Terms & Conditions
INTRODUCTION AND ACCEPTANCE OF THE TERMS AND CONDITIONS
Welcome to The Kupe. Creative Folds Private Limited, having registered address at Bangalore, 560041 (hereinafter referred to as ‘Kupe or ‘We’ or ‘Us’ or ‘Our’ or ‘the Company’ or ‘Website’) provides its services to you subject to the following conditions.
If you visit or shop within this website, you accept these conditions. Please read them carefully.
The general Terms and Conditions of Sale detailed below govern the contractual relationship between the ‘User’ (hereinafter referred to as ‘You’ or ‘Your’ or ‘the User’ or ‘the Customer’) and Kupe. Both parties accept these Conditions unreservedly. These General Conditions of Sale are the only conditions that are applicable and replace all other conditions, except in the case of express written, prior dispensation. We maintain that, by confirming your order, you have read and do unreservedly accept our general Conditions of Sale. These Terms and Conditions of Sale are important to you and Kupe as they are used to protect your rights as a valued customer and our rights as a business.
ELECTRONIC COMMUNICATIONS
When you visit the website or send e-mails to us, you are communicating with us electronically under the provisions of the Information Technology Act, 2000. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.
LICENSE TO ACCESS THE WEBSITE
Kupe grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Kupe. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of any third party: or any use of data mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Kupe. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kupe and our associates without express written consent of Kupe. You may not use any meta tags or any other "hidden text" utilizing Kupe’s name or trademarks without the express written consent of Kupe.
ACCESS TO THE WEBSITE
We work hard to ensure the Website is always up and available, but we can't guarantee that the Website will not have downtime for any reason. We reserve the right to close the Website for short periods of time for general maintenance but will attempt to keep this to a minimum. We will not be liable if for any reason all or any part of the Website is unavailable at any time, for any length of time.
It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. We reserve the right to disable any user account in our sole discretion, at any time for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms of Service.
We do not guarantee that the Website or any content provided on the Website is error-free.
We manage your visit to our website and also your personal data according to our Privacy Policy. Therefore, you are requested to review our Privacy policy.
YOUR MEMBERSHIP ACCOUNT
If you use this 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. If you are under 18, you shall not use our website except with the involvement and through an account of a parent or guardian. Kupe and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
Kupe reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant us and our associates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sub-licensees the right to use the name that you submit in connection with such content if we choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Kupe or its associates for all claims resulting from content you supply. Kupe has the right but not the obligation to monitor and edit or remove any activity or content. Kupe takes no responsibility and assumes no liability for any content posted by you or any third party.
PRODUCT INFORMATION
Kupe takes great care when putting product information, descriptions and images online. However, Kupe does not warrant those product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. Therefore Kupe will not be held responsible for any mistakes or omissions to any information given. If a product offered by Kupe itself is not as described, your sole remedy is to return it in unused condition
PRICES
The prices indicated on Kupe’s website are shown in Indian Rupees and may or may not include delivery. The delivery costs are clearly shown and invoiced at the end of the order in addition to the price of the products, if it applies over and above. We reserve the right to modify our prices at any moment but this will be indicated to you on the order at the time the order is placed. If an obviously incorrect price appears on our website and is not corrected on your total at the time of order completion, for whatever reason (human error, technical error etc.), your order will be cancelled and the payment refunded to you, even if it has been initially validated.
AVAILABILITY
We will always endeavour to fulfil your order once completed and paid for. If a product should become unavailable after your order has been confirmed and paid for, we will refund the price you paid for the product within 30 days following the date of payment. If your order includes products that are temporarily unavailable, we will send the available products out first and will follow with the outstanding items once they are available again. If relevant, we will offer you a replacement for an unavailable product, a product of equal price and quality. If you accept the replacement and then wish to return it to us in the conditions outlined under Returns & Exchange, the return postage will be covered by us. If you choose to decline this offer, and the original product is permanently unavailable, we will reimburse the price of the unavailable product.
SECURE PAYMENT
Kupe currently offers one payment gateway to pay for your order. These payment options use advanced software encryption to keep your transaction secure and do not cost you anything to use (the Company is charged as the seller, you are not charged as the buyer) so you will not pay any extra for your order. You do not need to hold an account with these Merchants to use these methods of payments.
DELIVERY
Your order will be delivered to the address and pin code you indicated when your order was placed.
Kupe does everything in its power to respect the delivery times indicated on the website. We cannot, however, be held responsible for the consequences of a late delivery or the loss of a package caused by a third-party contracted to make delivery, or by you, or because of some unforeseen event beyond our control, strikes, riots, unrest or an Act of God. In the event where you do not receive your package, an investigation will be conducted with the carrier and may take several days upon receipt of your claim. During this period of investigation, no reimbursement or re-delivery will take place. Delivery is made to your room of choice.
DAMAGED GOODS OR SHORT DELIVERY
You may write to contact@thekupe.in . All damage reports are to be made within 7 days of receiving the product after which we will not be in a position to entertain any claims there off.
DEFERRED DELIVERY or AMENDMENT IN DELIVERY TIME
Once you have made your delivery booking you can make changes 24 hours before the delivery at no extra charge. For example, if you have made a delivery booking for 10th July 1200 hrs, then any deferment request has to come on or by 9th July 1200 hrs.
In case our delivery partner attempts to perform a delivery as per your booked time slot and day, and your premises are found locked or you are unavailable, a second attempt will be made free of charge the same or the next day. The timing of the delivery will be intimated to you by our delivery partner. If you are still unavailable for a period over 24 hours after the delivery period expiry, the delivery will be treated as cancelled and a fresh delivery request will have to be initiated by you on payment of our delivery charges.
RISK OF LOSS
All items purchased from KUPE are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
You are therefore requested to check the product at the time of accepting the delivery and notify Kupe in case you notice any defect/damage in the products. Once the delivery is accepted by you, Kupe shall not be obligated to entertain any claim from you with respect to the damaged delivery of the products.
FOR REIMBURSEMENTS
In case the refund is approved by KUPE in respect of any transaction, the User will be reimbursed via the same payment method as was used initially by the Buyer.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY KUPE ON AN "AS IS" AND "AS AVAILABLE" BASIS. KUPE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KUPE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KUPE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM KUPE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KUPE WILL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
PRIVACY AND PROTECTION OF PERSONAL DATA
Please review our Privacy Policy, which also governs your visit to our website, to understand our practices.
Also, please note that the details you give us are essential for the processing and delivering your orders, for billing and for the establishment of warranty contracts, therefore failure to provide these details will result in the cancellation of your order. By registering on the Site, you agree to provide us with sincere and true information as it concerns you. Communicating false information is contrary to the present General Terms and Conditions.
APPLICABLE LAW
By visiting the KUPE website, you agree that the laws of India, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Kupe.
JURISDICTIONAL ISSUES/SALE IN INDIA ONLY
Unless otherwise specified, the material on the Website is presented solely for selling the KUPE Products in India.
Kupe makes no representation that materials on the Website are appropriate or available for use in locations/Countries other than the above-mentioned. Those who choose to access this site from other locations/Countries other than the above cities do so on their own initiative and KUPE is not responsible for the supply of products/refund for the products ordered from other locations/Countries other than the above-mentioned cities, compliance with local laws, if and to the extent local laws are applicable.
You also agree that the courts of Bengaluru, Karnataka, India, shall have exclusive jurisdiction with respect to all disputes, which may arise between Kupe and you.
OWNERSHIP OF INTELLECTUAL PROPERTY
All the content on the website of Kupe (illustrations, texts, names, brand names, images, and videos) is the sole property of Kupe. Any partial or total reproduction of this content, by any means and on any support, is subject to prior and express authorization by Kupe. All information, content, and files are protected by International law concerning intellectual ownership and copyright. Kupe cannot give you the right to copy, display or distribute content that you do not have the intellectual rights to. All fraudulent use of this content that violates the rights held by a third party constitutes an offence of forgery, which is severely punished under the Intellectual Property Code.
Kupe will not, under any circumstances, be held responsible if a user violates rights held by a third party through his activities on the site.
WEBSITE POLICIES & MODIFICATION THERETO
Kupe Website is a work in progress, and as such things may change, be added or be taken away. We reserve the right to update the Website, these Terms of Service and our other policies, posted on this site, from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms and Conditions by checking back regularly. Your continued use of the Website following the publishing of updated Terms of Service will be taken to mean that you have read and agreed to the changes.
WAIVER AND SEVERABILITY
Any failure, on the part of the Company, to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company, and governs your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service).
If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue to be in full force and effect.