In addition, if the revised version of this Agreement includes a Substantial Change, we will provide you with 30 days prior notice of such Substantial Change as per the Notification Preferences provided by you. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this Agreement.
Description of Services
Envoged is an online fashion website that provides users with a platform to buy and sell luxury designer products via each other's closets. The Site provides a number of Internet-based services through the Website, with the core function of the Website being a facilitator to a marketplace for sellers and buyers of second hand fashion apparel (all such services, collectively, the “Service”). We understand and respect a user's anonymity and do not ever request that a user reveal his/her identity.
This Agreement sets forth the terms and conditions that apply to the use of the Site by the User. By using this Site, the User agrees to comply with all of the TERMS AND CONDITIONS hereof. The right to use the Site is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of their password(s), if any. The User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the Internet. While it is the Company’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site 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 the control of the Company, access to the Site may be interrupted, suspended or terminated from time to time. The Company shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Company may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
License and Site Access
We grant you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by us to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by us.
Use of the Site is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Site and shall not sell, purchase or bid for any items on the Site. As a minor if you wish to purchase or sell an item on the Site your legal guardian or parents who have registered as users of the Site may make such purchase or sale. We reserve the right to terminate your membership and refuse to provide you with access to the Site if it is brought to our notice or if it is discovered that you are under the age of 18 years.
In consideration of your use of the Site, 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 We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have 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 us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion. Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
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 shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
Our goal is to sell your luxury item quickly while bringing the best value within the pre-owned luxury market. DELIVERY OF PROPERTY; RISK OF LOSS; INSURANCE Consignor makes the Property available to Envoged on a consignment basis. Consignor will ensure that the consignment products are insured from all risks of fire, theft , flood . Accidental damage or breakage, any acts of nature resulting or any damage to the property until agreed upon products are delivered to Envoged at the contracted shipping address. The consignor retains all risk of loss or damage to the Property while the Property is in transit. All risk of loss or damage of the Property will pass to the Site when the Property is in Envoged’s physical possession.
1. ACCEPTANCE OF PROPERTY; CONDITION OF ITEMS AND AUTHENTICATION
Envoged only accepts items of a certain standard i.e. very good to excellent condition. Upon receipt, we evaluate the Property to determine its condition,authenticity and quality. The consignor attests to the authenticity of all agreed upon items and confirms that they have not knowingly attempted to resell counterfeit products to Envoged. Products deemed to be counterfeits will be returned to the consignor with the charges of authentication, shipping costs and also it will terminate the contact between the consignor and Envoged. Items of Property that do not meet our authenticity or quality standards, or are not included in the Designer Directory will not be accepted and will be returned to Consignor at the Consignor’s expense.
2. EFFORTS TO SELL; PRICE
Upon acceptance of the Property, Envoged will display and make commercially reasonable efforts to sell the Property. Extensive efforts are put to sell the property like authentication, photo shots, product restoration/spa and media advertisements. Consignor acknowledges that the Site will designate the product category applicable to the Property. The Site will set the initial selling price for the Property, and the Site may change the selling price at its sole discretion from time to time without notice to Consignor. The Site reserves the right to run promotions on its website and by other means and to offer discounts to its customers at its sole discretion. Consignor acknowledges and agrees that items of its Property consigned hereunder may be advertised, displayed and sold with items belonging to other consignors. Incase of no sale within the consignment period of the product, several efforts can be put for the products promotion, which may include reduction of price, by the consignors consent. However, it it’s not acceptable to the consignor the product is returned to you at no cost.
3. TITLE OF PROPERTY
Consignor attests that they have the legal title to and are in legal possession of all the products that Envoged is to sell on behalf of them.Please note consignment does not mean sale of the product. The consignor legally gives the rights to Envoged to sell their product. The legal ownership of the product is transferred to the buyer of the product on the day the product is purchased and shipped to the buyer and the consignor is notified. Please note incase of no sale, after informing the consignor periodically we store the item for a period of 90 days post consignment period .If ownership is not claimed within this time, Envoged ceases the ownership of the item.
4. DURATION OF CONTRACT AND TERMINATION
The consignment period of a product is unto 3 months from the date the product is listed on the website. In the event of a premature termination of the agreement, the Consignor shall be liable to pay a compensation of Rs. 2500/ for Products up to an indicative value of Rs.1,00,000/ and Rs.3,500/ for Products above that value.
Consignors are paid after their product is sold and payment has been cleared. The payment is scheduled within 30-40 working days of sale of the product.
Authentication in all forms, whether it is of antiques, signatures, collectibles, etc. is a matter of opinion, handbags included. The only true 100% authority would be the manufacturer of the goods (sales executives and associates of respective brands are not to be considered) . Our liability is limited to the cost of the authentication. Should you happen to get a different opinion from another qualified authentication service that is different from ours, we would be willing to re-evaluate the handbag, however, after re-evaluation our final determination on the bag will be issued and the matter closed. Money back guarantee will come to play IF AND ONLY IF the product is proved to be COUNTERFEIT by the designer itself in written documentation. The authentication is provided to you on an "as is" basis without any warranties of any kind. The company and the authenticators performing the authentication, to the fullest extent permitted by law, disclaim all warranties with regard to the authentication, including without limitation, the warranty of merchantability. The company and its authenticators make NO WARRANTIES about the accuracy, reliability, completeness, or timeliness of the authentication.
The User shall be responsible for obtaining and maintaining telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto. The Company shall not be liable for any damages to the User's equipment resulting from the use of the Site.
While we have made every effort to display as accurately as possible the colors of the products that appear on the Site, we cannot guarantee that your monitor or screen’s display of any color will be completely accurate, as computer monitors and screens of electronic devices vary.
When You use the Site or send emails or other data, information or communication to us, You agree and understand that You are communicating with us through electronic records and You consent to receive communications via electronic records from us periodically and as and when required. We will communicate with you by email or by an electronic record on our Site which will be deemed adequate service of notice / electronic record.
Links to Third Party Sites
The Site or third parties may provide links to other World Wide Web sites or resources. Because we have no control over such Sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
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.
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 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 or any questions related to authentication. 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, the said amount will be reversed back in your Card Account. Incase of Cash On Delivery (COD), we hold the right to cancel the order if no verbal or written confirmation is made within 48 hours with us after placing the order at the website.
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 order 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.
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.
Credit Card Details
You agree, understand and confirm that the credit card details provided by you for availing of services on the Site will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to us. Further the said information will not be utilized and shared by us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
You shall to the fullest extent indemnify and hold harmless the Company, its subsidiaries and affiliates, and their respective officers, directors, shareholders, 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 this Agreement, or the documents it incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.
The price of our merchandise is inclusive of the VAT. The VAT charged should depend upon the destination where the order has to be shipped. The tax rate applied to the order will be the combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. We reserve the right to collect taxes for shipping charges wherever applicable. Please note that the tax implication should be the liability of the seller/buyer Envoged is only a facilitator of the transaction.
We strive but do not guarantee to deliver the products to Users within 3-4 weeks from the day of close of sale depending upon the shipping location. We work with different types of channel partners and the delivery time to Users is subject to delivery of products from supplier to us. Other factors include delay in delivery through the courier partner, transporters’strike etc. We reserve the right to make delivery of the goods by installments i.e., incase of an order containing several products. If the goods are to be delivered in installments, each delivery will constitute a separate invoice/contract. You may not treat the contract (as a whole) as repudiated if we fail to deliver any one or more of the installments or if you have a claim in respect of any one or more of the installments. If you fail to take delivery of the goods, we may at our discretion charge you for the additional shipping cost.
Please note we insure each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a third party recipient 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 fulfillment by us of our obligation, and transfer of responsibility in the same way. Kindly note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. We are not responsible for any delays caused by third party delivery agencies and/or due to time required for statutory clearances during the delivery process.
Further, we may at times be unable to deliver the confirmed order(s) to you and the reason for the same could be inclusive of but not limited to the following:
(i) unavailability of the relevant product;
(ii) poor/improper/defective quality of the relevant product ascertained through our quality audit process; and,
(iii) inaccuracies or errors in product or pricing information. In the event of any circumstance(s) as aforementioned; you shall not be entitled to any damages or monetary compensation.
In the event we are unable to deliver the confirmed order(s) as mentioned herein above and the payment for such order(s) has been made by you through your credit/debit card, the amount paid by you while placing the order(s) on the Site will be reversed back in your card account. No refunds shall be applicable on the orders made by the Users under the Cash on Delivery (“COD”) option.
Returns & Exchange
We offer a very easy return and exchange policy. If in any case you wish to return or exchange the product, you have to notify us about the same within 24 hours of delivery of the product. We must receive the merchandise within 7 days from the date it was shipped to you. Ensure that the product is intact with its authenticity seal and you return the item in the condition you received it. We also require all original papers and packaging be returned with the product. Products will be returned only if they are returned in their original packaging. Our executives will contact you with 2-3 business days and will guide you henceforth through the process of returning and exchanging your purchase. In case you want to exchange your current purchase with another item on the website you can do so for an item of the same value or above. Please note we do not offer refunds as a company policy, however we can issue a Debit voucher of the same value, which can be used up to 12 months from the date of purchase. Refunds/Money back guarantee if only offered if and only if the product is proved to be COUNTERFEIT by the designer itself.
In case of refund of returned products the following terms and conditions are applicable:
1. A shipping charge of Rs.50 is applicable on orders under Rs.2500 which will be included in the total cost of the order placed. For orders over Rs.2500, there is no shipping charge.
2. If your order is lost/undelivered/cancelled, an amount excluding any shipping charges will be refunded to you.
3. If an order is returned by you, the shipping charges will/will not be refunded based on our return policy.
4. Kindly inform us within a period of maximum 3 days in case the item is found counterfeit or damaged for us to be able to process your return. After an expiry of 3 days from the date of receipt of order, returns will not be processed.
5. In case of returns, the net purchase amount will be credited to your account within 7 days upon receipt of the item by us.
The trademarks, logos and service marks ("Marks") displayed on the Site are our property and/or the property of the respective persons. Users are prohibited from using any Marks for any purpose whatsoever without our prior written permission or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
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 the Company protected by copyright as a collective work under the applicable copyright laws. The Company 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. Users may download / print / save copyrighted material for the User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of the Company and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with the Company shall not be deemed to be in the public domain but rather the exclusive property of the Company, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of the Company, unless otherwise stated.
None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever. Except as explicitly stated otherwise, any notices shall be given by postal mail to Flat No.404, B-Wing, Tirupati CHS Ltd, Powai Park, Hiranandani, Powai – 400076, Maharashtra - INDIA or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. If any clause of this Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Agreement. This Agreement sets forth the entire understanding and agreement between you and us with respect to the subject matter hereof. In the Company’s sole discretion, it may transfer its rights and obligations (under this Agreement without your prior express consent.
The Company may terminate this Agreement at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate any passwords or accounts of the User in the event of any conduct by the User which the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by the User of this Agreement. Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement.