Terms and Conditions

Updated and effective from April 21, 2023. 

These “Terms” are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules 2011. These Terms are an “electronic record” as contemplated under the Information Technology Act, 2000 and the Rules thereunder. These Terms are generated by a computer system and do not require any physical or digital signatures.

The website https://www.indiabytripta.in is owned by India By Tripta LLP (“IBT”), a company incorporated under the Companies Act 2013 with registered office at A-37 Mayapuri Industrial Area, Phase-2, New Delhi – 110064, INDIA (hereinafter referred to as “IBT”).

The Terms of Use below govern the use of and access to our Website. In these Terms of Use “You”, “Your” or “User” refers to you, the user of the Website https://www.indiabytripyta.

The “Products” mentioned in these Terms of Use refer to clothing, home furnishing, outdoor decor, upholstery and prints on demand.

By accessing the Website, You agree to be bound by these Terms of Use and acknowledge that it constitutes an Agreement between You and IBT (hereinafter the “User Agreement”). This User Agreement is effective on the date on which You access and/or the date on which these Terms of Use are updated.

Persons who are “incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including minors and un-discharged insolvents etc. are not eligible to use/access the Website. However, minors may access and use the Website under the supervision of an adult who agrees to be bound by the Terms of Use.

IBT, in its sole discretion and without liability, reserves the right to terminate or refuse Your registration, or refuse to permit use/access to the Website, if: (i) it is discovered or brought to notice that You do not conform to IBT’s eligibility criteria, or (ii) IBT has reason to believe (including through evaluating usage patterns) that the eligibility criteria is not met/is violated by You, or (iii) You may breach the terms of this User Agreement.

ACCEPTANCE OF THESE TERMS OF USE

Welcome to www.indiabytripta.com . Your use of the above is subject to the acceptance of our Terms of Use and You shall be legally bound by the same. In case You are not in agreement with any of these terms, You may not use the Website if you do not accept the Terms of Use or are unable to be bound by the same. IBT reserves the right to modify these Terms of Use at any time and Your continued use of our Website and Services would construe as an acceptance of these Terms of Use, as changed from time to time. You are requested to regularly visit the Website to view the most current Terms of Use. It shall be Your responsibility to check the Terms of Use periodically for changes.

IBT reserves the right to modify or update our site(s), colour schemes and designs, mobile applications, software, or Sale terms, including the discontinuation of any Product. IBT, in no way, guarantees that the use of the Website shall be available to You at all times. IBT also reserves the right to modify our product listings, product categories, rates, prices, fee structure, discount and wallet use (earnings and redemption) at any time without any prior information to you.

The Services on the Website shall be subject to a delivery charge. You shall be informed of such delivery charges at the ‘check-out’ page on the Website and by checking out Your order, agree to pay the delivery charge.

Furthermore, Your acceptance of these Terms shall imply Your acceptance of the Privacy Policy available at  Privacy Policy on our Website. If there is any dispute or conflict between these Terms of Use and any other applicable terms, in relation to the Website or the Services, these Terms of Use shall prevail.

PERSONAL INFORMATION

As part of the registration process on the Website, IBT may collect the following personal information from You: Name (including first and last name), email address, mobile phone number, address/es and information about the pages on the site You visit/access, the links You click on the site, the number of times You access the page and any such browsing information as IBT deems fit. You may also be directed to setup a username and password to login to the Website or allowed login through a one-time password (“OTP”) to Your mobile phone number.

USER ACCOUNT REGISTRATION 

IBT requires that all users create an account and secure this with a password or login through OTP, for use of Services under the Website. It is Your responsibility to ensure that the personal and contact information provided by You should always be current and correct.  You will be responsible for maintaining the confidentiality of the account information and are fully responsible for all activities that occur under Your account. IBT takes no responsibility towards any illegal activity done by You through our Website, or use of IBT’s Services by You under false pretenses, or in violation of Applicable Laws.

You agree that the registration of Your account shall be construed as Your permission to be automatically opted-in (Opt-In) to receive promotional communication from IBT, from time to time, through Phone Calls, SMS, WhatsApp, Email or any other means of communications that our Company/IBT deem fit. You can opt-out of such subscription, Services, promotional messages at any time by writing to our customer service team.

PRICING AND PAYMENT

IBT endeavours to provide You offers and discounts, as applicable, on the Products listed on the Website. The discounts and offers would be applicable on the current MRP (maximum retail price) of the product which would be mentioned clearly on the Website. IBT makes all efforts to ensure that the prices listed on its Website are the most recent and current MRPs of all Products. IBT aims to ensure that prices of all Products offered for sale are true and correct. However, from time to time, the prices of certain Products may not be current or may be inaccurate on account of technical issues, typographical errors, or incomplete product information. In each such case, notwithstanding anything to the contrary, IBT reserves the right to cancel the order without any further liability.

Subject to the foregoing, the price mentioned at the time of ordering a product shall be the price charged at the time of delivery, provided that no product offered for sale on the Website will be sold at a price higher than its MRP.

You may contact the IBT customer support team at in case You notice any discrepancy or difference or calculation error in the price charged to You against the price mentioned on the IBT Website. In such a case, additional charges may be collected or refunded, as the case might be, and in case You do not agree to the same, You have the option to cancel Your order, return back the Products delivered and receive a refund for the returned Products. However, in no case or instance can You claim any amount over and above the cost of the returned Products paid by You.

The discounts and deals being offered on Products on the IBT Website may change from time to time, without prior information to given to You. IBT reserves the right to change the discounts, deals and offers being given on the Products on the Website at any time and You shall have no objection to the same.

IBT only accepts your offer and concludes the contract of sale for a Product ordered by You, when the Product is shipped or dispatched to You and a message is sent to You that the Product has been shipped or dispatched to You (the “Shipment Confirmation”). IBT reserves the right, at IBT’s sole discretion, to refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to You.

All orders placed on the Website are subject to the availability of such Product/s, our acceptance of Your offer as per the above and Your continued adherence to these Terms of Use. You acknowledge and accept that the title and risk of all Products ordered by You shall pass on to You upon the delivery of the purchased Products to You.

The order You place through the Website may be subject to a delivery charge. You will be informed of such delivery charges at the check-out stage during Your order. By confirming Your order, You agree to pay the delivery charges as applicable.

You can cancel Your order as per the Shipping and Returns  policy of IBT which is clearly mentioned on the Website. In such a case, You are eligible to claim a refund in accordance with the return and refund policy of the company.

COPYRIGHT

All materials published on or in the Website, or rendered through any of our Services, are protected by copyright laws. No copyright material or other content may be reused, reproduced, republished, disseminated, transmitted, sold, displayed, broadcast, or circulated, or otherwise exploited in any manner without the express written permission of IBT or permission of the copyright owner. Access to the Website does not confer and shall not be considered as conferring upon anyone any license under any of IBT’s or any third party’s intellectual property rights. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of IBT, its affiliates, its partners or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

You may not download (other than page caching) any of the contents of the Website, or modify it, or any portion of it, except with express written consent of IBT. The use of the Website does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website 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. The Website and its contents may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of IBT. You may not use any meta tags or any other “hidden text” utilizing the Website’s or IBT’s name or any of IBT’s trademarks without the express written consent of IBT.

In the event You believe that any content posted on the IBT Website or used in any IBT Services infringes Your copyright or other intellectual-property rights, You may contact our customer service who shall then forward the information to our Copyright/Trademark agent.

INDEMNIFICATION

You agree to indemnify and hold harmless IBT, its owner, licensee, affiliates, subsidiaries, group companies (as applicable), their respective officers, directors, partners, agents, employees, consultants, contractors suppliers and co-branders against any claims, demands, liabilities, damages, judgements, losses, costs, expenses, or actions including reasonable attorney fees, made by any third party arising out of Your violation of these Terms of Use or Your use of our Website, or arising out of violation of any applicable law (including but not limited in relation to intellectual property rights, payment of statutory dues and taxes, claims of defamation, any dispute or litigation caused by Your action or omission, Your negligence or violation or alleged violation of any applicable law or right of a third party privacy or publicity violation) including but not limited to any of the Website’s content and Services or Your use of information received from the Website. This clause shall survive the expiry or termination of these Terms of Use.

SEVERABILITY

If any provision in these terms of Use becomes invalid, illegal, or enforceable for any reason, such provision shall be eliminated such that the remaining provisions of these Terms of Use shall not in any way be affected or impaired.

PRIVACY POLICY 

IBT views the protection of Your privacy and information as a very important principle. We store and process Your account information including any sensitive personal / financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under.

In addition to other clauses in these Terms of Use and Your explicit consent before availing the Services on the Website, You agree and specifically consent that IBT may collect, process, store, transfer, transmit or otherwise use such of Your information pursuant to Your consent for availing the Services for a period not exceeding 10 (ten) years or such other time period as applicable, from the date of Your consent.

IBT’s current Privacy Policy is available at privacy policy. You are advised not to use the Website if You have any objection to Your information being transferred or used in this way.  In case of IBT’s merger with or acquisition by another business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever IBT will share / sell / transfer / license / convey some or all of Your personal information with another business entity. In such a case, the other business entity or the new combined entity will be required to follow the privacy policy with respect to Your personal information.

You hereby consent and agree that You have read and fully understood the Privacy Policy of IBT in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to You.

TERMINATION

This User Agreement is effective unless and until terminated, either by You or by IBT. You may terminate this User Agreement at any time, provided that you discontinue any further use of the Website, subject to the Your Information Clause above. IBT may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website.

IBT’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 Website or affect any liability that may have arisen under the User Agreement prior to the date of termination.

GRIEVANCE POLICY 

In case of any complaints or concerns regarding the use of the Website, an email may be sent to indiabytripta@gmail.com and our grievance officer shall contact You to address the same.

APPLICABLE LAW 

These Terms shall be governed and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in New Delhi, India. You waive any and all objections to the exercise of jurisdiction over You. In case of any dispute or difference, either in interpretation or otherwise, of any terms of these Terms of Use between the parties hereto shall be referred to an independent arbitrator who will be appointed by IBT and this decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in New Delhi.

DISCLAIMER

You expressly agree that the use of the IBT Website is at Your sole risk. The Website and the information provided is made available to You without any warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, accuracy, dependability, consistency and performance and IBT does not accept any liability for any errors or omissions.

IBT does not guarantee that the Website would function at all times without interruptions or inaccuracies, and its operation may be interrupted at any time due to failure, maintenance, updates or technical glitches or otherwise. IBT disclaims all liability for any loss caused to You due to interruption or non-functioning of our Website.

You understand that IBT reserves the right to vary, alter or modify the Terms of Use and the terms relating to the Services, at any time and at IBT’s sole discretion. Policies related to returns/ exchanges, penalties, refunds, cancellation, Wallet and Wallet Points use will be updated by IBT from time to time, without any explicit permission from You. You are required to check the same periodically on our Website to keep Yourself updated and be aware of same. Using the Services once does not entitle automatic eligibility to avail similar Services or Products the future.

DISCLAIMER OF LIABILITY

IBT hereby disclaims all warranties and conditions with regard to these Terms of Use, information, software, Products, and Services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and no infringement. The suppliers providing the Products to IBT, or any such third parties we may take Services from, are independent entities and IBT is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting thereof.

ZERO LIABILITY

You agree and acknowledge that You have unequivocally consented to these Terms of Use in relation to availing the Services. You also agree and acknowledge that the IBT has no liability, whatsoever, in relation to this User Agreement and You shall not initiate any legal proceedings against IBT and any person related thereto with respect to the User Agreement.

LIMITATION OF LIABILITY 

The total liability of IBT, if any, that is established and ordered by a court of competent jurisdiction pursuant to a claim, shall in no event extend beyond refund of the money charged from You for purchases made pursuant to an order under which such liability has arisen and established.

 

IN NO EVENT SHALL IBT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCLUDING WITHOUT LIMITATION INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE USE OF OUR WEBSITE, SERVICES AND THESE TERMS OF USE.

 

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