Term Of Conditions

LAST REVISION: [27/11/2023]

This document is an electronic record as per the Information Technology Act, 2000 (“IT Act”) and the rules issued under it, along with provisions related to electronic records in various statutes as amended by the IT Act. This record is published in compliance with applicable laws, including the Consumer Protection (E-Commerce) Rules, 2020, which mandate the publication of rules, regulations, privacy policy, and terms and conditions for accessing or using the website. This electronic record is automatically generated by a computer system and does not require any physical or digital signatures.

PLEASE READ THESE TERMS AND CONDITIONS (“T&C”) CAREFULLY. By accessing, browsing, or using www.purpcosmetics.com , or any related websites, mobile versions of the website, or mobile applications (collectively, “Website”), or by purchasing any products from Honasa Consumer Limited (the “Company,” “we,” or “us”), you, including individuals browsing or placing orders, agree to be bound by these T&C.

Only individuals who can enter into legally binding contracts under the Indian Contract Act, 1872, are permitted to use the Website and/or make transactions. Minors wishing to use or access the Website must do so through their legal guardian or parent. If you are representing a company, partnership, or sole proprietorship, you may only access and transact on the Website on behalf of such entity if you have been duly authorized by the necessary corporate action as required by law or the entity’s charter documents.

The Company reserves the right to modify or update these T&C at any time by posting the revised T&C on the Website, with or without prior notice. The updated T&C will be effective immediately upon being uploaded. By continuing to access or use the Website following any such changes, you accept the amended T&C and agree to be bound by them. The T&C applicable to your order will be the version in effect at the time of your order. We encourage you to review these T&C each time you visit the Website. These T&C do not alter any other written agreement you may have with the Company for other products or services. If you do not agree with these T&C (including any linked policies or guidelines), please stop using the Website immediately. To print this T&C, press CTRL + P.

You may only access and use the Website for lawful purposes. You are fully responsible for ensuring your compliance with all applicable laws, rules, and regulations governing your use of the Website.

The Company reserves the right to block or permanently disable any user account if we believe, at our sole discretion, that the user’s actions have violated our fair usage policy or T&C.

1.  PRODUCTS

Terms of Offer: The Website offers certain products for sale (“Products”). These Products may include trial products and products offered free of charge. By placing an order for Products through the Website, you agree to the terms and conditions outlined in this T&C. The Products listed on the Website, as well as any samples provided, are intended for personal use only. You may not sell or resell any Products or samples you receive from us unless otherwise agreed upon. We reserve the right, with or without notice, to cancel or reduce the quantity of any Products provided to you if we believe, in our sole discretion, that doing so may violate our T&C.

The Company has the right to change, suspend, or discontinue the availability of any Products at any time, without prior notice or liability. You acknowledge that the price of any Product or service may change without notice or liability.

While we strive to ensure that the descriptions of our Products on the Website are as accurate as possible, we do not warrant that Product descriptions, colors, information, or other content on the Website are accurate, complete, reliable, current, or error-free. The Website may contain typographical errors or inaccuracies and may not be fully updated. These errors may include inaccuracies in pricing, availability, and Product details. Please note that Product images are for illustrative purposes only and may not reflect the actual Product.

Customer Solicitation: By accessing the Website, placing an order, or sending any information, you are communicating with the Company electronically. You agree to receive communications from the Company, which may include transactional, promotional, and/or commercial messages, periodically and as necessary. We may communicate with you via email, SMS, phone call, or by posting notices on the Website, or through any other mode of communication.

At any time, you have the right to withdraw your consent to receive such communications by following the opt-out procedure below.

Opt-Out Procedure: You can easily opt out of future communications from the Company in the following ways:

1. Use the opt-out link found in any email solicitation you may receive.
2. Send an email to [insert email address].
3. Send a written removal request to [Company Address].

Proprietary Rights: All brand names owned and licensed by the Company are the exclusive property of the Company, its affiliates, partners, or licensors, and are protected by Indian intellectual property laws. The Company holds proprietary rights and trade secrets in the Products. You shall not copy, reproduce, modify, duplicate, re-publish, re-sell, or redistribute any Products manufactured and/or distributed by the Company in whole or in part, or in any other form whatsoever. The Company also holds rights to all trademarks, trade dress, and specific layouts of this Website, including, but not limited to, calls to action, text placement, images, technology, content, software, and other materials that appear on the Website. The access to the Website does not grant you any rights to use these trademarks or materials in any manner. The trademarks displayed on the Website, whether registered or unregistered, are the intellectual property of the Company.

Tax: If you purchase any Products, you are responsible for paying any applicable taxes related to such purchases.

2.  WEBSITE

Account Creation and Responsibility: You may create and maintain only one user account (“Account”) with our website. You are responsible for safeguarding the confidentiality of your account, password, and any other access information. You agree to assume full responsibility for all activities under your Account. You also acknowledge that the information you provide, in any form, is not confidential or proprietary and does not violate any third-party rights. Accounts are non-transferable and cannot be shared, sold, or otherwise traded with anyone else.

If you are using the Website on behalf of someone else, you confirm that you have the authority to bind that person to these terms and conditions. Should that person refuse to accept responsibility, you agree to take full liability for any harm or unauthorized use of the Website.

If you suspect any breach in your account’s security, contact us immediately using the ‘Contact Information’ below. In the event of a suspected breach, we may require you to change your password or temporarily suspend/block your account without liability.

We reserve the right to refuse service or terminate accounts without notice if we find any violations of these terms or if we believe it is in the company’s best interests. You are responsible for all content you upload, post, or otherwise transmit through the Website. All information provided will be handled according to our Privacy Policy.

Content, Intellectual Property, and Third-Party Links: In addition to providing products, our Website offers marketing materials and information, including content sourced from third parties about various products. The Company does not endorse this third-party content and disclaims any liability related to it. Any content we create on the Website is protected by intellectual property laws, and unauthorized use of such content may violate copyright or trademark laws. You agree to use the content for personal, non-commercial purposes only.

We respect intellectual property rights. If you believe your work has been copied in violation of copyright laws, please contact us at [your email address].

Links to third-party websites are provided for your convenience. We do not endorse or assume responsibility for the content or actions of these third-party sites. Always review their terms of service and privacy policies before engaging with these sites.

Use of Website: You agree not to use the Website for any unlawful activities. You will not:

• Violate any local, state, national, or international laws
• Disrupt the functionality or enjoyment of the Website for others
• Resell or redistribute Website material
• Send unsolicited communications (spam), chain letters, or engage in other unsolicited marketing
• Defame, harass, abuse, or disrupt other users
• Post harmful, abusive, obscene, or illegal content

License: By using our Website, you are granted a limited, non-exclusive, non-transferable license to use the content for personal, non-commercial purposes. Any unauthorized reproduction, transmission, or distribution of this content without permission from the Company is prohibited.

User-Generated Content: By submitting or posting content on the Website, you grant the Company a perpetual, worldwide, non-exclusive, royalty-free license to use, display, copy, distribute, and create derivative works of such content. You are solely responsible for any content you post. We are not liable for any damage resulting from user-generated content. We may, at our discretion, monitor and remove objectionable content, but we are not obligated to do so.

Site Security: You must not attempt to violate the Website’s security, including unauthorized access to data or interference with other users’ access. Violating system security can result in civil or criminal penalties.

Payment Methods: Payments for products can be made via Credit/Debit Cards, Net Banking, UPI, PayPal, Wallets, QR codes, or reward points. We also accept Cash on Delivery.

Chat Facility: Our chat facility is available to assist with any Website-related queries. This service is subject to the following conditions:

• The Company may suspend the chat service at any time.
• The Company is not responsible for delays in responding to queries.
• Communications via chat may be stored by the Company for future reference, but users will not have the right to access these communications.

Pricing and Availability: Prices and availability are subject to change without prior notice. All prices include GST but exclude delivery charges, which are applicable for orders under INR 599. Orders above INR 599 will not incur any delivery charges. Prices and offers may vary across different platforms.

Delivery: Delivery is typically completed within 5-7 business days. If a delay occurs, you will be notified, and you have the option to cancel your order or wait for the product. Orders may be delivered in multiple shipments, and we are not liable for any damage or loss due to delayed or canceled orders.

Tracking Facility: You will receive tracking details upon dispatch of your order. You can track your order after 24 hours via the “Your Orders” section of your account page.

DISCLAIMER OF WARRANTIES

Your use of the Website and/or Products is at your sole risk. The Website and the Products are offered on an “as is” and “as available” basis. PurpCosmetics expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the Products or Website content, or any reliance upon or use of the Website content or Products.

Without limiting the generality of the foregoing, PurpCosmetics makes no warranty:

• That the information provided on this Website is accurate, reliable, complete, or timely;
• That the links to third-party websites lead to information that is accurate, reliable, complete, or timely;
• No advice or information, whether oral or written, obtained by you from this Website will create any warranty not expressly stated herein;
• As to the results that may be obtained from the use of the Products or that defects in the Products will be corrected;
• Regarding any Products purchased or obtained through the Website.

The inclusion of any Products or offers on the Website at a particular time does not imply or warrant that the Products or offers will be available at any time.

PurpCosmetics shall have the right, at any time, to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability, and equipment needed for access or use. Further, the Website may discontinue disseminating any portion of information or category of information. PurpCosmetics does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Website.

LIMITATION OF LIABILITY

PurpCosmetics takes no liability or exclusive remedy, in law, in equity, or otherwise, with respect to the Website content and Products and/or for any breach of this T&C. PurpCosmetics will not be liable for any direct, indirect, incidental, special, or consequential damages or loss in connection with this T&C or the Products in any manner, including liabilities resulting from:

(a) the use or the inability to use the Website content or Products or allied services;
(b) the cost of procuring substitute Products or content;
(c) any Products purchased or obtained or transactions entered into through the Website;
(d) any lost profits you allege, even if we have been advised of the possibility of such damages.

PurpCosmetics will not be responsible or liable (whether in contract, tort, or otherwise) under any circumstances for:

(a) interruption of business;
(b) access delays or access interruptions to the Website;
(c) data non-delivery, loss, theft, mis-delivery, corruption, destruction, or other modification;
(d) loss or damages of any sort incurred as a result of dealings with or the presence of third-party website links on the Website;
(e) viruses, system failures, or malfunctions which may occur in connection with your use of the Website;
(f) any inaccuracies or omissions in content;
(g) events beyond the reasonable control of PurpCosmetics.

This disclaimer constitutes an essential part of this T&C.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

INDEMNIFICATION

You will release, indemnify, defend, and hold harmless PurpCosmetics, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates, and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorney’s fees and expenses, of third parties relating to or arising out of:

(a) this T&C or the breach of your warranties, representations, and obligations under this T&C;
(b) the Website content or your use of the Website content;
(c) the Products or your use of the Products (including trial products);
(d) any intellectual property or other proprietary right of any person or entity;
(e) your violation of any provision of this T&C; or
(f) any information or data you supplied to PurpCosmetics.

PurpCosmetics will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of PurpCosmetics’ choice at its expense. You will have sole responsibility to defend PurpCosmetics against any claim, but you must receive PurpCosmetics’ prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this T&C or your use of the Website or the Products.

PRIVACY

PurpCosmetics believes strongly in protecting user privacy and providing You with notice of the Company’s use of data. Please refer to the PurpCosmetics privacy policy, incorporated by reference herein, that is uploaded on the Website.

GENERAL

Force Majeure: PurpCosmetics will not be deemed in default hereunder or held responsible for any cessation, interruption, or delay in the performance of its obligations hereunder due to earthquake, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott, any acts of nature, labor disputes, floods, lightning, severe weather, shortages of materials, rationing, pandemic or epidemic, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Website, utility or communication failures, revolution, civil commotion, acts of public enemies, blockade, embargo, or any law, order, proclamation, regulation, ordinance, demand, or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause beyond our reasonable control. Further, if a Force Majeure event takes place that affects the performance of our obligations under these T&C, our obligations shall be suspended for the duration of the Force Majeure event.

Cessation of Operation: PurpCosmetics may, at any time, in its sole discretion and without advance notice to You, cease operation of the Website and distribution of the Products.

Entire Agreement: This T&C comprises the entire agreement between you and PurpCosmetics and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver: The failure of PurpCosmetics to exercise or enforce any right or provision of this T&C will not constitute a waiver of such right or provision. If any provision of this T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and the other provisions of this T&C remain in full force and effect.

Governing Law and Jurisdiction: This T&C shall be construed in accordance with the applicable laws of India and will be governed by the laws of the state of Delhi without regard to its conflict of law principles to the contrary. Neither you nor PurpCosmetics will commence or prosecute any suit, proceeding, or claim to enforce the provisions of this T&C, to recover damages for breach of or default of this T&C, or otherwise arising under or by reason of this T&C, other than in courts located in the State of Delhi. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of this T&C.

Waiver of Class Action Rights: By accepting the T&C, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or in connection with this T&C must be asserted individually.

Termination: PurpCosmetics reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms of this T&C. Following termination, you will not be permitted to use the Website, and PurpCosmetics may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, PurpCosmetics reserves the right to exercise whatever means it deems necessary to prevent the unauthorized access of the Website. This T&C will survive indefinitely unless and until PurpCosmetics chooses, in its sole discretion and without advance notice to You, to terminate it.

Domestic Use: PurpCosmetics makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

Assignment: You may not assign your rights and obligations under this T&C to anyone. PurpCosmetics may assign its rights and obligations under this T&C in its sole discretion and without advance notice to you.

By using this Website or ordering Products from this Website, you agree to be bound by this T&C.

Survival: If any provision or provisions of these T&C shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.

Contact Us: For any questions or comments (including inquiries unrelated to copyright infringement) regarding the Products or the Website, please contact us.

JITSON Consumer
384/B/2 SAIJPUR BOGHA SHAKTI CHOWK FADELI NARODA ROAD AHMEDABAD – 382345
Email: Customer@purpcosmetics.com | info@purpcosmetics.com