TERMS & CONDITIONS
Welcome to www.OroFit.com. By using the Website you agree to be bound by these Terms and Conditions and any Orders placed by you are bound by these Terms and Conditions. Given this, please be sure to read and make sure you understand the Terms and Conditions prior to placing an Order with us. We would particularly like to draw your attention to the following important clauses: clauses 1 and 2 which relate to the products that we sell online; clauses 3, 6, 7 and 8 which relate to pricing and payment methods; clause 5 which concerns the order process; clauses 10 and 11 which discusses delivery of your Order; clauses 12 to 15 (inclusive) which cover the cancellation, return and refund of an Order; and clause 20 which discusses liability and indemnity. If you do not agree to these Terms and Conditions, please do not use the Website.
The Website is provided solely for your personal use. You may not use the Website for any commercial purpose. We reserve the right, at our sole discretion, to change, modify, add, amend or remove any part of these Terms and Conditions from time to time and it is your responsibility to check these Terms and Conditions from time to time for changes. We may modify or withdraw, temporarily or permanently, the Website (or any part of it) and we shall not be liable to you or any third party for any modification to or withdrawal of the Website. If you do not agree to our right to change the Website or the Terms and Conditions from time to time, please do not use the Website.
Please note that these Terms and Conditions do not affect your statutory rights as a consumer.
All text, graphics, photographs, logos, trademarks, artwork, sounds, music, user interfaces, visual interfaces and computer code (the "Content") belongs to OroFit (or is licensed to OroFit). This Content includes, but is not limited to, the design, structure, selection, coordination, expression, "look and feel" and arrangement of it. The Content is protected by copyright, trademark and other intellectual property rights and you are not permitted to copy, reproduce, republish, upload, post, publicly display, translate, transmit or distribute this Content in any way without OroFit' prior written permission.
You agree that any information you submit to the Website including Personal Information shall not be misleading and shall be true and accurate in all respects. If you submit to the Website any communication, idea or materials which may attract copyright or other intellectual property rights you agree that this shall become OroFit' property and you agree that anything you submit shall not infringe any right of any third party, nor contain anything libellous or otherwise unlawful, abusive or obscene nor constitute an invasion of privacy. As such, you are and shall remain solely responsible for the content of any submissions you make on the Website and we reserve the right to remove any material you have placed on the Website or to deny you access to the Website at any time in our sole discretion.
1. Product Descriptions on our Website
1.1 We will take all reasonable care to ensure that all Product Descriptions are correct at the time when the relevant information was first entered onto the Website. We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of our Products. What you see will depend on your computer equipment, screen or monitor and we are therefore unable to guarantee that a Product's images are an accurate representation of the actual merchandise. Please refer to our Returns Policy if you are unhappy with your Order.
2. Product Availability
2.1 The Website features Products that have been carefully selected for sale on the Website. Products are subject to availability so once a Product has sold out it will be taken off the Website at the earliest opportunity and may not be available again. As there is a delay between the time when your Order is placed, and the time when the Order is accepted, the stock position relating to a particular Product may change. If a Product you have ordered becomes out of stock before we accept your Order, then OroFit shall not be liable to you for being unable to provide that Product. If such a situation arises, then we shall notify you as soon as possible and you will not be charged for the out of stock Product.
2.2 If, due to unforeseen circumstances or in the event of supply difficulties it is necessary to substitute a perishable Product (please note that this includes perishable Products supplied as part of a hamper), the Product will be of equal or greater value than that which it replaces, albeit at no extra cost to you. If you receive the substitute Product and do not want to accept it, then we will reimburse you for the cost and return of that Product.
3. Pricing Policy
3.1 Product prices shown on the Website are in Indian Rupee for Indian customers and are inclusive of local value added tax ("VAT") (where applicable), at the appropriate rate, and are correct at the time that the Product Description was first entered on to the Website. Please also be aware that the price of a Product may change at checkout if it is subject to any taxes, duties, fees, levies or delivery charges applied in the location you have selected for delivery of your Order (as described in more detail in clauses 7 and 10 below).
3.2 Although we try to ensure all our Products' prices displayed in the Product Description are accurate, errors may sometimes occur. If we discover an error in the price of a Product you have ordered we will be unable to accept your Order and shall contact you as soon as possible in order to give the option of either reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat your Order in respect of the incorrectly priced Product as cancelled.
4. Age restrictions
4.1 We cannot sell the Products to persons under the age of sixteen (16). We reserve the right not to sell or deliver Product to anyone who is, or appears to be, under the required age.
5. Order process
5.2 The technical steps to place your Order and create a contract of sale between you and OroFit are, as follows:
a) You place an Order on the Website by pressing the 'Buy Now' button at the end of the checkout process. You will be guided through the process of placing an Order by a series of simple instructions on the Website.
b) We will send you an email confirming your Order which will detail the Product(s) (including their Product Descriptions) that you have ordered. This email does not constitute an acceptance of your Order by us.
c) As your Order is shipped by us we will send you a despatch confirmation email. Please note, that we may also send you an SMS to notify you that your Order has been despatched. Alternatively, in relation to our 'Cash on Delivery' service, we will call you an to confirm the shipping address and mobile number. Upon sending either of these emails, your Order will be taken to have been accepted by us unless we have notified you that we do not accept your Order, or you have cancelled it.
d) Subject to us having accepted your Order, we will then arrange for delivery of it to you at your nominated address or make it available for collection on the date and time nominated by you.
5.3 The contract between you and OroFit will be concluded in English and subject to the laws of Maharashtra,India and the jurisdiction of the Mumbai (Maharashtra) courts. The contract will complete and title in the Product(s) of your Order (and so risk of loss or damage to such) will pass to you on the later of:
a) the date on which we receive payment in full for the Product(s); or
b) the date and time of collection of it from a 'Cash On Delivery' collection or delivery by us to your nominated address.
5.4 We shall be entitled to supply Products ordered as part of one Order in instalments and each instalment shall be deemed to constitute a separate contract between you and us. This may mean that Products are dispatched or available for collection separately. We also reserve the right to supply only part of an Order.
5.5 Non-acceptance of your Order (or parts of your Order) may be due to any one or more of the following non-exhaustive reasons:
a) A Product you ordered is out of stock;
b) We are unable to obtain authorisation for your payment;
c) We have identified an error with a Product Description;
d) You are not eligible to order a Product, as set out in clause 4 above;
e) There is a system or procurement failure;
f) You fail our customer validation checks; or
g) There are restrictions (legal or otherwise) or practices in relation to a Product which prevent us from being able to sell or deliver it to you.
6. Payment and payment methods on the Website
6.1 You can currently pay in Indian Ruppee (INR).
6.2 We accept payment for Orders by Net Banking for all Major Banks, MasterCard, Visa, Visa Debit, American Express, Rupee Debit Card and various option availble on third party payment gateway.
6.3 By placing your Order and making an offer to buy a Product, you authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity; to validate your credit card; to obtain an initial credit card authorisation; to protect you and us from fraud; and to enable us to arrange delivery of your Order to your nominated delivery address.
7.1 All Product prices shown on the Website are inclusive of any applicable Maharashtra VAT.
8.1 You must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that your Order is going to, but also the name of its recipient. We cannot be liable for the delivery of your Order to the wrong address or the wrong person as a result of you supplying us with incomplete or inaccurate information.
8.2 All parcels will be delivered by us and will require a signature on delivery.
8.3 Please note that delivery of your Order may take longer during sale or other busy periods, but you will be notified if this is the case.
9. Cancellation of Order
9.1 You have the right to cancel your order at any time before it dispatch from our warehouse. You can return the product as per our return policy within 10 days on which you receive your Order. If you place an Order for several Products and they are delivered separately then your ten (10) days will start the day after you receive the first Product on your Order.
9.2 If, for any reason, you wish to cancel your contract before your Order has been dispatched or you have been notified that it is available for collection, then you need to let us know. In order to do so, you can either complete our online cancellation form by logging into your OroFit Account.Once we have received notification from you of your wish to cancel your contract, subject to any monies having been taken from you, we will refund you the original purchase price and delivery charge for your Order within fourteen (14) days. For more information, please see our Refunds Policy below.
9.3 As it is our policy to try to process your Order immediately it may not always be possible to stop an Order from being dispatched or made available for collection. If you decide to cancel your contract and your Order has already been despatched then you need to let us know within ten (10) days after the day on which you receive your Order. Once we have received notification from you of your wish to cancel your contract, you then have a further ten (10) days to return your Order to us. Please refer to "How to return an Item" in our Returns Policy below.
10. Returns Policy
10.1 Products must be returned in a saleable condition meaning that they must be unused and in their original packaging with garment tags and any other security devices or seals still attached and intact. We reserve the right to consider the condition of any Product that you wish to return and make any deductions if there are indications that the Product, its tags, security devices or seals have been used, removed, broken or tampered with.
10.2 Please note that your right to cancel or return a Product does not apply to made to measure, customize or custom fit products.
The following list provides a non-exhaustive list of the types of Products you cannot cancel or return:
a) Products which have been made to measure, altered, or personalised to your specification.
10.3 Within ten (10) days of us receiving your Order back by post, we will refund you the original purchase price and delivery charge maximum upto Rs. 100 for your Order, provided that you return the Product(s) to us in a saleable condition.
10.4 Refunds will be issued in orignial mode of payment if paid via credit/debit cart, net banking or any online mode.This will appear in your account within five (5) days depending on your card issuer.If you paid for your Order using a gift card or e-voucher and returned it to us via post, then the refund will be made back to you via an e-voucher.
11.OroFit Account, Personal Information and security
11.1 When you register for a OroFit Account, you warrant that:
a) The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
b) You will notify us immediately of any changes to the Personal Information by contacting our Customer Services team, our contact information available on below mentioned contact page.
11.2 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
12. Material and Activity Prohibited
12.1 Please choose carefully the material you post on the Website and which you provide to other Users. You must not misuse the Website. You will not: send or otherwise post unauthorised commercial communications to Users (such as spam); upload viruses, trojans, worms, logic bombs or other malicious code; corrupt data; cause annoyance to other Users; post material that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence; use the Website to do anything unlawful, misleading, malicious or discriminatory; facilitate or encourage any violation of these Terms and Conditions.
12.2 We reserve the right, in our sole discretion, to reject, edit or refuse to post any material and to remove any material from the Website, whether or not the material is expressly prohibited by these Terms and Conditions, or to restrict, suspend, or terminate your access to all or any part of the Website or your OroFit Account at any time, for any or no reason, with or without prior notice, and without liability.
12.3 OroFit community areas are subject to the following 'Community Area Rules':
a) OroFit advises you not to reveal your Personal Information to anyone else that would allow you to be identified, including but not limited to: telephone number, home address, business address, delivery address or email address.
b) OroFit reserves the right to close any OroFit Account if we believe a User is using proxy Internet Protocol addresses as a method to hide the use of multiple accounts or to disrupt the Website in any way. If you use multiple logins for the purpose of disrupting the Website we may take action against you and close your OroFit Account(s).
c) By submitting any material to us, you automatically grant OroFit a royalty-free, perpetual, exclusive right and license to use, modify, edit, adapt, publish, re-use, translate, distribute, perform and display such material in whole or part worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
d) You acknowledge that we are not obliged to publish any material submitted by you.
e) By submitting any material to us, you agree to use the Website in accordance with these Community Area Rules and the Terms and Conditions.
f) If you fail to abide by these Community Area Rules you may be sent an email which informs you why your contribution has been refused or edited. This email will also include a warning that continuing to break the rules may result in action being taken against you or your OroFit Account(s). Action may include any material posted by you being checked before being allowed to go on the Website or a temporary or permanent suspension of your ability to participate in any or all of the Website.
g) OroFit reserves the right to edit or delete any contribution, or take action against any User, at any time, for any reason.
h) If you do not want to grant OroFit the permission set out above on these terms, please do not submit or share your contribution on the Website.
13. Linking to the Website
13.1 You must not establish any link to the Website to suggest any form of association, approval or endorsement on our part where none exists or establish a link from any website that is not owned by you.
13.2 The Website must not be framed on any other site, and you may not create a link to any part of the Website other than the home page.
14. Compliance with Laws
14.1 The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website. All legal issue will be address at Mumbai in apporprirate courty of Mumbai, Maharashtra.
15. Liability and Indemnity
15.1 While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
15.2 We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. We will not be responsible or liable to you for any loss of material uploaded or transmitted through the Website.
15.3 If the fulfilment of an Order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, or you fail any of our fraud detection or anti money laundering detection checks, OroFit has the right to stop or cease to fulfil the Order (or part thereof) at any time and shall incur no liability in such circumstances.
15.4 You have certain rights as a customer, including legal rights relating to faulty or misdescribed goods. For further information about your legal rights in the United Kingdom, contact your local authority Trading Standards Department or Citizen's Advice Bureau. Nothing in these Terms and Conditions will affect these legal rights and, in particular, we will perform our obligations under these Terms and Conditions with reasonable care and skill.
15.5 Any Orders delivered to you will be of satisfactory quality. However, if we deliver an Order that is not of satisfactory quality, you can:
a) contact us for a full refund within ten (10) days of delivery; or
15.6 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for any direct, special, incidental, indirect or consequential damages including loss of profit, loss of opportunity or any losses related to any business including (without limitation) lost data, earnings or business interruption that result from the use of, or the inability to use, the material or Content on the Website, a Product, or the conduct of other Users of the Website, even if OroFit has been advised of the possibility of such damages.
15.7 The Website may also contain links to other websites, which are not operated by OroFit. When you activate any of these you will leave the Website and we have no control over, and will not accept any responsibility or liability in respect of, the material on any website which is not under our control.
15.8 You agree to fully indemnify, defend and hold us and our agents, officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions (including Community Area Rules) by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your OroFit Account and/or your Personal Information.
15.9 We may terminate your use of the Website immediately if we consider that you have breached these Terms and Conditions.
15.10 Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
16. Comments and Complaints Procedure
16.1 Please contact us if you have any comments or complaints by contacting our Customer Services team here or by emailing us at info@OroFit.com. We will always endeavour to resolve any dispute as swiftly as possible.
17.1 We may change these Terms and Conditions at any time. If any clause of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that clause shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remainder of these Terms and Conditions which shall continue to have full force and effect.
17.2 We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
17.3 If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any clause of these Terms and Conditions.
17.4 OroFit reserves the right to amend, remove or vary the Website, any page of the Website, any Content on the Website, or any service offered on the Website at any time and without notice.
18. Entire Agreement
18.1 These Terms and Conditions govern our relationship with you and supersede any and all preceding and contemporaneous agreements between you and OroFit. Any waiver of any provision of the Terms and Conditions will only be effective if in writing and signed by a Director of OroFit. You confirm that, in agreeing to accept the Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a clause of these Terms and Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory tights are not affected by these Terms and Conditions.
19. Our details
19.1 OroFit.com is platform operated by Silkon Synthetics and Cotton Dyeing Pvt Ltd., registered in India with CIN : U17100MH2004PTC150138. Its registered office is 1777, Shelar Kamba Road, Shelar Bhiwandi, Maharashtra India 421302. Its call centre details are: telephone +91 (0)22 24982499. or contact us here. We may instruct a third party courier or postal carrier to deliver your Order to you. Should you wish to obtain the details for the specific third party courier or postal carrier that delivered your Order, then please contact either our complaince team at info@OroFit.com and they will be happy to assist.