Terms & Conditons
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.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name [www.vernalvogue.com][www.vernalvogue.com] (“Website”), including the related mobile site and mobile application (hereinafter referred to as “Platform”)
This platform is owned by Vernal Vogue.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Vernal Vogue Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.
Membership Eligibility
Transaction on the Platform is available only to persons who can form legally binding contracts under corresponding continent's contract Act. Persons who are "incompetent to contract" within the meaning of the Contract Act including un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent ormlegal guardian.
As a minor if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. Vernal Vogue reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to Vernal Vogue's notice or if it is discovered that You are under the age of 18 years and transacting on the Platform.
Your Account and Registration Obligations
If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform.
Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a onetime password verification.
You agree that Vernal Vogue shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website Platform.
If You share or allow others to have access to Your account on the Platform (“Account”), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.
Communications
When You use the Platform 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 may communicate with you by email or by such other mode of communication, electronic or otherwise.
Contents Posted on Platform
Vernal Vogue has control over all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content").
Except as expressly provided in these Terms of Use, no part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Platform or other medium for publication or distribution or for any commercial enterprise, without Vernal Vogue's express prior written consent.
You may use information on the products and services purposely made available on the Platform for downloading, provided that You
(1) do not remove any proprietary notice language in all copies of such documents,
(2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
(3) make no modifications to any such information, and
(4) do not make any additional representations or warranties relating to such documents.
You shall be responsible for any notes, messages, emails, reviews, ratings, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Platform (collectively, "Content"). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.
SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE PLATFORM.
Disclaimer of Warranties and Liability
This Platform, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Vernal Vogue does not warrant that:
This Platform will be constantly available, or available at all; or
The information on this Platform is complete, true, accurate or non-misleading.
Vernal Vogue 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 Platform.
Vernal Vogue does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to you through the Platform; their servers; or electronic communication sent from us are free of viruses or other harmful components.
Nothing on Platform constitutes, or is meant to constitute, advice of any kind. All the Products sold on Platform are governed by different state laws and if we're unable to deliver such Products due to implications of different state laws, we'll return or will give credit for the amount (if any) received in advance to You.
You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
Selling.
Payment
While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
-
Lack of authorization for any transaction/s, or
-
Exceeding the preset limit mutually agreed by You and between "Bank/s", or
-
Any payment issues arising out of the transaction, or
-
Decline of transaction for any other reason/s
All payments made against the purchases/services on Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Platform will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Platform.
Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
Further:
-
Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal. Use of the payment facility shall not render Vernal Vogue liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Vernal Vogue's Platform.
-
You have specifically authorized Vernal Vogue or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with Vernal Vogue is on a principal to principal basis and by accepting these Terms of Use you agree that Vernal Vogue is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on Vernal Vogue's Platform that are paid for by using the Payment Facility. Vernal Vogue does not guarantee the identity of any User.
-
You understand, accept and agree that the payment facility provided by Vernal Vogue is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Vernal Vogue Platform using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Vernal Vogue is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
Payment Facility for Buyers:
-
You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
-
You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
-
You, as a Buyer, shall electronically notify Payment Facility using the appropriate Flipkart Platform features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.
-
You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Platform features within the stipulated time than this would make You ineligible for a refund.
-
You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services
-
Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received, or through any other method available on the Platform, as chosen by You.
-
For Cash On Delivery transactions, refunds, if any, will be made via electronic payment transfers.
-
Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
-
For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
-
Refunds may be supported for select banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details with us for processing the refund.
-
Refund shall be conditional and shall be with recourse available to Vernal Vogue in case of any misuse by Buyer.
-
We may also request you for additional documents for verification.
-
Refund shall be subject to Buyer complying with Policies.
-
Vernal Vogue reserves the right to impose limits on the number of Transactions or Transaction Price which Vernal Vogue may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
-
Vernal Vogue reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Vernal Vogue or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
-
Vernal Vogue may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of Vernal Vogue. As a result of such check if Vernal Vogue is not satisfied with the creditability of the Buyer or genuineness of the Transaction or other reasons at its sole discretion, Vernal Vogue shall have the right to reject the receipt of / Buyers commitment to pay Transaction Price. For avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment, may be disabled for certain account users, at the sole discretion of Vernal Vogue.
-
Vernal Vogue may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if Vernal Vogue deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Vernal Vogue may hold Transaction Price and Vernal Vogue may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
-
The Buyer and Seller acknowledge that Vernal Vogue will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Vernal Vogue.
Compliance with Laws:
-
As required by applicable law, if the Customer makes a purchase of an amount equal to or above INR 2 00 000.00, the Customer will be required to upload a scanned copy of his/her PAN card on the Platform, within 4 days of making the purchase, failing which, the purchase made by the Customer will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by the Customer, it need not be submitted again. The order of the Customer shall stand cancelled if there is a discrepancy between the name of the Customer and the name on the PAN Card.
-
Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Vernal Vogue Platform.
Buyer's arrangement with Issuing Bank:
-
All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
-
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
Digital Content: eBooks
eBook Format: You will be able to purchase eBooks in pdf/docx format on the Vernal Vogue Platform/Wix application. Such files shall be provided to you as per your selection, subject to certain limitations as described herein. You shall be granted specified download rights of files from the catalog of eBooks displayed on the Platform.
Download rights: You will need to be registered with Vernal Vogue to make an eBook purchase. The eBooks which you purchase from the Vernal Vogue Platform shall be added in your Vernal Vogue eBooks library from where you can download the eBooks onto your device(/s). Each downloaded eBook is locked to the User account and the downloader device. These downloaded eBooks cannot be transferred onto other devices. Each device used by you will have to be synced with your online eBooks library. You can sync a maximum of six(6) devices against your user account. You can download the eBooks to your mobile or tablet devices for offline reading and can read the eBooks using the Wix Application only.
Product Description
Vernal Vogue does not warrant that Product description or other content of this Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Update
This post was last updated on 30 August, 2021. It can be updated in future as needed.
Contact Us
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this platform through the email link.
Read more about Vernal Vogue's Privacy policy and Shipping Policy.