Terms & Conditions

TERMS OF SERVICE AGREEMENT
LAST REVISION: [25-January-2023]
 
 
YOUR USE OF THIS WEBSITE IS GOVERNED BY THESE TERMS & CONDITIONS
These terms and conditions of use ("Terms of Use" or “Terms”) of the website www.pilkhan.in and instances thereof (“Website”) between ‘Pilkhan Nature Private Limited’, a company incorporated under the Companies Act, 1956, (“Company” or “Pilkhan” and its successors and assigns) and the users of the Website ("You" or "Your" or "Yourself" or "User") describe the terms on which the Company offers You access to the Website. WE RECOMMEND THAT YOU READ THESE TERMS & CONDITIONS, AS THEY INCLUDE TERMS SUCH AS LIMITATIONS OF LIABILITY, CHOICE OF FORUM FOR DISPUTES AND OTHER PROVISIONS THAT MAY LIMIT YOUR RIGHTS.
Pilkhan reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms & Conditions. You can determine when these Terms & Conditions were last revised by referring to the "LAST UPDATED" legend at the top of these Terms & Conditions. Your continued use of the Site will indicate your acceptance of the current Terms & Conditions. If you do not agree to any chance in the Terms & Conditions then you must immediately stop using the Site.
 
ACCURACY OF INFORMATION PROVIDED BY YOU
You represent and warrant that any information that you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site.
 
YOUR ACCOUNT
You may be required to register with Pilkhan in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you, and you may not use, a user name (or e–mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.

Your user name and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Pilkhan reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

TERMINATION
Pilkhan reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Site, and to block or prevent future access to and use of the Site if you violate any of these Terms & Conditions. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and we shall not be required to make such information or files available to you after any such termination. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, limitation of liabilities, and all indemnities shall survive such termination.
 
TRANSACTIONS
We make available products for purchase through the Site, and we may use third–party suppliers and service providers to enable e–commerce functionality on the Site. If you wish to purchase any product made available through the Site, you may be asked to supply certain information relevant to your transaction, including, without limitation, your credit card number, the expiration date of your credit card, One Time Passwords/ PINs, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY DEBIT/ CREDIT CARD(S)/ NET BANKING UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Pilkhan the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Descriptions and images of, and references to, third–party products or services available in connection with the Site do not imply Pilkhan’s endorsement of such third–party products or services. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, national and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Pilkhan reserves the right, with or without prior notice: to limit the available quantity of or discontinue any product or service; to impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all transaction(s); and/or to refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions.
Nothing on the Site constitutes a binding offer to sell products described on the Site or to make such products available in your area. Pilkhan reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in Pilkhan’s sole discretion, even after Pilkhan’s receipt of an order confirmation or after your credit card/ Net Banking has been charged. The prices displayed on the Site are quoted in INR and must be paid in INR. In the event a product is listed at an incorrect price, Pilkhan has the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Pilkhan will issue a credit to your credit card account.
 
COLORS
Pilkhan strives to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, Pilkhan cannot guarantee that your monitor’s display of any color will be accurate. For products that are handmade, variations in colour are to be expected.
 
PRODUCT DESCRIPTIONS, FEATURES AND SPECIFICATIONS
Every effort is taken to ensure that the Products supplied correspond as closely as possible to the Website, but they may vary due to unique and characteristic variations of natural materials. We are not responsible for any such variations, which add to the unique quality of the Product.
We reserve the right to make any changes to the Product specifications (external and/or internal) and any other changes where necessary.

NEWSLETTERS AND COMMUNICATIONS
You hereby expressly agree to receive communications and newsletters from Pilkhan by SMS and e-mails. You can unsubscribe /opt-out from receiving communications and newsletters from Pilkhan at any time by clicking on the Unsubscribe link given at the bottom of the newsletter you receive.
 
LIMITATIONS ON QUANTITY
Pilkhan may not offer additional discounts on large orders of a single item or on large orders of many individual items. In addition, Pilkhan reserves the right to limit quantities on orders placed by the same account, the same debit/credit card, bank account or orders that use the same billing and/or shipping address. We will notify you if such limits are applied.
 
AVAILABILITY, ERRORS AND INACCURACIES
Many of our featured items are offered in limited quantities and, because of their limited availability and seasonal nature, stock will not and cannot be refreshed. That means once an item is gone, it may be gone for good and not appear on the Site again. When an item featured on the Site is no longer in stock, we make reasonable attempts to remove that item from the Site in a timely manner. Should you have any questions concerning the availability of a particular item or its price, please contact us at hello@pilkhan.in or call us on our customer care number. Pilkhan acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped, or that the price or availability of an item has been confirmed. Pilkhan makes a conscientious effort to describe and display its products and services accurately on the Site.
Despite all efforts, a small number of the items on the Site may be mispriced, described inaccurately or unavailable, and we may experience lags in uploading updates throughout the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of the information, including prices, product images, specifications, availability and services. Pilkhan reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time, including after an order has been submitted, without prior notice. We apologize for any inconvenience.
 
SALES, SHIPPING, AND RETURNS
Pilkhan accepts payments through the Razorpay payment gateway. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order. 
For a multiple product orders, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges if the shipping is not free. Shipping cost is included in your purchase cost unless specified otherwise. 
 
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of Pilkhan offer to sell. Pilkhan reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item. We will ship your order as it becomes available.  However, there may be times when a product you have ordered is out-of-stock, which will delay fulfilling your order. Pilkhan will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. Pilkhan cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by us only as an estimate. Fulfilment mistakes that Pilkhan makes resulting in the shipment of incorrect product to you will also be accepted for return seven (7) days from the date of delivery of the product. See Pilkhan’s complete Shipping & Return policy for further details. When returning products please return unused and with the original packaging, The logistics partner(s) reserve the right to refuse the pickup of goods which are not packed properly as per the guidelines and may get damaged in the reverse transit. You are responsible for retaining the original packaging material in good condition throughout the warranty period.
 
COMMENTS / FEEDBACK
We welcome your comments and feedback regarding our Site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information, product designs or concepts, and other submissions disclosed, submitted or offered to Pilkhan using this Site or otherwise (collectively, “Comments”) are not confidential and will become and remain Pilkhan’s property. The disclosure, submission or offer of any Comments will constitute an assignment to Pilkhan of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libellous, abusive, obscene or otherwise unlawful material.
 

NO UNLAWFUL OR PROHIBITED USES
The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Site. Pilkhan specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
Posting any information which is incomplete, false, inaccurate or not your own; engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol; communicating, transmitting, or posting material that is copyrighted, trademarked, or otherwise owned by a third party unless you are the copyright or trademark owner or have the permission of the owner to post it; communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner; communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another; communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of Indian export control laws; attempting to interfere in any way with the Site's or Pilkhan’s networks or network security, or attempting to use the Site's service to gain unauthorized access to any other computer system.
 
PRIVACY POLICY
You confirm that you have read and fully understand the Privacy Policy of Pilkhan in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to You.
 
INTELLECTUAL PROPERTY NOTICE
All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software and other material (collectively "Content"), is owned or licensed property of Pilkhan or its software and content suppliers and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement, and assembly of all content on the Site are the exclusive property of Pilkhan and protected by Indian and international copyright laws. The Content of the Site, and the Site as a whole, is intended solely for personal, noncommercial use by the users of our Site. You may download, print, post and store selected portions of the Content for personal, noncommercial purposes, provided you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
Pilkhan and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials that appear on the Site. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of Pilkhan’s or any third party’s intellectual property rights.
 
INFRINGEMENT NOTICE
Pilkhan respects the intellectual property rights of others and requires that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Site, please notify us by sending an email to the following address:hello@pilkhan.in
 
In order for Pilkhan to more effectively assist you, the notification must include all of the following: 

1. A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;
2. A description of the copyrighted work or other right you claim has been infringed or violated;
3. Information reasonably sufficient to locate the material in question on the Website;
4. Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.

 
LINKS TO THIRD PARTIES’ WEBSITES
The Site may contain links to websites of third parties, including social sites and product manufacturers. Pilkhan is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms and conditions and content of any such website. Before enabling any sharing functions of the Site to communicate with any such website; Pilkhan strongly recommends that you review and understand the terms and conditions, privacy policies, settings and information sharing functions of each such third party website. The links and interactive functionality for third party sites on the Site in no way constitute an endorsement by Pilkhan of these third party websites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK.
 
DELIVERY DATES
All delivery dates, if scheduled, are estimates only. You will be notified when the products are dispatched from our warehouse.

DISCLAIMERS OF WARRANTIES – GENERAL
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: While Pilkhan attempts to ensure your access and use of the Site is safe, Pilkhan cannot and does not represent or warrant that the Site or its server will be error–free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks) or otherwise meet your requirements.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS AND OTHER PRODUCTS (INCLUDING SOFTWARE), SERVICES AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY PILKHAN ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. PILKHAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, THE ACCURACY OR COMPLETENESS OF CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), SERVICES OR USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR ITS SERVERS, OR THAT EMAILS SENT FROM PILKHAN ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. PILKHAN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS PRODUCTS (INCLUDING SOFTWARE), SERVICES OR USER CONTENT OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, PILKHAN DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES, BUT YOU WOULD LOOK SOLELY TO SUCH THIRD PARTIES WITH RESPECT TO ANY SUCH REPRESENTATION AND WARRANTIES.
On the Site, we may display names, marks, products, advertisements or services of third parties, pop–up texts, or links to third party sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. If you decide to link to any such third party sites, you do so entirely at your own risk.
 
PRODUCT WARRANTY
All content, products, and services on the site, or obtained from a website to which the site is linked (a "linked site") are provided to you "as is" without any guarantees or warranty. In connection with all content, products and services on this site, Pilkhan makes no warranties of any kind, either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Use of the product by a user is at the user’s risk.

JURISDICTIONAL ISSUES
The Terms and all transactions entered and the relationship between You and Pilkhan and any mutual claims shall be governed in accordance with the laws of India without reference to any conflict of laws principles. All claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms or any transactions entered into on or through the Website shall be subject to the exclusive jurisdiction of the courts at Ahmedabad, Gujarat, India and You hereby accede to and accept the jurisdiction of such courts.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL PILKHAN OR ANY OF ITS RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS ARE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING,WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PILKHAN HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.