TERMS AND CONDITIONS
The following terms and conditions govern all use of the bespokepelle.com and the services available on or at the Site. The Service is owned and operated by Bespokepelle (“bespokepelle”). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Bespokepelle – including, without limitation, Bespokepelle Shipping and Return Policy.
Subject to the terms and conditions of this Agreement, the Service is provided solely for User’s own personal use, and not for the use or benefit of any third party. Bespokepelle may change, suspend, or discontinue the Services at any time, including the availability of any feature, or content. Bespokepelle may also impose limits on certain features and services or restrict User’s access to parts or all of the Services without notice or liability.
User certifies to Bespokepelle that if User is an individual User is at least 18 years of age. The user also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
Bespokepelle reserves the right, at its discretion, to modify this Agreement internally at any time. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by User following such notification constitutes User’s acceptance of the terms and conditions of this User Agreement as modified.
Bespokepelle currently accepts the following credit cards and debit cards on the site: VISA and MasterCard.
Credits: Unused credits will be forfeited if bespokepelle.com account is terminated for any reason – whether the customer chooses to cancel or if Bespokepelle cancels customer’s account for any reason. Customer’s account must be in good standing to be eligible to redeem credits. Credits have no cash value. Bespokepelle reserves the right to change these credit terms and conditions at its discretion, and may terminate the credits program at any time. Refunds are at the sole discretion of Bespokepelle.
The customer is responsible for all sales taxes (as applicable).
SHIPPING AND RETURN.
Purchases are subject to Bespokepelle’s Shipping and Return Policies. Restocking fees apply. The risk of loss and title for Products ordered by Customer shall pass to Customer upon Bespokepelle’s delivery of the items to the carrier. Replacement of products and credits to customer’s account for Products claimed as damages or not received are subject to Bespokepelle’s investigation and discretion.
There are no returns or exchanges on final sale merchandise.
Customer agrees to receive emails promoting any special offers, including third party offers, as well as Bespokepelle newsletters. Customers can opt out of promotional emails from by clicking the unsubscribe link at the bottom of the emails. Transactional and Program emails are required for visitors and customers
In the event a Bespokepelle product is listed at an incorrect price due to typographical error or error in pricing, Bespokepelle shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Bespokepelle shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Bespokepelle shall issue a credit to your credit card account in the amount of the incorrect price.
ORDER CANCELLATION BY Bespokepelle
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, the said amount will be reversed back in your Card Account. Any type of voucher used in these orders shall be pushed back into the userís account in case of cancellation by bespokepelle.com
ORDER CANCELLATION BY CUSTOMER
In case of requests for order cancellations, Bespokepelle reserves 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 the order shall be valid and accepted only if they are made within 24(twenty-four) hours of making the order on the Site.in such cases refund will be processed through same mode with in 10 working days. We will not be able to cancel orders that have already been processed or orders for which request for cancellation is made after the expiry of 24 (twenty-four) hours from making the order. Bespokepelle has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by Bespokepelle and accept Bespokepelle’s decision regarding the cancellation. In the event of cancellation of the order by the customer, Bespokepelle shall not refund the voucher, if any used against such order.
FRAUDULENT /DECLINED TRANSACTIONS
Our fraud detection team constantly monitors the userís account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under the law and www.bespokepelle.com reserves the right to recover the cost of goods, collection charges, and lawyers fees from persons using the Site fraudulently. Bespokepelle reserves 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, bespokepelle.com reserves the right to immediately delete such account and dishonor all past and pending orders without any liability. For the purpose of this clause, Bespokepelle shall owe no liability for any refunds.
SITE CONTENT GENERALLY.
The content on the Service, including without limitation: the text, abstracts, metadata, software, scripts, graphics, files, images, photos, sounds, music, videos, interactive features and the trademarks, service marks and logos contained therein , are owned by or licensed to Bespokepelle, subject to copyright and other intellectual property rights under India and foreign laws and international conventions. Bespokepelle reserves all rights not expressly granted in and to the Service and the Content. User shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Content or Marks without the express prior written consent of the respective owners.
Bespokepelle grants to User a limited nonexclusive, non-transferable, non-sub licensable right solely to display and view the Content for personal, non-commercial use. If User downloads or prints a copy of the Content for personal use, User must retain all copyright and other proprietary notices contained therein. Copying, using or storing any Content for other than noncommercial use is expressly prohibited without prior written permission from Bespokepelle or from the applicable copyright holder.
User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Site.
The Service may permit the submission of text, images or other communications by User and other users and the hosting, sharing, and/or publishing of such User Submissions. User understands that whether or not such User Submissions are published, Bespokepelle does not guarantee any confidentiality with respect to any such submissions.
User shall be solely responsible for User’s own User Submissions and the consequences of posting or publishing them. User agrees that Bespokepelle has no liability with respect to any User Submissions, including, without limitation, User’s own User Submissions, and User hereby irrevocably releases Bespokepelle and its officers and directors, employees, agents, representatives, and affiliates, from any and all liability arising out of or relating to User Submissions or any part thereof.
In connection with User’s User Submissions, User affirms, represents, and warrants that: (i) User owns or has the necessary licenses, rights, consents, and permissions to use and authorize Bespokepelle to use each and every image and sound contained in each such User Submission and to enable inclusion and use of such User Submissions in the manner contemplated by the Site, the Service and this Agreement; (ii) User has the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site, the Service and this Agreement; and (iii) the posting of User’s User Submission on or through the Site or the Service or otherwise does not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person or entity. User agrees to pay all royalties, fees, and other monies owing any person or entity by reason of any content posted by User to or through the Site or the Service.
By submitting the User Submissions to the Service, or displaying, publishing, or otherwise posting any content on or through the Service, User hereby does and shall grant Bespokepelle a worldwide, non-exclusive, royalty-free, fully paid, sublicenseable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Service and Bespokepelleís (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. The user also hereby does and shall grant each user of the Service a non-exclusive license to access User’s User Submissions through the Service, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Service. For clarity, the foregoing license grant to Bespokepelle does not affect User’s other ownership or license rights in User’s User Submission(s), including the right to grant additional licenses to the material in such User Submission(s).
In connection with User Submissions, User further agrees that User will not: (i) publish falsehoods or misrepresentations that could damage Bespokepelle or any third party; (ii) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or solicitations of business; (iv) impersonate another person; (v) submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity right, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Bespokepelle all of the license rights granted herein; or (vi) submit material that is unsuitable for minors in any country. Bespokepelle does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Bespokepelle expressly disclaims any and all responsibility or liability in connection with User Submissions.
Bespokepelle reserves the right to decide whether a User Submission is inappropriate or violates this Agreement, including but not limited to copyright infringement, violations of intellectual property law, pornography, obscene or defamatory material, or excessive length. Bespokepelle also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages and User Submissions) by User, or to restrict, suspend or terminate User’s access to all or any part of the Site or the Service at any time, for any or no reason, with or without prior notice. Notwithstanding the foregoing, Bespokepelle assumes no responsibility for monitoring the Service for inappropriate content, or modifying or removing such content from the Service.
User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. Bespokepelle reserves the right to bar any such activity.
User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Bespokepelle server, or to any of the services offered on or through the Service, by hacking, password “mining”, or any other illegitimate means.
User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service. User shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Service, or any other customer of Bespokepelle, including any Bespokepelle account not owned by User, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Service.
User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Bespokepelle’s systems or networks, or any systems or networks connected to the Service or to Bespokepelle.
User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service.
User shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal User sends to Bespokepelle on or through the Service. User shall not, in connection with the Service, pretend (e.g. through impersonation) that User is any other individual or entity.
User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement, or which infringes the rights of Bespokepelle or others.
THIRD PARTY SITES.
The Site may permit User to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Bespokepelle ‘s control, and User acknowledges that Bespokepelle is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Bespokepelle. User further acknowledges and agree that Bespokepelle shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such website or resource.
The user is responsible for all of its activity in connection with the Service. User shall defend, indemnify, and hold harmless Bespokepelle, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers, and representatives from all liabilities, losses, damages, claims, and expenses, including reasonable attorneys’ fees, that arise from or in connection with: (i) User’s use or misuse of the Service; (ii) User’s access to any part of the Service, or (iii) User’s violation of this Agreement.
THE SERVICE AND ALL PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTIES SHALL BE VOID TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL Bespokepelle, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY LICENSORS, OR THIRD PARTY SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF FORESEEABLE OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION).
You agree to indemnify and hold Bespokepelle (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, including but not limited to reasonable attorneysí 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
Bespokepelle may terminate User’s access to all or any part of the Service at any time, with or without cause, effective upon notice thereof to User. Bespokepelle may also terminate a Customer’s account at any time, in its discretion. Upon termination notice from Bespokepelle, User will no longer access the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.
Bespokepelle makes no representation that the Service is appropriate or available for use in the country, geographic area or jurisdiction where User is located, and accessing the Service from territories where any of the content accessed via the Service may be illegal is prohibited. The user is responsible for compliance with local laws when User access and use the Service.
All content included on the Site, such as text, graphics, logos, button icons, images, and software is the property of Bespokepelle or Bespokepelle’s licensors and other content suppliers – and protected by India and international copyright laws. All software used in connection with the Site is the property of Bespokepelle or its software suppliers and protected by India and international copyright laws.
When User visits the Site or sends e-mails to Bespokepelle, User is communicating with Bespokepelle electronically. User hereby consents to receive communications from us electronically. Bespokepelle will communicate with User by e-mail or by posting notices on the Site. User agrees that all agreements, notices, disclosures and other communications that Bespokepelle provides to User electronically satisfy any legal requirement that such communications be in writing.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Bespokepelle’s prior written consent. Bespokepelle may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws as applicable in India. Any disputes will be handled in the competent courts of Delhi, India