Terms and conditions

The use of this website and services on this website provided by GV Kinger Ventures (hereinafter referred to as "Owner") are subject to the following Terms and Conditions (hereinafter the "Terms of Service"), all parts and sub-parts of which are specifically incorporated by reference here, together with the Privacy Policy. Following are the Terms of Service governing your use of www.thebecomingcommunity.co ( the "Website"), all services on the Website and any services provided by or on this Website ("Services").  

By accessing either directly, or through hyperlink, the Website, and/or purchasing something from us, you engage in our "Service", and agree to be bound by the Terms of Service including those additional terms and conditions and policies referenced herein, and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation, vendors, buyers, customers, merchants, browsers and/or contributors of content. You acknowledge and agree that the Website may access your personal information in the manner prescribed in our Privacy Policy, which sets forth how information collected about you is collected, used and stored.

Definitions

The parties referred to in these Terms of Service shall be defined as follows:

1. a) Owner, Us, We: The Owner, as the creator, operator, and publisher of the Website, makes the Website and certain Services on it, available to users. GV Kinger Ventures, Owner, Us, We, Our, Ours, and other first person pronouns will refer to the Owner as well as employees, and other affiliates of the Owner.
2. b) You, the User, the Client: You, as the user of this Website, will be referred throughout these Terms of Service with second-person pronouns such as You, Your, Yours, or as User or Client. For the purpose of these Terms of Service, the term "User" or "You" shall remain any natural or legal person who is accessing the Website. The term "Your" shall be construed accordingly.
3. c) Parties: Collectively, the parties to these Terms of Service (the Owner and You) will be referred to as Parties.  

Assent and Acceptance

We offer the Website (including all information, tools and services available on the Website) to You, the customer, conditioned upon your acceptance of the Terms of Service. By using this Website, you agree to follow and be bound by the Terms of Service. Additionally, we reserve the right to modify these Terms at any time without prior notification. Website Users must agree upon and abide by these changes accordingly. Please review this page periodically for changes. Any use of our Website at any time constitutes full acceptance of our Terms of Service. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. Any new features or tools which are added to the Website shall also be subject to the Terms of Service. If you do not agree to all the Terms of Service, then you may not access the Website or use any Services. 

About the Site

The Website is an online store in the business of selling retail products such as apparel and other related goods. We reserve the right to refuse service or refuse to sell the products on the Website at our sole discretion to anyone for any reason at any time.

The Website does not screen or censor the Users who register on and access the website. You assume all risks associated with dealing with other Users with whom you come in contact through the Website. You agree to use the Website only for lawful purposes without infringing the rights or restricting the use of this Website by any third party.

Website Access

The Website is available to all users of the Internet network and is accessible 7 days a week, 24 hours a day, subject to any interruption, planned or not, for technical maintenance and/or security reasons or cases of circumstances outside of its control, i.e. “force majeure events”. The Owner is not liable for any damage incurred by an unavailability of the Website.

The Owner does not make any promises about the availability or accessibility of the Website or guarantee that the access to the Websites, the content on it or the services it provides will be delivered uninterrupted, timely or error-free. For technical maintenance and/or security reasons, the Website may be obliged to partially or totally suspend access temporarily and without notice. By accepting these Terms of Service, Users accept any such technical interruptions.

The Owner reserves the right to update the Website, particularly for technical or commercial reasons. When any such changes do not alter the conditions of use or, more generally, do not substantially and adversely affect the services that are provided, Users may be informed of the changes made but their acceptance to such changes will not be required.

Registration, Accounts and Passwords

As a User of the website, the Client may create a personal account by filling their personal data, including but not limited to Names, email addresses, passwords, postal addresses etc.(the “Personal Account”). By creating the Personal Account, You are responsible to ensure the accuracy and completeness of the data provided. This identifying information will enable you to use the Website and Services. If an error occurs relating to the recipient address, We shall not be held liable in case of any inability to deliver the products ordered.

In order to place an order, Client must have attained majority and enjoy full legal capacity to enter into contracts, and possess a valid payment card issued by a bank acceptable to the Website's payment provider. The Owner reserves the right to refuse any request or order and to close an account at its sole discretion.

You are solely responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter-alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by You as a Visitor or user of a third party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, We have the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.

Product

The products offered for sale are those described and available on the Website, within the limit of available product stock. Information is updated in real time. Nevertheless, errors occurring during the update cannot be held to the liability of the Owner. We are not liable in case of an order cancellation because of stock depletion.

We do our best to ensure that information on the Site is complete, accurate and current. Despite our efforts, however, information on the Site may occasionally be inaccurate, incomplete or out of date.

All specifications, products, descriptions and prices of products on the Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. However, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. We do not warrant the accuracy or completeness of the information, content or materials provided through the Site. 

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. We reserve the right to discontinue any product at any time.

It is possible that You may receive an item previously returned by another person. Nevertheless, intact items that have not been worn are only accepted after thorough check before being placed back in stock.

In any case, in the event of nonconformity of the product delivered compared to its description on the Website, You may either exercise your right of withdrawal, or implement the Owner's guarantee of conformity which will, where appropriate, result in an exchange or refund of the price (in whole or part) that has been invoiced.

Order

Acceptance of an order placed on the Website is subject to compliance with the procedure put in place by the Owner, expressed by a succession of different stages that the client shall follow in order to validate their order.

You may at any time change or remove the products added in your bag (the “Bag”). The Bag summarizes the products selected by the Client, as well as its price, VAT, shipping costs and other taxes. Client may modify the Bag at any time before validating the order.

Confirmation of the order by the client implies the acceptance of all provisions of Terms of Service. An email confirmation summarizing the order (products, prices, product availability, quantity etc.) will be sent to the client. For this purpose, the client formally accepts the use of email and/or phone communication for receiving confirmation of the contents of their order from the Website.

Order Refusal

The Owner reserves the right to remove at any time any product displayed on the Websites and/or to replace or modify any content or information related to any product. Despite the best efforts to satisfy client expectations, the Owner may be obliged to cancel an order even after having sent a confirmation by email. In such case, the order will be reimbursed.

We cannot be held liable to the client or a third party in case of the removal of a product from the Website, and in case of the replacement or modification of any content published on the Websites or refusal of an order after having confirmed it by email.

We reserve the right to refuse or cancel any Order placed by a client with whom there is currently a dispute concerning the payment of a previous order or an objective suspicion of fraud.

Prices and Terms of Payment

The price of our merchandise as mentioned on the Website is the Maximum Retail Price (MRP) for the said product. Such MRP shall be inclusive of all local taxes as are applicable in India. Additionally, We may charge delivery Charges which may include postal charges/shipment charges etc., subject to the order quantity.

The Owner reserves the right to modify the prices at any time but the products will be invoiced and paid on the basis of the rates in force at the time of placing the order, subject to availability. The products are payable on the day of the order.

We may employ third-party Online payment Gateway Services such as Razorpay, Instamojo, PayPal, Paytm and such other third party facilities, for Payments on the Website. The client expressly acknowledges that disclosure of their bank card number on the Website gives Us authorization to debit their account to the amount of the products ordered. 

While availing any of the payment method/s offered by us, We are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you including but not limited to the following: (a) lack of authorization for any transaction/s; (b) or exceeding the preset limit mutually agreed by You and between your “Bank /s”; (c) or any payment issues arising out of the transaction; (d) or decline of transaction for any other reason/s.

All payments made against the purchases /services on the Website by you shall be as against the MRP displayed on the website and shall be in terms and conditions of the third party Online Payment Gateway Services as adopted and applicable to your transaction as approved by Us. Before shipping your order to you, we may request you to provide supporting documents (including but not limited to Govt. Issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done so as to ensure a safe and full proof online shopping environment to our users.

Delivery

All orders placed on the Website are dispatched through trusted courier partners including the likes of Delhivery, DTDC, BlueDart, DHL, etc.

Delivery operates at the time of the transfer of the product’s physical possession to the client (the “Delivery”). The risk of loss or deterioration of the Product is transferred to the client at the time of the Delivery. Delivery prices applicable to the Order are those indicated on the Website at the time of the Order in the section “Delivery” or at checkout.

The delivery is made to the delivery address indicated by the client, being specified that it must be the address of the client’s residence, an individual of their choice or a legal entity (delivery to their company). Deliveries cannot be made either to hotels or P.O. boxes. Client must make sure that they have provided accurate and complete information concerning the delivery address (including in particular: house number number/name, building number/name, staircase, access codes, names and/or numbers for the intercom, etc.). In case of inability to deliver the products at the address indicated by the client, products will be returned to us, and you will be reimbursed. However, if you fail to take the delivery of the goods, We may at our discretion charge you for additional shipping cost.

We strive to ship orders within 12 business days at most, from the first business date after the confirmation of the Order. Nevertheless, the period may be extended up to 10 working days, especially after the launch of a new collection and during festive seasons, considering the significant increase of the orders volume. The Owner cannot be liable for late Delivery caused by a case of force majeure.

If the delivery time is exceeded and is not justified by a case of force majeure, the client may request the cancellation of the sale and within a maximum period of 15 days will receive a refund of the Order. We cannot be liable of any direct or indirect damage resulting from delay of delivery.

The above conditions are not eligible for backorder. During backorder, the Client agrees to receive the delivery on the date as specified on the website for the particular item. The client is not allowed to place a cancellation request for backorders. In the event of failed backorder(s) due to material shortage, a full refund will be provided.

Refunds and Returns

We shall make every effort to deliver defect free products to the Client. We do not take title to any returned items purchased by the user unless the item is received by us. Any item purchased on our Website does not qualify for any return unless the product delivered is damaged or has manufacturing defects. The defective and/or damaged goods so received should be communicated to us within 48 hours of its receipt. Any communication received after 48 hours of delivery shall not qualify for return unless expressly covered by the product warranty even in case the said product has been wrongly delivered.

The Owner holds the sole discretion to determine whether a refund can be issued. Further information can be found on the Return, exchange and cancellation page of the Website. Documents, details, descriptions and information related to the Products published on the Websites are not covered under any guarantee, express or implicit, except the guarantees provided by law.

Guarantees and Responsibility

The Owner makes no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horses, cancelbots, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer’s functionality or operation including transmission arising from your download of any content, software you use to download the content, the Websites or the server that makes it available. In this respect, the Client agrees that it is their responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines.

Subject to the first paragraph of this section, any content downloaded or otherwise obtained through the use of the Websites is done at Client’s own risk and the client will be solely responsible for any damage to their computer system or loss of data that results from the download of any such content.

We are only required to deliver products which are compliant with the contractual provision. Products are considered as compliant if the following conditions fulfilled :

(i) they shall be compliant with the description and have the features mentioned on the Website;

(ii) they shall be compliance with the uses which may reasonably be expected of it;

(iii) they shall compliant with the quality and strength which may reasonably be expected of similar products. 

Links to Third Party Site

The Site may include links to other websites maintained by third parties. These links are provided to you solely as a convenience, and the inclusion of these links to third party websites does not imply endorsement by us of the content or materials on these websites.  Your access to these third party websites is at your own risk and we will have no liability arising out of or related to such websites or your access to or use of such websites.

User Comments

From time to time, we may allow users to post comments, suggestions, ideas, materials and other submissions ("User Comments") on the Site. These User Comments are provided on a non-confidential basis and, by submitting User Comments, you are granting us an irrevocable and unrestricted license to fully exploit such User Comments. You agree that no User Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no User Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any User Comments you make.

We have the royalty-free, perpetual, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. The user also permits any other end-user to access, view, and store or reproduce the material for that end user’s personal use. 

User hereby grants the Website the right to edit, copy, publish and distribute any material made available on the Site by the User. The foregoing provisions of Section 25 apply equally to and are for the benefit of the Owner, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. 

Although User Comments may be posted on the Site, the posting of those submissions does not constitute our endorsement of such User Comments. We are not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death made in connection with User Comments. We reserve the right to remove any User Comments that we deem to be in violation of the above.

Electronic Communications

When you use any of our Services or send e-mails to us, you are communicating with us electronically. You by using our services you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through other services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The legal requirements would be in conformity with the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

Intellectual Property Rights

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, the Owner owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website without obtaining authorization from it.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

The Service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall the Owner, our employees, officers, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Indemnification

You agree to indemnify, defend and hold harmless the Owner and subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India. In the event that there is any dispute, parties will first seek to resolve it amicably through negotiations, failing which, the matter shall be referred to an arbitrator appointed at the sole discretion of the Owner.