Welcome to Whiteflag.in (" Website ) we will provide goods and services to you subject to the notices, terms, and conditions set forth in this agreement (the " Agreement "). We may from time to time change the terms that govern your use of the Website. We may change, move or delete portions of, or may add to, the Website from time to time. Every time you wish to use the Website, please check the terms and conditions mentioned in this Agreement to ensure you understand the terms that apply at that time. Whiteflag.in reserves the right to change the Website and the provisions of this Agreement at any time.
To shop with us, you need to be at least 18 years of age. Any accessing, browsing, or otherwise using the Website indicates your agreement to all the terms and conditions of this Agreement. If you disagree with any of the provision(s) of this Agreement, then you should discontinue access or use of the Website. Please read this Agreement carefully before proceeding.
If you have any query regarding this Agreement or the Data Protection Policy (as amended from time to time), you may contact us anytime at firstname.lastname@example.org
2. USE OF OUR WEBSITE
When you use this Website, you agree to the processing of the information and details and you state that all information and details provided by you are true, correct, and correspond to reality. You represent and warrant that you are at least 18 years of age or are visiting the Website under the supervision of a parent or a guardian. Subject to the terms and conditions of this Agreement, Whiteflag.inhereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Website by displaying it on your internet browser only for the purpose of purchasing items sold on the Website and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Whiteflag.inin advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Website or any portion of it unless expressly permitted by Whiteflag.inin writing. You may not make any commercial use of any of the information provided on the Website or make any use of the Website for the benefit of another business unless explicitly permitted by us in advance. Whiteflag.inreserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Whiteflag.in believes that customer conduct violates applicable law or is harmful to its interests or in violation of the provisions of this Agreement.
You shall not upload to, distribute, or otherwise publish through the Website any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under any applicable local or international laws; or (c) includes any bugs, viruses, worms, trap doors, trojan horses or other harmful code or properties. We may assign a password and account identification to you to enable you to access and use certain portions of the Website. Each time you use a password or identification, you will be deemed to be authorized to access and use the Website in a manner consistent with the provisions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Website.
You will be solely responsible for all access to and use of the Website by anyone using the password and identification originally assigned to you whether or not such access to and use of the Website is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification of any other breach or threatened breach of this Website's security.
In accordance with Customs regulations customers must provide valid and accurate data. All consignee names, addresses, and payers' names should be valid. Certain countries request that the consignee submit their ID or passport to clear the package or for payment verification purposes.
It is the customers’ sole responsibility to ensure the accuracy of data that they provide to us. Should any information be incorrect and prevent any shipment or deliveries or customs clearance (if any), we will not hold responsible and will not offer any compensation in such cases.
3. DATA & INFORMATION POLICY
When you use the Website and place orders through it, you agree to provide us with your email address, postal address and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you in the context of your order, if necessary.
If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service or email address above to correct the error.
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is incorrectly priced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
5. TRADE RULES
5.1. Price and Payment
All prices are inclusive of goods and services tax (where applicable) at the rate appropriate to the country of receipt and are correct at the time of entering the information on to the system. If for some reason we are unable to ship your goods, the value of the items that are not shipped will be refunded to your wallet in your Website account or to the original method of payment.
All prices are exclusive of delivery charges. The total cost of the order is the price of the products ordered plus the delivery charge.
Prices may change at any time, but (other than as set out above) such changes shall not affect the orders for which we have sent an ‘order confirmation’.
Once you have selected all articles that you wish to buy, they will be added to your basket. The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested at each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. You are provided with a detailed description of the purchase process in the ‘Shopping Guide’. Also, if you are a registered user, a record of all the orders placed by you is available in the "My Account" area. You may use, as a payment method, the following cards: Visa, MasterCard, American Express, PayPal, online banking, and Unified Payment Interface, etc.
To minimize the risk of non-authorized access, your credit card details will be encrypted. Once we receive your order, we request a pre-authorization on your card to ensure that there are sufficient funds to complete the transaction. You can enter your payment details at the time you place your order using a valid credit or debit card. The applicable amount will be debited when you have placed your order in the checkout. We reserve the right to check the validity of the credit or debit card, its credit status in relation to the order value, and whether the address data of the purchaser is correct. We may refuse orders depending on the result of these checks.
When you click "Authorise Payment", you are confirming that the credit card is yours. Credit cards are subject to verification and authorization by the card issuing entity. If the entity does not authorize the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any contract with you.
We have made every effort to display, as accurately as possible, the colors of our products that appear on the Website. However, as the actual colors you see will depend on your monitor, we cannot guarantee the color that appears in your monitor will be accurate / exactly similar to that of the original product.
Unless otherwise provided, we will comply only with its minimum packing standards for the method of transportation selected. The cost of all special packing, loading, or bracing requested by you, will be paid for by you.
5.4. Shipping & Delivery
We ship from different warehouses located within the relevant territory. For orders with more than one item, we may split your order into several packages according to stock levels at our own discretion. We aim to deliver orders within seven working days of orders being placed. However, sometimes during busy sale periods, deliveries may take longer. Please note that Saturday and Sunday is not classified as working days. If you have not received your delivery in ten working days please contact our Customer Services through email@example.com
5.5. Title and risk of loss
Delivery to carrier shall constitute delivery to the buyer/customer/you, and thereafter risk of loss or damage shall pass to the buyer/customer/you. Any claim of the buyer/customer relative to damage during shipping or delivery should be made directly to the carrier. Any claims by the buyer/customer against our Company for shortage or damage occurring prior to such delivery to carrier must be made within five (3) days after receipt of the goods and accompanied by original transportation bill signed by carrier noting that carrier received the goods from our Company in the condition claimed. Notwithstanding passage of the risk of loss to the buyer/customer, title and right of possession to the goods sold hereunder shall remain with our Company until all payments hereunder, including deterred payments evidenced by notes or otherwise, interest, carrying charges, shall have been made in cash, and the buyer/customer agrees to do all acts necessary to perfect and maintain such right and title in our Company.
5.6. Return of product
The return of products in India is operated by Whiteflag.inas provided in this Agreement.
Goods/products can be returned within the designated period. The exact return period and return policy differ from country to country. Please contact our customer service for detailed information. Customers returning goods are responsible for freight charges.
Delivery of goods/products of an incorrect size or with quality concerns maybe exchanged. For defective products, if a defect or damage is confirmed on the returned products, we will give you a complete refund including the charges you have accrued of delivery and return. The refund will be paid either to your wallet of the Website account or to the original method of payment.
5.7. Reviews and Comments
Except as otherwise provided elsewhere in this Agreement or on the Website, anything that you submit or post to the Website and/or provide to us, including, without limitation, picture, video, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary, and by submitting or posting, you agree to irrevocably license the entry and all intellectual property rights related thereto (excluding the moral rights such as authorship right) to us without charge and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Whiteflag.inand shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by Whiteflag.inin the future.
You warrant that your Submissions, in whole or in part, are clear and free of any intellectual property right infringement, disputes, or third party claims. We assume no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defend and indemnify us against any losses caused due to the use of the entries for any purposes.
In addition to the rights applicable to any Submission, when you post comments or reviews to the site, you also grant us the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other content that you post on the Website and that use of your reviews, comments, or other content by us will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Submissions or content. We may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
6. THIRD-PARTY LINKS AND RESOURCES
Where the Website contains links to other sites and resources provided by third parties (including where our social media sharing plug-ins include links to third party sites), these links are provided for your information only. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
7. EVENTS BEYOND OUR CONTROL
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under this Agreement when caused by events that are beyond our reasonable control (" Force Majeure "). Force Majeure shall include any act, event, failure to exercise, omission or the accident that is beyond our reasonable control, including, among others, the following:
· (i)Strike, lockout or other forms of protest.
· (ii)Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
· (iii)Fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic, or any other natural disaster.
· (iv)Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.
· (v)Inability to use public or private telecommunication systems.
· (vi)Acts, decrees, legislation, regulations or restrictions of any government or public authority.
· (vii)Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.
It shall be understood that our obligations derived from this Agreement shall be suspended during the period in which Force Majeure remains in effect and us will be given an extension of the period in which to fulfill these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfill our obligations by the virtue of this Agreement despite the situation of Force Majeure.
8. LIABILITY AND WAIVING LIABILITY, STATUTORY CONSUMER RIGHTS
Unless otherwise indicated expressly in this Agreement, our liability regarding any product acquired on the Website shall be limited strictly to the price of purchase of the said product. Notwithstanding the above, our liability shall not be waived nor limited in the following cases:
· (i)in case of death or personal the harm caused by our negligence;
· (ii)in case of fraud or fraudulent deceit; or
· (iii)in any case in which it was illegal or illicit to exclude, limit or attempt to exclude or limit our liability.
Notwithstanding the paragraph above, and to the extent legally allowed, and unless these Conditions indicate otherwise, we shall not accept any liability for the following losses, regardless of their origin:
· (i)loss of income or sales;
· (ii)operating loss;
· (iii)loss of profits or contracts;
· (iv)loss of forecast savings;
· (v)loss of data; and
· (vi)loss of business or management time.
Due to the open nature of the Website and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of this Website, unless otherwise indicated expressly on this Website. All product descriptions, information and materials shown on the Website are provided "as is", with no express or implied warranties or conditions of the same, except those legally established. In this sense, if you are contracting as a consumer or user, we are obliged to deliver goods that are in conformity with this The agreement, being liable to you for any lack of conformity which exists at the time of delivery. It is understood that the goods are in conformity with the Agreement if they: (i) comply with the description given by us and possess the qualities that we have presented on the Website; (ii) are fit for the purposes for which goods of this kind are normally used; (iii) show the quality and the performance which are normal in goods of the same type and which can reasonably be expected. To the extent permitted by law, we exclude all warranties and conditions (whether express or implied), except those that may not be excluded legitimately.
9. APPLICABLE LEGISLATION AND JURISDICTION
The use of the Website and the product purchase contracts through the Website shall be governed by the laws applicable to you in your country. Any controversy that arises or is related to the use of the website or said contracts shall be subject to the non-exclusive jurisdiction of the courts in India. If you are entering into this Agreement as a consumer, nothing in this clause shall affect the statutory rights you have, as recognized in any applicable laws of India.