Terms-and-conditions

Personal Information

whiterefill.com is a venture of Krissai E Solution Partners Pvt. Ltd (KESPPL), a company registered under The Company’s Act, 2013, with its registered office at Plot No. 148, Rohtak Road, Transport Centre, Delhi-110035. The domain whiterefill.com is wholly owned by KESPPL. KESPPL respects your privacy. Our Privacy Policy provides succinctly the manner your data is collected and used by KESPPL on the Site. As a Visitor to the Site/ Customer you are advised to please read the Privacy Policy carefully. By accessing the services provided by the Site you agree to the collection and use of your data by KESPPL in the manner provided in the Privacy Policy.

Services Overview

As part of the registration process on the Site, KESPPL may collect the following personally identifiable information about you: Name including first and last name, alternate email address, mobile phone number and contact details, Postal code, Demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the site you visit/access, the links you click on the site /other site, the number of times you access the page and any such browsing information. Information collected about you is subject to the Privacy Policy of KESPPL which is incorporated in these Terms of Use by reference.

Eligibility

Services of the Site would be available to only select geographies in India. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years but at least 11 years of age you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption only and the sale of which to minors is prohibited. You are advised to purchase products as per your age, profession, usage mentioned either on the product or in the product description.

License & Site access

KESPPL grants you a limited sub-license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of KESPPL. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of KESPPL. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site or of KESPPL and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Site’s or KESPPL’s name or KESPPL’s name or trademarks without the express written consent of KESPPL. Any unauthorized use terminates the permission or license granted by KESPPL.

You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information that

• belongs to another person and to which you do not have any right;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
• harms minors in any way;
• infringes any patent, trademark, copyright or other proprietary/intellectual property rights;
• violates any law for the time being in force;
• deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;
• impersonates another person;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• threatens the unity, integrity, defence, 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 any other nation; or is misleading or known to be false in any way.

Account & Registration Obligations

All shoppers have to register and login for placing orders on the Site. You have to keep your account and registration details current and correct for communications related to your purchases from the site. By agreeing to the terms and conditions, the shopper agrees to receive promotional communication and newsletters upon registration. The customer can opt out either by unsubscribing in "My Account" or by contacting the customer service.

Pricing

All the products listed on the Site will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the products do not fluctuate on a daily basis but some of the product prices do change on a daily basis. In case the prices are higher or lower on the date of delivery not additional charges will be collected or refunded as the case may be at the time of the delivery of the order.

Coupons and Promo Codes

From time to time, KESPPL may at its discretion offer a user promotional codes or coupons entitling you to encash the applicable value of such codes/coupons against purchases made on the Site.
When using promotional codes and coupons for a purchase on the Site, the payment mode shall be as per specified for making payments towards the order.

Cancellation by Site/Customer

As a customer, you may cancel your order atleast 2 hours prior to order cut off time which is 3 pm. In such a case if anywe will refund payments/generate credit memo, already made by you under the relevant order.

KESPPL at its sole discretion may cancel any order(s):

• if it suspects a customer has undertaken a fraudulent transaction, or
• if it suspects a customer has undertaken a transaction which is not in accordance with the Terms of Use, or
• in case of unavailability of a product, or
• for any reason outside the control of KESPPL including causes for delivery related logistical difficulties.

Further, while all measures are taken to ensure accuracy of product specifications and pricing, the details of a product as reflected on the Site may be inaccurate due to technical issues, typographical errors or incorrect product information provided to KESPPL by a supplier and in such an event you shall be notified as soon as such error comes to the notice of KESPPL. In such event, KESPPL reserves the right to cancel your order and refund any monies that may have been paid by you towards purchase of such products.

We maintain a negative list of all fraudulent transactions and non-complying users, and reserve the right to deny access to such users at any time or cancel any orders placed by them in future.

Return & Refunds

We have a "no questions asked return and refund policy" which entitles all our customers to return the product at the time of delivery if due to some reason they are not satisfied with the quality of the product. We will take the returned product back with us and refund the value of the return products in cash if payment option is cash on delivery and incase payment made by credit / debit card will be credited to your account.

You Agree and Confirm

• That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by KESPPL for redelivery shall be claimed from you.
• That in the event your order value is below set order value of INR 450/- an extra cost towards delivery shall be claimed from you
• That you would place an order of minimum value of INR 150/-
• That you will use the services provided by the Site, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site.
• You will provide authentic and true information in all instances where such information is requested of you. KESPPL reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated websites without prior intimation whatsoever.
• That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
• That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
• That before placing an order you will 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

You may not use the Site for any of the following purposes-

• Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
• Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
• Gaining unauthorized access to other computer systems.
• Interfering with any other person's use or enjoyment of the Site.
• Breaching any applicable laws;
• Interfering or disrupting networks or web sites connected to the Site.
• Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner

Disclaimers Regarding Products

KESPPL have made every effort to display available products, including in respect of their colour, size, shape and appearance, as accurately as possible. However, the actual colour, size, shape and appearance may have variations from the depiction on your mobile/computer screen. Some products may have multiple colour variants which for technical reasons are not captured on the Site. Products will be delivered as per available colours and designs
KESPPL does not make any representation or warranties in respect of the products available on the Site nor does KESPPL implicitly or explicitly support or endorse the sale or purchase of any products on the Site. KESPPL accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
You acknowledge and agree that the KESPPL shall act as your agent for retrieval and delivery of product(s) purchased on the Site, and that the KESPPL has no relationship with you other than to provide such retrieval and delivery service. At no time shall KESPPL have any right, title or interest to any product(s). KESPPL does not have any control over the quality, colour availability, failure to provide or any other aspect whatsoever of the product(s) and is not responsible for damages or delays as a result of products which are out of stock, unavailable or back ordered. KESPPL will deliver products of colour variants which are available in stock at the time of placing of order.

Reviews, Feedback, Submissions

All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Site or otherwise disclosed, submitted or offered in connection with use of the Site (collectively, the Comments) shall be and remain the property of KESPPL. Such disclosure, submission or offer of any Comments shall constitute an assignment to KESPPL of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus KESPPL, shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.
KESPPL will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever without restriction and without compensating the user in any way. KESPPL is and shall be under no obligation to: (i) maintain any comments in confidence; or (ii) pay compensation for any Comments; or (iii) respond to any Comments. You agree that any Comments submitted by you on the Site will not violate the Terms of Use 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 on the Site will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of ‘spam’. KESPPL does reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the Site. You hereby grant KESPPL the right to use names 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, responsible for the content of any Comments you make and you agree to indemnify KESPPL and its affiliates against all claims, loss and liabilities resulting from any Comments you submit.
Further, any reliance placed on Comments available on the Site from a third party shall be at your sole risk and expense

Copyright & Trademark

KESPPL, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Site. Access to or use of the Site does not confer and should not be considered as conferring upon anyone any license to KESPPL or any third party’s intellectual property rights. All rights, including copyright, in and to the Site are owned by or licensed to KESPPL. Any use of the Site or its contents, including copying or storing it or them in whole or part is prohibited without the permission of KESPPL.
You may not modify, distribute or re-post anything on the Site for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of KESPPL, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Site. Access to or use of the Site does not authorize anyone to use any name, logo or mark in any manner. References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply KESPPL’s endorsement, sponsorship or recommendation of the third party, the information, its product or services.
KESPPL is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access a link of any third party websites, you do so entirely at your own risk and expense.

Objectionable Material

You understand that by using the Site or any services provided on the Site, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, KESSPL and its affiliates shall have no liability to you for any content that may be deemed offensive, indecent, or objectionable to you.

Indemnity

You agree to defend, indemnify and hold harmless KESPPL, 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 your actions or inactions, including but not limited to breach of any warranties, representations or undertakings or in relation to the non-compliance with any of your obligations under these Terms of Use, or arising out of a violation of any applicable laws, including but not limited in relation to intellectual property rights, payment of statutory dues and taxes, claims of libel, 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 User Agreement.

Limitation of Liability

The aggregate liability KESPPL, if any, that can be established and proved pursuant to a claim, shall in no event extend beyond refund of the money charged from a user for purchases made pursuant to an order under which such liability has arisen and been established.
It is acknowledged and agreed that notwithstanding anything to the contrary, KESPPL shall not be liable, under any circumstances, whether in contract or in tort, for any indirect, special, consequential or incidental losses or damages, including on grounds of loss of profit, loss of reputation or loss of business opportunities.

Termination

This User Agreement is effective unless and until terminated by either you or KESPPL. You may terminate this User Agreement at any time, provided that you discontinue any further use of the Site. KESPPL, may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site.
Such termination will be without any liability to KESPPL. KESPPL’s right to any Comments and to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for product(s) already ordered from the Site or affect any liability that may have arisen under the User Agreement prior to the date of termination.

Governing and Jurisdiction

The User Agreement shall be governed by and construed in accordance with the laws of India, without giving effect to the principles of conflict of laws there under.
Any dispute or difference, whether on interpretation or otherwise, in respect of any terms hereof shall be referred to an independent arbitrator to be appointed by KESPPL. Such arbitrator’s decision shall be final and binding on the parties. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended or replaced from time to time. The seat of arbitration shall be Delhi and the language of the arbitration shall be English.
Subject to the aforesaid, the Courts at Delhi shall have exclusive jurisdiction over any proceedings arising in respect of the User Agreement.

Modification of Terms & Conditions of Service

KESPPL may at any time modify the Terms & Conditions of Use of the Website without any prior notification to you. You can access the latest version of these Terms & Conditions at any given time on the Site. You should regularly review the Terms & Conditions on the Site. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Site.

Grievance Policy

In accordance with Information Technology Act, 2000 and the Information Technology (Intermediaries Guidelines) Rules, 2011, the name and contact details of the Grievance Officer who can be contacted for any complaints or concerns pertaining to the Site, including those pertaining to breach of the Terms of Use or and other polices are published as under.

Krissai E Solution Partners Private Limited
Plot 148, Rohtak Road, Transport Centre,
Delhi-110 035

Email address: happy2help@whiterefill.com