Terms and Conditions
Offered prices are subjected to change anytime without any prior notice. There is quantity restriction & Offer Valid While Stocks Last! All images/photographs/ingredients shown/displayed our all types of advertisements are only indicative / illustration in nature. Actual product may vary due to product enhancement or on occasion manufactures may alter their product image, ingredients. Actual product packaging and ingredients may contain more or different information than what shown herein or on our product listing. We recommend that you shall not solely rely on the product information presented by us. For actual and more information please contact to the concern manufactures. Please check our Terms & Conditions as mentioned below:
All prices are in Indian Rupees and unless specified otherwise, include all applicable taxes and standard delivery charges. All promotional prices are final prices and cannot be clubbed with other existing promotional offers. Offers, prices, specifications and availability may change or be withdrawn without notice.
We take no responsibility for any editorial, photographic or typographic errors and may correct any errors and change or update information on the Webpage / Apps any time without prior notice. You are requested to read the details Terms & Conditions time to time.
1.1. Thank you for visiting www.shibaniwebstore.com. By accessing or using www.shibaniwebstore.com website or the mobile application or any other media ("Website"), whether automated or otherwise, you, a registered or guest user in terms of the eligibility criteria set out herein, you (“User”) agree to be bound by these Terms and Conditions (“Terms”).
1.3. In these Terms and Conditions, references to "you" or "User" shall mean the end user/customer accessing the Website, its contents and using the Services offered through the Website. The references to the “Website”, "Shibani Web Store Pvt. Ltd.", “Shibani Web Store.com”, "we", "us" and "our" shall mean the Website and its affiliates and partners (as applicable).
1.5. The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms and Conditions or the right to use the Website by you contained herein or any other section or pages of the Website or any linked sites in any manner whatsoever.
1.6. The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms and Conditions as a whole.
1.7. Shibani Web Store Pvt. Ltd. operates as an online marketplace. Shibani Web Store does not pre-screen content or information provided by users and cannot ensure that a User will actually complete a transaction. Consequently, Shibani Web Store cannot and does not transfer legal ownership of items to the Users.
1.8. Further, the terms and conditions for any Product, sale, discount, discount vouchers, gift vouchers, pre-paid instruments or contest event organized on the Website from time to time, shall be subject to the discretion of Shibani Web Store Pvt. Ltd.
1.9. This Website may also contains links to other websites, which are not operated by us. Thus, we accept no responsibility for any loss or damage that may arise from your use of them. Your use of the linked sites will be subject to the terms and Conditions of use and service contained within each such site.
1.10. We reserve the right to change these Terms and Conditions at any time. Such changes will be effective when posted on the Website and may, at the sole discretion of the Website be notified to the Users from time to time. Notwithstanding the foregoing, by continuing to use the Website after we post any such changes, you accept the Terms as modified.
1.11. These Terms will continue to apply until terminated by either You or Shibani Web Store Pvt. Ltd. in accordance with the terms set out below:
1.11.1. The agreement with Shibani Web Store Pvt. Ltd. can be terminated by (i) not accessing the Website; or (ii) closing Your Account, if such option has been made available to You.
1.11.2. The above clause shall also apply to any additional Terms applicable to the use of the Website and Shibani Web Store Pvt. Ltd. reserves the right to terminate access to the Website (including any services offered or as part thereof);
1.11.3. Notwithstanding the foregoing, these provisions set out in these Terms and Conditions which by their very nature survive are meant to survive termination, shall survive the termination / expiry of this agreement.
2. Eligibility to use
2.1. The use of the website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. The law has been checked. Please note the same is still in force.]. Any minor desirous to use or transact on Website, is required to conduct such transaction through their legal guardian or parents.
2.2. The Website reserves the right to terminate any membership and / or refuse to provide access to the Website if it is brought to the Website’s notice or if it is discovered that the person accessing/using the Website is under the age of 18 years.
3. Account, Password, and Security
3.1. Any person may access the Website and the Products either by registering to the Website or using the Website as a guest. However, a guest user may not have access to all sections of the Website including certain benefits/promotional offers, which shall be reserved only for the purpose of registered Users, and which may change from time to time at the sole discretion of the Website.
3.2. If you wish to register yourself on our Website, you shall be required to create an account by registering through Facebook or your email account or by filling in the details prescribed in the Website registration form. You will then receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify the Website of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Shibani Web Store Pvt. Ltd cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or for any losses occurring thereto. You, as the User, waive any claims against the Website for any loss and damage suffered by you on account of your failure to comply with the Terms and Conditions and reasonably expected good practices in this regard.
3.3. If any User learns or is made or becomes aware of any instance of hacking or misuse of its User account, it shall without delay notify the Website of the same. Additionally, registered Users may be held liable for losses incurred by the Website for any loss or damage caused as a result of failure in maintaining security by the relevant User.
3.4. If any User provides any information that is untrue, false, not updated, incomplete or the Website has reasonable grounds to believe that such information is untrue, false, not updated, incomplete, the Website shall have the right to suspend or terminate the relevant User account and refuse any and all current or future use of the Website (or any portion thereof).
3.5. The Website may be inaccessible for such purposes as it may, at its sole discretions deem necessary, including but not limited to regular maintenance. However, under no circumstances will Shibani Web Store Pvt. Ltd. be held liable for losses or claims arising out of such inaccessibility to the Users and the Users expressly waive any claims against Shibani Web Store Pvt. Ltd. in this regard.
4.1. The Website operates as an online market place and advertises, displays, makes available and sells various Products (including services ancillary to the products and services), vouchers, and services to the Users of the Website (“Products”). The Website, Shibani Web Store Pvt. Ltd. reserves the right to terminate the services offered at any time to the Users without any notice.
4.2. All Products exhibited on the Website are on an “as available” basis. Images of products are for reference only and actual product may vary from the corresponding image exhibited. The Website disclaims any liabilities arising out of any discrepancies to this end.
4.3. Shibani Web Store Pvt. Ltd or www.shibaniwenstore.com hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the User. Alterations to certain aspects of your order such as the merchandise brand, size, color etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc.
4.4. Prices for Products are subject to change without prior notice, and at any time whatsoever, irrespective of whether an item has been earmarked/wish listed by a User. The Website disclaims any and all claims and/or liabilities arising from such revision in prices.
5.1. Prices for Products are described on our Website and are incorporated into these Terms and Conditions by reference. Users further undertake that by initiating a transaction, the User is entering into a legally binding and enforceable contract with Shibani Web Store Pvt. Ltd. to purchase the products using such payment facilities as may be permitted by applicable laws and as may be accepted by the Website.
5.2. The Website does not charge any registration/membership or browsing fee. However, the Website reserves the absolute right to alter the fee policy from time to time. Any fee charged by the Website in future shall be in Indian Rupees. The Users continued use of the Website shall be deemed as an acceptance of the amended terms and conditions.
5.3. Shibani Web Store Pvt. Ltd. may enter into agreements with third party payment gateway aggregators and financial institutions authorized by the Reserve Bank of India for collection, refund and remittance and to facilitate payment between the Users and Shibani Web Store Pvt. Ltd. The Website shall initiate the remittance of the payments made by the User to the third party payment portals like Visa, MasterCard, and Rupay.
5.4. While availing any of the payment method/s available on the Website, the Website will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:
- 1. Lack of authorization for any transaction/s, or
- 2. Exceeding the preset limit mutually agreed by and between the User and relevant banks of the User, or
- 3. Any payment issues arising out of the transaction, or
- 4. Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a User;
- 5. Decline of transaction for any other reason(s)
Notwithstanding anything contained herein, the Website reserves the right to conduct additional verification for security or other reasons if it is not satisfied with the creditability of the User.
5.5. All payment and delivery related conditions are in accordance with the contractual relationship impliedly established between Shibani Web Store Pvt. Ltd. and the User purchasing the same and payment facility provided by the Website is merely used by the User of the Product to facilitate the completion of the purchase made by the User.
Use of the payment facilities provided by the Website shall not render the Website 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 listed on the Website. The Website shall not be responsible for any damages, interests or claims arising from not processing a transaction.
5.7. The Website may in its sole discretion impose limits on the number of transaction which an individual holding a financial instrument may use for payment for Products.
Additionally, the Website reserves the right to refuse to process transactions exceeding such limit and transactions by Users that have incurred questionable charges and amounts.
5.8. The Website is merely a facilitator for providing the User with payment channels through automated online electronic payments (either itself or through Service Providers), cash on delivery, collection and remittance facility for the payment of Products purchased by the User on the Website using the existing authorized banking infrastructure and credit card payment gateway networks (of either the Website or Service Providers).
6. Shipping and Delivery
6.1. All Products purchased from the Website shall be delivered to the User by the delivery boys of Shibani Web Store Pvt. Ltd. All deliveries where applicable shall be made on a best efforts basis, and while the Website will endeavor to deliver the Products on the dates intimated, the Website disclaims any claims or liabilities arising from any delay in this regard. A nominal fee may be charged on all cash on delivery (“COD”) orders. The COD charge can be viewed at the time of placing the order and in all order related emails. This charge shall not be refunded if an item is returned or if the cancellation request is raised after the order is shipped.
6.2. Shibani Web Store Pvt. Ltd. shall not be responsible for any delay in the delivery of the Products.
6.3. Shibani Web Store Pvt. Ltd. will make a maximum of two attempts to deliver your order. In case the User is not reachable or does not accept delivery of products in these attempts, we reserve the right to cancel the order(s) at our discretion.
6.4. An estimated delivery time shall be displayed on the order summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location.
6.5. Sometimes, delivery may take longer due to unavoidable circumstances:
- 1. Bad weather
- 2. Political disruptions
- 3. Other unforeseen circumstances
6.6. In the event any delay in delivery of a Product is expected, the Website may, at its sole discretion, intimate the User who may have purchased the same, regarding such delay.
6.7. Shibani Web Store Pvt. Ltd. shall not be held responsible and will bear no liability in case of failure or delay of delivering the Products including any damage or loss caused to the Products.
6.8. Where there is a likelihood of delay in the delivery of Products, the User may be notified of the same from time to time. However, no refunds may be claimed by the User for any delay in delivery of the Products, which was caused due to reasons beyond the control of the Website/Shibani Web Store Pvt. Ltd.
6.9. However in case where a damage has been caused to the Products ordered, Shibani Web Store Pvt. Ltd. shall replace the products as per its replacement policy as may be indicated on the Website along with the Product.
6.10. No deliveries of the Products shall be made outside the territorial boundaries as mentioned in the website.
6.11. In case a User purchases multiple Products in one transaction, we may deliver the same together. However, this may not always be possible and shall be subject to availability of stock.
6.12. If a User wishes to get delivery to different addresses, then the User shall be required to purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. The User agrees that the delivery can be made to the person who is present at the shipping address provided by the User.
6.13. Shibani Web Store Pvt. Ltd./www.shibaniwebstore.com shall not compensate for any mental agony caused due to delay in delivery. The Users can cancel the order at any moment of time before the shipping of the goods. If it is a prepaid order, the Users will be refunded back the price of the product in the account or payment wallet, in accordance with the options chosen by you, as soon as the order is successfully cancelled.
Refund shall be made within 15 days from the return of the goods and upon submission of user’s bank account details.
User can cancel his order any time before shipped or otherwise he has to receive his goods as per the order and after receiving his goods he has to register complain for return his goods.
8.1. User must register for refund the goods within 24 hrs. of receiving
8.2. Goods shall be in original pack (As delivered), unbraked, unwrapped etc. in condition. Please mention all other related terminologies in this clause.
9. Intellectual Property Rights
9.1. Intellectual Property Rights (“IPR”) for the purpose of these Terms shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, source code, technical data, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and further shall also include but not be limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code in relation to the Website.
9.2. All IPR on the Website exclusively belong to the Website or Company, as the case may be. Under no circumstance shall any User infringe in any way such as the IPR of the Website during or pursuant to its use of the Website for any purposes whatsoever.
9.3. Shibani Web Store Pvt. Ltd. hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its owners/permitted assigns, as the case may be.
9.4. Every User hereby grants Shibani Web Store Pvt. Ltd./www.shibaniwebstore.com a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, publish, transmit, reproduce, modify, adapt any content provided or created by the User. Shibani Web Store Pvt. Ltd. shall have no liability for any infringement of intellectual property rights with respect to such content created by the User.
9.5. Except as expressly provided herein, the User acknowledges and agrees that it shall not copy, republish, post, display, translate, transmit, reproduce or distribute or in any other way infringe any Intellectual Property Right through any medium without obtaining the necessary authorization from the Website or the thirty party owner of such Intellectual Property Right.
10.1. The User hereby indemnifies, defends and holds harmless the entity owning and operating the Website, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with :
- 1. The User’s breach of these Terms; or
- 2. Any claims made by any third party due to, or arising out of, or in connection with, the User’s use of the Website; or
- 3. Any claim that any third party IPR, proprietary information, content or materials provided by the User causes any damage to a third party; or
- 4. Violation of any rights by the User, including any IPR.
Each an “Indemnity Event”
10.2. Upon occurrence of an Indemnity Event, the Website may notify the User of any claims which the User shall be liable to indemnify the Website against. The User shall then be obligated to consult with the Website regarding the course of action to be undertaken in defending such a claim.
10.3. The User shall not compromise or settle any claim or admit any liability or wrongdoing on the part of the Website without the express prior written consent of the Website which can be withheld or denied or conditioned by the Website in its sole discretion.
10.4. Notwithstanding anything to contrary, the Website’s entire and aggregate liability to the User under and in relation to these Terms shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by the User to the Website under the relevant order to which the cause of action for the liability relates.
10.5. Notwithstanding anything to contrary, in no event shall the Website, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to the User for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Website has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with the User’s use of or access to the Website or the Product.
11. Use of Content
11.1. While using the Website, the User specifically undertakes not to host, display, download/Upload, modify, publish, transmit, update or share any information or content that:
- 1. Belongs to another person and to which the User does not have any right to;
- 2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- 3. Harms minors in any way;
- 4. Impersonate any person or entity, or falsely state or otherwise misrepresent the User’s affiliation with a person or entity;
- 5. Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;
- 6. Infringes any patent, trademark, copyright or other IPR;
- 7. Contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
- 8. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- 9. Engage in any activity that interferes with or disrupts access to the Website or the Products (or the servers and networks which are connected to the Website);
- 10. Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Website server, or to any of the Products offered on or through the Website, by hacking, password mining or any other illegitimate means;
- 11. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
- 12. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
- 13. Use the Website or content therein for any purpose that is unlawful or prohibited by the Terms or to solicit the performance of any illegal activity or other activity which infringes the rights of the Website or other third parties;
- 14. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- 15. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- 16. Violate any applicable laws or regulations for the time being in force within or outside India; and
- 17. Violate the terms of these Terms and Conditions.
11.2. The User shall use the Website and purchase any Products available on it, for personal, non-commercial use only and shall not re-sell the same to any other person or commercialize the same in any manner whatsoever.
11.3. The User may need to install updates that the Website may introduce from time to time to access the Products /Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions. By using the Website, the User shall be deemed to have agreed to receive such updates.
11.4. The User agrees that it shall solely be responsible towards the Website for any breach of its obligations under these Terms and conditions and for any consequences, losses or damages that may be suffered by the Website owing to such breach by a User.
12. Report Abuse and Take Down Policy
12.1. In the event the Website or any User becomes aware of any objectionable content on the Website including but not limited to violation of privacy, misuse of personal information or violation of any IPR, in violation of these Terms and Conditions then, the Website, by itself or upon receipt of a communication from any of its Users, without any prior notice take down such objectionable content from the Website.
12.2. For any reporting in respect of the aforesaid, the User should contact the Website at firstname.lastname@example.org
13. Feedback and Information
13.1. User feedbacks or information pertaining to Products offered on the Website or any information pertaining to the Website shall be deemed to be non-confidential in nature.
13.2. The Website reserves the right, at its sole discretion to use such information for upgrading/enhancing the Website and such use shall be entirely unrestricted.
13.3. The Website may at its discretion, also make any modifications or changes to the Website and its content and / or Products on the basis of such feedback or information.
13.4. In the event that the Website makes any changes or modifications to the Website or Products on the basis of any such feedback, the User shall not have any rights or title (including any IPR) in such changes or modifications to the Website or Products listed therein.
13.5. By submitting any feedback or any information, the User hereby warrants that (i) the feedback does not contain confidential or proprietary information belonging to the User or any other person and shall not entitled to any compensation or reimbursement of any kind from the Website for the feedback under any circumstances.
14. Applicable Law:
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts in South Kolkata, Alipore Sadar Civil Court shall have exclusive jurisdiction in respect of any matters arising herefrom.
15. Dispute Resolution
15.1. In the course of time, if any dispute arises out of or in connection with the Terms and Conditions herein, including the validity hereof, the parties hereto shall endeavor to settle such dispute amicably in the first instance. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than 15 (Fifteen) calendar days, gives a notice to this effect, to the other party in writing.
15.2. In case of such failure, the dispute shall be referred to a sole arbitrator, who shall be appointed by the Shibani Web Store Pvt. Ltd. Website. The arbitration proceedings shall be governed by the Indian Arbitration and Conciliation Act, 1996 and shall be held in Kolkata. The language of arbitration shall be English.
15.3. At Shibani Web Store Pvt. Ltd, we are committed towards ensuring the disputes to be settled amicably by way of the above dispute resolution mechanisms and procedures.
15.4. These Terms & Conditions shall be governed by and construed in accordance with the laws of India.
The Alipore Sadar Civil Court, Kolkata is the competent court to rule in any dispute arising from this Subcontract
16. User Protection Program
16.1. The Website’s User protection program provides solutions for disputes to be successfully settled regarding refund, replacement or non-delivery of a Product.
16.2. In such an eventuality, the User can write to email@example.com if any issue remains unresolved.
16.3. The Website’s Users support team shall provide reasonable assistance at its sole discretion.
17. Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale as mentioned in the website. Shibani Web Store Pvt. Ltd. makes no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Shibani Web Store Pvt. Ltd. is not responsible for the supply or refund of products ordered from other locations/Countries other than India.