INTRODUCTION 

Our terms and conditions govern your use of the e-commerce marketplace website https://kshitii.in and the associated mobile applications, Kshitii (referred to collectively as the 'Platform'). Kshitii is a brand owned, operated, and managed by a group of women, a company duly incorporated under the provisions of the Companies Act, 1956, with its registered office at 515, Bidhan pally road, Garia, Kolkata 700084 (referred to collectively as the "Company," "Us," "We," "Kshitii").

By accessing or visiting this website or using the Platform, you acknowledge that you have read, understood, and agreed to be legally bound by the contents of these terms and conditions. These terms and conditions do not apply to third-party products or services, which are governed by their own terms of service unless otherwise specified.

This document constitutes an electronic record under the Information Technology Act, 2000, and the rules made thereunder. It is generated by a computer system and does not require physical or digital signatures. This electronic record is published in accordance with the relevant provisions of the Information Technology Act, 2000, and the rules made thereunder.

TERMS 

By using or accessing the Platform, you are adjudged to have accepted the following terms and conditions, and we reserve the right, at our sole discretion, to make changes or modifications to these terms and conditions from time to time ("Terms"). These Terms create a legally binding contract between you (referred to as "You" or "Your" or the "User") on one side and Kshitii on the other side.

• A User includes any person who accesses, browses, transacts, or avails of any services on the Platform. By implicitly or explicitly accepting these Terms, You also accept and agree to be bound by our guidelines, rules, privacy policy, and other applicable policies (if applicable), as may be updated and made available to You periodically.
• If You disagree with any of the Terms, You are expressly prohibited from using the Platform and must cease use immediately.
• We do not permit individuals under the age of 18 to use our Platform without the consent or supervision of their parent or guardian.

USER REPRESENTATIONS 

The User acknowledges that they are at least 18 (eighteen) years old and legally competent to enter into contracts under applicable law(s) and can register on the Platform. As mentioned above, we do not allow individuals under the age of 18 to use our Platform without the consent or supervision of their parent or guardian.

• The User shall ensure that the registration information provided on the Platform is accurate, complete, and truthful. If we suspect that the information provided by the User at any time is false, inaccurate, or not in accordance with these Terms, the Company reserves the right to suspend, terminate, or block the User's access to the Platform.
• The User is solely responsible for maintaining the confidentiality of their registration information and will be held liable for all activities and transactions conducted through their account if provided. The Company shall not be liable for any third-party claims resulting from any loss incurred by the User as a result of someone else using the User's password or account, with or without the User's knowledge.
• The User may only use the Platform for their legitimate, legal purposes and shall not attempt to decipher, decompile, disassemble, hack, or reverse engineer any part of the Platform or assist others in doing so.

PERSONAL DATA 

We will process the personal data and sensitive personal data provided by You to, collected by or for, or processed in connection with our Platform in accordance with our PRIVACY POLICY. Please take a moment to familiarize yourself with our Privacy Policy, and if you have any questions, don't hesitate to ask. If You disagree with the terms of our Privacy Policy, please refrain from accessing the Platform. If You continue to use the Platform, including the App, or any products or services offered by Kshitii, including its website, it indicates that You are aware of and consent to our Privacy Policy and its contents. You accordingly agree and consent to us collecting, storing, processing, transferring, and sharing Your personal information (including sensitive personal information) with third parties or service providers for the purposes outlined in the Privacy Policy.

REPRESENTATIONS AND WARRANTIES

We have established an effective grievance redressal mechanism and have designated a grievance officer in regard to any customer query. Our team will acknowledge the receipt of any customer complaint within 48 (forty-eight) hours and will resolve the complaint within 1 (one) month from the date of receiving it.

As a marketplace e-commerce entity, we do not impose any cancellation charges on consumers who cancel their confirmed purchase unless similar charges are also incurred by us or our sellers in the event of their unilateral cancellation of the purchase order for any reason.

In our capacity as a marketplace e-commerce entity, we will only record a customer's consent for the purchase of any goods or services offered on our Platform when such consent is explicitly and affirmatively expressed.

We will process all payments related to accepted refund requests from consumers in accordance with the guidelines set by the Reserve Bank of India or any other competent authority under the prevailing laws, within a reasonable timeframe, or as mandated by applicable regulations.

As an e-commerce entity, we do not engage in the following practices:

• Manipulate the pricing of goods or services offered on our Platform to derive unreasonable profits by imposing unjustified prices on users. Our pricing takes into account prevailing market conditions, the essential nature of the goods or services, any exceptional circumstances under which the goods or services are offered, and other relevant factors to determine the fairness of the charged price.
• Discriminate among users of the same category or make arbitrary classifications of users that affect their rights.

USER RESTRICTIONS 

In your capacity as a User of the Platform, you pledge not to:

• Upload, modify, or share any information that is misleading, harmful, illegal, threatening, harassing, defamatory, obscene, pornographic, hateful, or objectionable in any way.
• Retrieve data or other content from the Platform to create or compile a collection, compilation, database, or directory, whether directly or indirectly, without obtaining written permission from Us.
• Collect usernames and/or email addresses of users through electronic or other means for the purpose of sending unsolicited emails or creating User accounts under false pretenses.
• Use the Platform for advertising or offering to sell goods or services unless explicitly authorized by Us.
• Engage in unauthorized framing of or linking to the Platform.
• Mislead or defraud Us and other users, especially in any attempt to obtain sensitive information such as User passwords.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Interfere with, disrupt, or excessively burden the Platform or the networks or services connected to the Platform.
• Attempt to impersonate another User or individual or use the username of another User.
• Attempt to gain unauthorized access to the Platform.
• Impersonate another person.
• Violate any applicable laws in force at the time.
• Sell or otherwise transfer your account.
• Use any information obtained from the Platform to harass, abuse, or harm another person.
• Use the Platform to compete with Us or for any revenue-generating activity or commercial enterprise.
• Upload or transmit (or attempt to upload or transmit) viruses, trojan horses, or other materials that disrupt, alter, destroy, or limit the functionality of the Platform or any part of it.
• Harass, annoy, intimidate, or threaten any of our employees or agents.
• Use the Platform or any part of it for any unlawful purpose or one that violates these Terms, or to solicit the performance of any illegal activity that infringes upon the rights, including but not limited to intellectual property rights, of Kshitii or others.

User Connect

Your feedback is of esteemed value to us. On our Platform, we offer the opportunity for you to share reviews or ratings. But when posting a review, it is essential to adhere to the following guidelines:

1. Your review must refrain from containing offensive profanity, abusive language, racism, or hate speech.
2. Your review should not include discriminatory references based on factors such as religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
3. Your review should not make references to illegal activities.
4. Posting negative reviews while having affiliations with competitors is prohibited.
5. False or misleading statements should not be included in your review.
6. Organizing a campaign, whether financial or otherwise, to encourage others to post reviews, whether positive or negative, is not allowed.

INTELLECTUAL PROPERTY RIGHTS 

Unless otherwise specified, we retain full ownership of all rights, titles, and interests, including all associated intellectual property rights such as source code, databases, software, applications, audio, text, images, graphics, trademarks, service marks, and similar.

For the Third-party trademarks that may appear on this Platform, all rights related to them are reserved by the respective registered owners. To use any third party's intellectual property, users must obtain direct permission from the owner for any intended use.

These Terms do not constitute a sale and do not grant users any ownership rights in or related to the Platform, the goods or services, or any intellectual property rights owned by the Company. Users are solely responsible for any violations of laws and infringements of intellectual property rights.

TERM AND TERMINATION 

All terms will remain in effect unless terminated by either You or Us. They will continue to be fully effective while You are using the Platform. In addition to any other provisions in these Terms, We retain the authority, at our sole discretion and without prior notice or liability, to restrict access to and usage of the Platform (including the blocking of specific IP addresses) for any individual, for any reason or without any specific reason. This includes instances such as a breach of any representation or warranty outlined in these Terms or any applicable law or regulation. At our sole discretion, We may terminate Your use of or participation in the Platform or remove any content or information posted by You at any time. 

Furthermore, besides terminating or suspending Your account, We reserve the right to pursue suitable legal actions, which may include civil, criminal, and injunctive remedies.

ADVERTISEMENTS 

We may enable and permit third-party advertisers to showcase their advertisements and related information on our Platform ("Third Party Advertisers"). Any concerns or issues encountered by the User regarding these advertisements should be directly addressed with the relevant Third Party Advertiser. We bear no responsibility for the actions, omissions, errors, representations, warranties, or negligence of any Third Party Advertisers. We explicitly disclaim any and all liability arising from the advertisements of Third Party Advertisers on the Platform. Please note that we solely provide space for such advertisements and have no other affiliation with Third Party Advertisers.

PAYMENT METHOD 

We accept the following payment methods:

• Credit/Debit Card
• Net banking
• Cash on delivery
• UPI
• Account Transfer

For all transactions conducted through the Platform, You agree to provide accurate, complete, and current payment and account details. You commit to maintaining your account and payment records up to date, including your email address and payment card expiration date, if applicable.

CASH ON DELIVERY 

A Cash on Delivery (COD) charge will be applied to all orders, and this charge can be viewed at the checkout. Orders below INR 500 will incur a COD charge of INR 50. However, COD is not an option for orders exceeding INR 25,000, as any order exceeding this amount must be prepaid.

CANCELLATION POLICY 

The User has the option to cancel an order at any time prior to the delivery of the products, within 24 hours of placing the order. The refund will be initiated as per the Refund Policy detailed in the subsequent clause. It is the User's responsibility to ensure that they do not accept the order if a delivery attempt is made for a cancelled order.

RETURN, REPLACEMENT AND REFUND POLICY 

Returns Policy: The User may return products within seven days of receiving them, and the return will be processed within 10 business days of receiving the request. To initiate a return request within the specified period, the User must provide Us with pictures of the packaging and the product (unless the product is missing) at info@kshitii.in We will arrange for the Product to be picked up, and the refund will be processed in accordance with the Refund Policy.

Products are eligible for returns only if:

• The product(s) delivered do not match the User's order.
• The size of the product is incorrect.
• The product(s) have already expired or are set to expire within less than 3 months.
• The product(s) delivered were damaged.

The User must ensure that the product to be returned remains unused, with tags and packaging intact and untampered with.

Products that do not qualify for return include:

• Products that have been altered or used.
• Products with tampered serial numbers or barcodes.
• Products where the batch number does not match the invoice.
• Home decor or larger items (any item larger than 1 meter in any one dimension or weighing more than 10 kilograms).

Replacements Policy 

Replacements are allowed only for fashion-related products. If the User wishes to replace the fashion-related product(s) regarding color, quality, size, etc., the replacement can be arranged. However, replacements are subject to product availability and are at the sole discretion of the Company. If a replacement is not possible, a refund will be processed.

Note: We will initiate the refund only upon receiving confirmation from the relevant vendor regarding the product's condition/packaging related to that refund.

Refund Policy 

Refunds will be processed as follows:

• The refund request will be validated by the Company's customer care.
• The refund will be processed only after receiving confirmation from the third-party seller regarding the product's condition/packaging.
• The refund will be initiated within 10 business days from the date of reverse pickup.
• In the case of a failed delivery attempt, the product(s) will be returned to our warehouses, and we will cancel the order and issue a refund in accordance with our refund policy.
• For cancelled orders before delivery (for prepaid orders), the refund will be initiated within 7 working days.

SHIPPING POLICY 

We currently offer delivery services across India to all major cities and metros.

We have partnered with a reliable logistics provider to ensure the timely delivery of all products across various cities. While we make every effort to minimize shipment delays, there are instances where factors beyond our control may cause delays.

GENERAL SHIPPING TIMELINES

• The seller typically prepares the ordered product within 2 business days. If the product is made to order, the preparation timelines are mentioned on the website.
• Our logistics partners are notified once the vendor has the product ready for dispatch. They pick up the product from the seller and deliver it to the customer's location. The typical delivery time after pickup is 3-4 days.
• Our operations are active on all business days, except Sundays and national holidays. If you encounter any product-related issues during delivery, you can contact us at info@kshitii.in, and we will respond within 24 hours.

INDEMNITY 

The User agrees to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, consultants, representatives, shareholders, vendors, users, etc. ("Indemnified Parties") from any and all losses, liabilities, claims, damages, demands, costs, expenses, attorney's fees, or other losses arising from or related to any claim, suit, action, or other proceeding brought against the Indemnified Parties.

LIABILITY 

It is expressly stated that Kshitii does not manufacture any of the products listed on this Platform. The User understands, agrees, and acknowledges that Kshitii operates as an intermediary and online e-commerce marketplace. The "contract for sale" of products, if any, is a bilateral contract between the User and sellers listed on the Platform. Any claims related to the quality, appearance, nature, consumption, usage, or other attributes of products should be addressed by the User directly with the seller. Kshitii shall not be a party to any such claim. The User hereby waives any claims and releases Kshitii from any and all liabilities, losses, claims, and damages arising from or related to the disclaimer as stated in the following clause.

DISCLAIMER

The Platform is provided on an "as-is" and "as-available" basis. You acknowledge and agree that your use of the platform-based services is at your own risk. We disclaim all warranties, express or implied, related to the Platform and your use of it, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. 

We make no warranties or representations regarding the accuracy or completeness of the Platform's content or linked content. We shall assume no liability or responsibility for:

• Personal injury or property damage of any nature resulting from your access to and use of the Platform or the third-party sellers' products provided therein.
• Unauthorized access to or use of our secure servers and personal/financial information stored therein.
• Interruption or cessation of transmission to or from the Platform.
• Errors or omissions in any content and materials, or any loss or damage resulting from the use of any posted, transmitted, or otherwise available content via the Platform.

DISPUTE RESOLUTION 

In the event of any dispute between the parties regarding the Terms and Conditions, the settlement shall be determined in accordance with the laws of India.

All Terms and Conditions align with the provisions of the Consumer Protection (E-Commerce) Rules, 2020, as they pertain to a marketplace e-commerce entity.