a) This document is an electronic record in terms of 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. This electronic record is generated by a computer system and does not require any physical or digital signatures.
c) The domain name www.phenakindia.com (“Website”), including its online services, such as use of software on Website and information, articles , news, blogs and text, graphics, images and information obtained from service providers and any other material contained on the Website (“Materials”) is owned and operated by PHENAK ENTERPRISES (“Firm”) a Firm, having its registered office at: J 1967, Ground floor, flat no. 1 C R Park, New Delhi – 110019, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
i) The term ‘You’ or “User” shall mean any legal person or entity accessing using this Website to services provided or registered on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
ii) The terms ‘We’, ‘Us’ &‘Our’ shall mean the Website and/or the Firm, as the context so requires.
iii) The terms ‘Party’& ‘Parties’ shall respectively be used to refer to the User and the Firm individually and collectively, as the context so requires.
e) The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
g) The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Firm, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting the any part of the Website constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
h) The Firm reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments / modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website.
2. OUR SERVICES
Phenak India is a brand established in 2017, manufactures the hand-made Bath and Body products. Firm also deals in a Handmade and free from harmful cosmetics like Face mask, Soaps, Scrubs, Lip balms etc. freshly made. User of all Genders and Age group of 20 years and above can use the products of Phenak India. The website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time.
The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:
a) The User continues to access and use the Website; or
b) The Transaction between the Parties, if any, concludes to the satisfaction of both Parties;
c) You agree and acknowledge that Phenak India is a Manufacturer itself. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on Phenak India; whichever is longer. The Parties agree that certain portions of these Terms (“Sections”), such as Sections 13, 14, 16 & 18 shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms as contemplated herein.
The Firm reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the products and services offered on the Website, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Section 3 hereinabove.
6. FACILITIES TO BE RENDERED BY THE WEBSITE
i. To provide a log in id and password to enable registered User to create, update, and make any changes in its Profile Page as required.
ii. By using this Website, and providing his/her contact information to the Firm through the Website, the User hereby agrees and consents to receiving calls, auto dialled and/or pre-recorded message calls, e-mails and SMSs from the Firm and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the User wishes to stop receiving any such marketing or promotional calls / email messages / text messages, the User may send an e-mail to the effect to [mention Email id] with the subject [mention Email subject]. The User agrees and acknowledges that it may take up to seven (7) business days for the Firm to give effect to such a request by the User.
The User expressly agrees that notwithstanding anything contained hereinabove, he/she may be contacted by the Firm or any of its affiliates / partners relating to any service availed of by the User on the Website or anything pursuant thereto.
It is expressly agreed to by the Parties that any information shared by the User with the Firm shall be governed by the Policy.
7. CHARGES & PAYMENT
a) Payments for the Services/Goods offered by Phenak India shall be made through Net Banking/ Debit or Credit Card, Payment Wallet or Cash on Delivery.
b) Phenak India offer no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users card/bank accounts.
c) Product sold on Phenak India is inclusive of GST.
d) Phenak India has a right to hold or reclaim the Payment in cases of abuse, fraud or violation of agreement.
However, the Firm reserves the right to amend this fee policy for any or all services offered or sold. In such an event, the User will be intimated of the same when he/she attempts to access the Website, and the User shall have the option of declining to avail of the services offered on the Website. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.
8. TERMS, CONDITIONS AND DUTIES OF THE USER
a. It is the duty of User to provide true/accurate / complete information about its Home, shop/store, locality, and all the details relating thereof.
b. The User agrees to comply with all notices or instructions given by Phenak India from time to time to enable the use of the Services.
c. User shall be responsible before placing any order to check the product, quantity, quality, prices so Phenak India can deliver the right product.
d. User can start tracking his order as soon as it has been shipped out. All you need to do is click on the link in the email sent to User after the order is placed and track the journey of your item in real time.
Alternatively, User can also login to Phenak India and visit the ‘My Account’ section to know your order status.
e. The User understands and agrees that User is responsible for all applicable taxes and for all costs that are incurred in using the websites services.
f. The User shall promptly make the payment to Phenak India towards the goods purchased as and when it becomes payable.
g. User shall indemnify and hold the Firm, harmless for any loss or damage arising out of User’s to comply with any applicable laws or regulations and for breach of the following warranties and representations.
h. The User shall at all times during the pendency of this agreement endeavour to protect and promote the interest of the Firm and ensure that there will be no damage to third party (client/customer) due to act/ omission on the part of the User.
i. User is bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. Any such use / limited use of the Website will only be allowed with the prior express written permission of the Firm. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information contained on the Website is expressly prohibited.
j. The client will be responsible for maintaining the confidentiality of the account and password for restricting access to your computer to prevent unauthorised access to the account.
k. The client shall be responsible for all activities that occur under client’s account.
l. The client agrees and acknowledges that he/she will use their account on the website to purchase only for their personal use.
a. Further undertakes not to:
i. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
ii. Engage in any activity that interferes with or disrupts access to the Website or the goods provided therein (or the servers and networks which are connected to the Website);
iii. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
iv. Publish, post, disseminate, any information which 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 under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
v. Post any image/file/data that infringes the copyright, patent or trademark of another person or legal entity;
vi. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
vii. Download any file posted/uploaded by another User of the Website that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
viii. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Website, or any other customer of the Website, including any User account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;
ix. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked websites;
x. Collect or store data about other Users of the Website.
xi. Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party(ies);
xii. Violate any code of conduct or guideline which may be applicable for or to any particular product or service offered on the Website;
xiii. Violate any applicable laws, rules or regulations currently in force within or outside India;
xiv. Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;
xv. Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
xvi. Publish, post, or disseminate information that is false, inaccurate or misleading;
xvii. Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
xviii. Commit any act that causes the Firm to lose (in whole or in part) the services of its internet service provider (“ISP”) or in any manner disrupts the services of any other supplier/service provider of the Firm/Website;
xix. Engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services not currently displayed on the Website. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other Users via the Website. It shall be a violation of these Terms to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another User of the Website without the express prior written consent of the Firm.
The User hereby expressly authorises the Firm/Website to disclose any and all information relating to the User in the possession of the Firm/Website to law enforcement or other government officials, as the Firm may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft / infringement of intellectual property. The User further understands that the Firm/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial order, law, regulation or valid governmental request.
The User expressly agrees and acknowledges that the Firm/Website has no obligation to monitor the materials posted on the Website, but that it has the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, the User remains solely responsible for the content of the materials posted on the Website by him/her. In no event shall the Firm/Website assume or be deemed to have any responsibility or liability for any content posted, or for any claims, damages or losses resulting from use of any such content and/or the appearance of any content on the Website. The User hereby represents and warrants that he/she has all necessary rights in and to all content provided as well as all information contained therein, and that such content does not infringe any proprietary or other rights of any third party (ies), nor does it contain any libellous, tortuous, or otherwise unlawful or offensive material, and the User hereby accepts full responsibility for any consequences that may arise due to the publishing of any such material on the Website.
9. TERMS, CONDITIONS AND DUTIES OF FIRM
a) The Firm shall list item(s), products or goods for sale on the Website in accordance with the policies.
b) The Firm shall be legally authorised to sell the item(s) listed for sale on Website and have all the necessary licences and permits required for such sale.
c) To arrange and keep all listed products available in stock for successful fulfilment of sales. In case of non-availability of any product
d) To ensure the best experience, Phenak India ideally ship all products of an order together. However, there might be instances where some products might be ready to get shipped earlier than other products. To make sure that User don’t wait even a minute longer, Phenak India might ship some products out first and ship the remaining in a separate shipment. Phenak India will notify User each time a shipment is dispatched or it out for delivery; so that User can track it till it knock on User’s door.
e) Duty of firm not to mislead the description of the item and describe actual condition of the product.
f) The Firm shall handle shipping of products on behalf of the Users through its logistics partner who will pick the product from User and deliver it to the customer.
10. RETURN, CANCELLATION AND REFUND POLICY
User can return or replace their product within 07 days from the date of delivery. Return will be initiated within 3 working days. Damaged or torn product will not be accepted. Product should be sealed / unused. Return will be accepted if delivered in Damaged Condition. Any fraud claim or doubtful return will not be accepted.
User can complaint about sellers or any issue related products to our customer support or email firstname.lastname@example.org.
As soon as User’s order gets cancelled, Phenak India will initiate a refund, which can take 15 business days to reflect in User’s account.
11. SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available to it, the Firm may in its sole discretion limit the User’s access and/ or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend / terminate the User’s membership, and/or refuse to provide User with access to the Website, without being required to provide the User with notice or cause:
a) If the User is in breach any of these Terms or the Policy;
b) If the User has provided wrong, inaccurate, incomplete or incorrect information;
c) If the User’s actions may cause any harm, damage or loss to the other Users or to the Website/Firm, at the sole discretion of the Firm.
d) If User’ action copying or duplicating in any manner any of content or other information available from the Website.
12. INDEMNITY AND LIMITATIONS
The User hereby expressly agrees to defend, indemnify and hold harmless the Website and the Firm, its directors, affiliate Users, employees, officers, agents and their successors and assigns 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 the User’s actions or inactions, including but not limited to any warranties, representations or undertakings, or in relation to the non-fulfilment of any of the User’s obligations under this Agreement, or arising out of the User’s infringement of any applicable laws, rules and regulations, including but not limited to infringement of 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, or the infringement of any other rights of a third party.
In no event shall the Firm/Website be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Firm/Website had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website and/or the products, services or materials contained therein.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Firm/Website incurring any form of liability whatsoever, these Terms and the Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
13. INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, images, and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and other distinctive brand features of the Website are the property of the Firm. Furthermore, with respect to the Website created by the Firm, the Firm shall be the exclusive owner of all the designs, graphics and the like, related to the Website.
The User may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective Users of the Website, or that in any manner disparages or discredits the Firm/Website, to be determined in the sole discretion of the Firm.
The User is aware that the products displayed on the Website are the artistic creations of their respective owners, and that all intellectual property, including but not limited to copyrights, relating to said products resides with the said owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Website/Firm, or to the User. The User is aware that the Firm manufactures the aforementioned products listed for sale to the Users of the Website, and the Firm/Website owns the intellectual property relating to the products displayed on the Website.
The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced / infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
14.DISLAIMER OF WARRANTIES AND LIABILITIES
a) Except as otherwise expressly stated on the Website, all products/services offered on the Website are offered on an “as is” basis without any warranty whatsoever, either express or implied.
b) Information accessed through Phenak India website and other touch points is presented in summary form and is not exhaustive. Phenak India makes no warranties or representations as to its accuracy or completeness. This information is provided “as is” without warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for particular purpose, or non-infringement.
c) The information accessible from Phenak India web site and other communication contains forward-looking statements that involve risks and uncertainties, including statements with respect to the potential benefits of a healthcare plan or medical procedure, and successful treatment of a medical condition of the patient. Actual results may differ materially from those indicated by such forward-looking statements.
d) The Firm/Website does not guarantee that the functions and services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website.
e) It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Any comments, ideas, suggestions, initiation, or any other content contributed by the User to the Firm or this Website will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Firm to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the User hereby waives any claim to the contrary. The User hereby represents and warrants that he/she owns or otherwise controls all of the rights to the content contributed to the Website, and that use of such content by the Firm/Website does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Firm/Website by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Firm/Website, for its use of any such information provided to it by the User. The Firm reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.
16. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes/claim/refund/compensation arising here from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
a) Mediation: In case of any dispute/claim/refund/compensation between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;
b) Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration under Arbitration and Conciliation Act, 1996 by a sole arbitrator to be appointed by the Firm, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The seat of Arbitration shall be in the state of India.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Delhi shall have exclusive jurisdiction over any disputes arising between the Parties.
Any or all kind of communication relating to any dispute or grievance experienced by the User may be communicated to the Firm by the User reducing the same to writing, and sending the same to the registered office of the Firm by Registered Post Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD).
18. MISCELLANEOUS PROVISIONS
a) Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User and the Firm with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto;
b) Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party’s right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
c) Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
The use of this website by the User including prospective registered Users including Buyer and Seller, is solely governed by this policy and any policy so mentioned by terms of reference. Moving past home page, or using any of the services shall be taken to mean that User have read and agreed to all of the agreements or policies so binding upon User and that User are contracting with the Phenak India and have undertaken binding obligations with the Phenak India.
We hold the sole right to modify these Agreements without prior permission from User or informing User. The relationship creates on User a duty to periodically check the terms and stay updated on its requirements. If User continues to use the website following such a change, this is deemed as consent by User to the so amended Agreement. As long as User complies with these Agreements, we grant User a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
In case User finds any information objectionable or beyond scope of such purpose, please feel free to contact Grievance Redressed officer at Mr. Sumant Yagnik or E-mail at email@example.com. If you are not satisfied with resolution of your query/complaint, you have the option to discontinue use of the Website or cancel your account with Phenak India.