The terms and conditions contained herein and the Privacy Statement provided in the site/ app form an Agreement regulating our relationship with regard to the use of the Hema Collections website/ App by you. You are advised to read this Agreement carefully. If you do not agree to any of these terms and conditions, you should not use this service. Using the Hema Collections site/ app would constitute your confirmation & agreement to all the terms and conditions of this document. If you accept this agreement, it will be considered to be a legally binding agreement between you and Hema Collections (Hema Collection).

Applicable Law:

This Hema Collections site/ app is created and controlled by Hema Collections, Mumbai, India; as such the laws of India shall apply; courts in Mumbai shall have jurisdiction in respect of all the terms, conditions and Safety Notice/Disclaimers. Hema Collections reserves the right to make changes to the site/ app and the terms, conditions and Safety Notice/Disclaimers.

Definitions:

“Agreement” means the Terms and Conditions as detailed herein including all Annexure, Appendices, Privacy Statement, Schedules, etc. And will include the references to this Agreement as amended, supplemented, varied or replaced from time to time.” “Hema Collections””Store” / “Site/ app” means the online shopping platform owned and operated by Hema Collections., which provides a venue to the users of Hema Collections to buy the products listed on Hema Collections ‘s store/site/ app. “Customer” / “Buyer” shall mean the person or any legal entity who accepts the offer for sale on Hema Collections by placing an order for and or purchases any products offered for sale on Hema Collections’ Store/Site/ app. “User”/ “You” means and includes you and/or any person or an entity using or accessing the services provided on this Site/ app.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Eligibility:

You represent and warrant that you are above 18 years of age, competent and eligible to enter into legally binding agreement and have the requisite/ app authority to bind the other party to this Agreement. You shall not use this Site/ app if you are not competent to contract under the applicable laws, rules and regulations.

Term of Agreement/Service:

This Agreement shall continue to be in full force and effect for so long as you are using the Hema Collections’ services. Hema Collections provides the shopping platform wherein the Users can purchase/buy the products listed on Hema Collections Store/ App/ Site pursuant to the terms and conditions set forth below.

Modification of Terms and conditions of Service:

Hema Collections may at any time modify the Terms and Conditions (“Terms”) of the Service without any prior notification to you. You can access the latest version of the Terms at any given time. You should regularly review the Terms. In the event the modified Terms are not acceptable to you, you should discontinue using the service. However, if you continue to use the service you agree to accept and abide by the modified Terms.

Registration Data:

To avail of and use the Services you will have to register with Hema Collections. As a part of registration process you agree to provide Hema Collections current, complete, and accurate registration information (the “Registration Data”) as prompted to do by the Service and to maintain and update this information as required to keep it current, complete and accurate. If you provide any information that is untrue, inaccurate not current or incomplete then Hema Collections has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete; Hema Collections has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to Hema Collections. You shall be responsible for maintaining the confidentiality of your password, which you will not be under an obligation to reveal to any representative or agent of Hema Collections. You shall notify [email protected] of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.

Electronic Communication:

Users consents to receive communications from Hema Collections electronically. Hema Collections will communicate with Users by email, SMS, or by posting notices on the Site/ app.

Online Shopping Platform:

You agree, understand and acknowledge that Hema Collections is an online shopping platform, enabling the users to buy any product listed on Hema Collections at the price indicated on the terms and conditions indicated therein at any time from any place.

Hema Collections shall neither be liable nor responsible for any actions or inactions of the makers, any breach of conditions, representations or warranties by the manufacturer of the products. Users shall perform their obligations in respect of the transaction concluded on this Site/ app and further expressly disclaims any warranties or representations express or implied in respect of quality, safety, merchantability, fitness for a particular purpose, or legality of the products listed and transacted on Hema Collections.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.Hema Collections is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered, returned undelivered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply/till stock lasts. Hema Collections accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

Orders:

All orders shall be pre-approved with an acceptable method of payment as established by Hema Collections which may call for and require additional verification or information.

The address at which delivery of the product ordered by you are to be made should be correct and proper in all respects.

After the receipt of payment from the Buyer, Hema Collections shall arrange for the delivery of the product to the buyer at the shipping address provided by the

Any and all orders placed by you on this Site/ app are a firm commitment to purchase and you are obligated to complete the transaction and not contest it in anyway.

Before placing an order you are advised to check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.

Card details:

You agree, understand and confirm that the debit/credit card details provided by you for availing of services on Hema Collections will be correct and accurate and you shall not use the debit/credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid debit/credit card details to Hema Collections. Further the said information will be not be utilized and shared by Hema Collections with any of the third parties unless required by law, regulation or court order.

In a credit/debit card transaction, you must use your own credit/debit card. Hema Collections will not be liable for any credit/debit card fraud. The liability to use a card fraudulently will be on the user and the onus to ‘prove otherwise’ shall be exclusively on the user.

Your passwords and account security:

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Hema Collections for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Hema Collections immediately at [email protected].

Confirmation:

You understand, declare and agree that: Hema Collections shall not and is not required to mediate or resolve any dispute or disagreement between you and the Manufacturer. You release and indemnify Hema Collections and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site/ app and specifically waive any claims that you may have in this behalf under any applicable law.

Pricing Policy:

While Hema Collections strives to provide accurate product and pricing information, pricing or typographical errors may occur. Hema Collections cannot confirm the price of a product until after you order. 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, Hema Collections shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, Hema Collections may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and Hema Collections will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that Hema Collections accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Hema Collections dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your wallet/ credit card account.

We strive to provide you with the best prices possible on Hema Collections as well as in all our stores. However, sometimes a price online does not match the price in a store. In our effort to be the lowest price provider in your particular geographic region, store pricing will sometimes differ from online prices.

Prices and availability are subject to change without notice.

Cancellation by Hema Collections :

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 include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. 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.

Cancellations by the Customer :

In case we receive a cancellation notice and the order has not been shipped by us, we shall cancel the order and refund the entire amount. The orders that have already been shipped out by us will not be cancelled and you will have to check our return policy on those orders. The customer agrees not to dispute the decision made by Hema Collections and accept Hema Collections’ decision regarding the cancellation.

Colors:

We have made every effort to display the colors of our products that appear on the Site/ app as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Reviews, Feedback, Submissions:

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Hema Collections on or by this Site/ app or otherwise disclosed, submitted or offered in connection with your use of this Site/ app (collectively, the “Comments”) shall be and remain Hema Collections property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Hema Collections of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Hema Collections owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Hema Collections will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.

Hema Collections is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site/ app will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity.

You further agree that no Comments submitted by you to the Site/ app will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. Hema Collections does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site/ app. You grant Hema Collections the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Hema Collections and its affiliates for all claims resulting from any Comments you submit. Hema Collections and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Suspension due to non-compliance with Agreement:

Notwithstanding other legal remedies that may be available to Hema Collections may in its sole discretion limit User activity by immediately removing User listing either temporarily or indefinitely or suspend or terminate User membership, and/or refuse to provide User with access to the Site/ app.

If the User is in breach any of the terms and conditions of this Agreement and/or the Terms and conditions of usage of Hema Collections; if the User has provided wrong, inaccurate, incomplete or incorrect information; if your actions may cause any harm, damage or loss to the other Users of Hema Collections.

Illegal and/or unauthorized use of the Service, including unauthorized framing of or linking to the Hema Collections Site/ app will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Indemnity:

User agrees to defend, indemnify and hold harmless to Hema Collections ., its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon the use of User’s actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User’s infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of liable, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.

Limitation of Liability:

Hema Collections has made this service available to use as a matter of convenience. Hema Collections expressly disclaims any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the images available under this service in an obscene, vulgar or pornographic manner. User agrees and acknowledges that user shall be solely responsible for user’s conduct and that Hema Collections reserves the right to terminate your rights to use the service immediately, notwithstanding penal provisions under the Indian cyber laws or any other allied laws enacted by the government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time.

In no event shall Hema Collections be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Hema Collections’ site/ apps/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement, even if Hema Collections has been advised of the possibility of damages, or inability to use the Hema Collections’ site/ apps/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Hema Collections’ site/ apps/services, or otherwise arising out of the use of the Hema Collections site/ apps/services, whether based on contract, tort, negligence, strict lia bility or otherwise, even if Hema Collections or any of its suppliers has been advised of the possibility of damages. Hema Collections does not endorse in anyway any advertisers/ contents of advertisers on its Web Pages.

The clause shall survive the termination or expiry of this agreement.

Privacy Policy:

Use of this site/ app is subject to our Privacy Statement (Policy); Hema Collections respects your privacy. Hema Collections will not intentionally monitor or disclose any private messages or address information unless required by law, regulation or court order. You agree to respect the privacy and confidentiality of others. We reserve the right to change or update these policies at any time upon reasonable notice, effective immediately upon posting to this site/ app.