as the Card) can be purchased as a virtual Card via www.KAAPUS.com
- These general terms and conditions of use govern the relationship between KAAPUS and the purchaser of a virtual Card via www.KAAPUS.com when a Card is used to purchase items for sale via www.KAAPUS.com.
- The Card is at all times the property of the issuer of the Card (referred to in these terms and conditions as KAAPUS) Cards purchased online through www.KAAPUS.com shall be KAAPUS whose registered office is at the address provided above
- The Card can be used to purchase any item for sale on any item on in. The Card cannot be used in any other stores or countries or through the partner eCommerce sites.
- The initial opening balance for the Card can be paid by any of the means of payment accepted at the relevant at in(as applicable) but not by means of another Gift Card.
- The balance on the Card shall not at any time be refunded, or exchanged for cash except (i) in accordance with your legal rights.
- The Card can be used as many times and for as many purchases as the cardholder chooses until the total balance of the Card has been used up.
- After using the Card, the remaining balance on the Card available shall be the difference between the balance available prior to the purchase and the relevant amount used up in such purchase. The remaining balance on the virtual Card - in the information provided upon placing an order if the purchase is made online via www.KAAPUS.com. The remaining balance of the Card may at any time be checked online at inUnless evidence is given to the contrary, the balance of the Card shall be as stated in the information provided upon placing an order online at www.KAAPUS.com in respect of the last purchase made with the Card.
- Where the purchase price is in excess of the available balance on the Card, the difference may be paid through any other payment means accepted
- Products purchased with the Card online via www.KAAPUS.com shall be subject to the exchange and return policy shown on that website.
- Where appropriate, refunds for products purchased with the Card which are returned shall be made by KAAPUS in the following manner: 11.1 by crediting the price of the returned product(s) back onto the remaining balance of the Card where the Card is still valid; or 11.2 where the Card has expired either a Voucher Card issued by KAAPUS with the relevant exchange and return policy.
- The Card shall be valid for 3 months from the date of purchase. At the expiry of the validity period, the Card cannot be renewed, or used to purchase goods, nor shall any unused remaining balance in the Card be claimed.
- Cards obtained through any unlawful means shall be null and void and they shall not be used to purchase products, nor shall the remaining balance on the Card be refunded.
- The Card shall not be used for the purposes of advertising or promoting products or services marketed by any third party other than KAAPUS without KAAPUS’s prior written consent.
- The purchase and/or use of the Card evidences full acceptance of these terms and conditions which have been made available to the purchaser at www.KAAPUS.com.
- The Company reserves the right at all times to discontinue or modify any of our T&C as we deem necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges.
- MARKETING COMMUNICATION
Giving acceptance for the newsletter subscription at the checkout page entitles us to send all KAAPUS Promotional content to the registered users like newsletters, SMS, emails, WhatsApp, etc.