Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ('Terms').
By subscribing to or using any of our services, you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms and Conditions, you must not subscribe to or use any of our services.
These Terms and Conditions constitute a legally binding contract between the customer ('YOU') and Nekks Industries Pvt Ltd ('VAPH') and apply to the ordering, purchasing, fulfillment and delivery of goods from the domain name www.vaph.in ('Website')
www.vaph.in ('Website') is an Internet-based content and e-commerce portal operated by Nekks Industries Pvt. Ltd., a company incorporated under the laws of India.
Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. Any revisions to the said Terms and Conditions will be updated on this page and you agree to be bound by such revisions.www.vaph.in at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
Communications by us:
As a condition of creating an account with VAPH, you consent to us sending you Administrative Emails and Promotional Emails.
- a) 'Administrative Emails' involve details of account activity and purchases you have made.
- b) 'Promotional Emails' consist of product information, new offers and information about VAPH. You may choose to opt-out of receiving Promotional Emails anytime by simply clicking the unsubscribe button at the bottom of our emails and following the instructions.
User Account, Password, and Security:
You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:
(a) Immediately notify vaph.in of any unauthorised use of your password or account or any other breach of security
(b) Ensure that you exit from your account at the end of each session.
vaph.in cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
VAPH provides a number of Internet-based services through the Web Site (all such services, collectively, the 'Service'). One such service enables users to purchase original and exclusive branded footwear (collectively, 'Products'). Upon placing an order, VAPH shall ship the product to you and be entitled to its payment for the Services.
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that VAPH's name is stated as the source and prior written permission is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or noncommercial purposes and unwarranted modification of data and information within the content of the Website is not permitted under any circumstance.
User Conduct and Rules:
You agree and undertake to use the Website and the Service only to view, review and purchase the products listed as part of the website. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
- Conduct or forward surveys, contests, pyramid schemes or chain letters;
- Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Violate any applicable laws or regulations for the time being in force in or outside India; and
- Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
- Exploit any of the services. We reserve the right to deprive individual customers of our Cash on Delivery payment option. Moreover, we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that customer conduct violates applicable law or is harmful to our interests.
- You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statements and/or comments about VAPH, its associates and partners on any property owned by VAPH.
Submission of Content:
VAPH welcomes user comments, information and submissions (collectively, Submission). VAPH, however, does not assume any obligation with respect to any Submission and no confidential or fiduciary understanding or relationship is established by VAPH receipt or acceptance of any Submission. All Submissions become the exclusive property of VAPH and its affiliates. VAPH and its affiliates may use any Submission without restriction and User shall not be entitled to any compensation.
No Compensation Policy:
If the quality of any products, services, information, or other material purchased or obtained by you through the Website did not meet your expectations, no compensation will be given other than the Return and refund or Exchange of the product. The customer cannot request compensation for any reason, including but not limited to: any variation in the finish or appearance of the final product; any delay in delivery caused by unforeseen circumstances; any special, incidental, indirect or consequential damage of any kind caused by a product; missed opportunities to avail certain discounts; any issue with our Delivery partners or their personnel; any voucher which got deactivated due to the end of expiry date; unavailability of items which the customer tried to purchase etc. Unreasonable and unlawful requests for compensation, over and above the entitled refund, will be treated as loss to business cases. VAPH holds the rights to cancel orders and block accounts of such customers without any prior notice.
User Warranty and Representation:
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by VAPH.
Exactness Not Guaranteed:
VAPH hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as the size, colour etc. may be required due to limitations caused by availability of product. In this instance you agree that a representative from VAPH will call you or send an approval request via the email address which you submitted when placing your order. If you do not agree with the requested change you retain the right to reject the requested production change by replying to it within 10 days of it being sent to you. VAPH may re-request that you accept a production alteration one additional time if an alternative method to send your merchandise is available. If you reject this 2nd request your order will be cancelled and you will be able to exchange for a different product or get a store credit.
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, VAPH 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 belonging to VAPH without obtaining prior authorisation.
The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of VAPH and protected by international copyright laws. All software used on this website is the exclusive property of VAPH and protected by international copyright laws. The Content and software on this website may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content of this website is strictly prohibited.
Links to Third-Party Sites:
The Website may contain links to other websites ('Linked Sites'). The Linked Sites are not under the control of VAPH or the Website and VAPH is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. VAPH is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. VAPH is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by VAPH or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Disclaimer of Warranties/Limitation of Liability:
VAPH has endeavoured to ensure that all the information on the Website is correct, but VAPH neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall VAPH be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
(a) The use or the inability to use the Services;
(b) Unauthorised access to or alteration of the user's transmissions or data;
(c) Any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall VAPH be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, VAPH shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond VAPH's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
You agree to indemnify, defend and hold harmless VAPH from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by VAPH that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at VAPH's discretion.
In accordance with our guidelines, prices might change when the stocks are replenished.
Despite our best efforts, a small number of the items in our catalogue may be mispriced. However, we verify prices as part of our dispatch procedures.
If an item's correct price is lower than our stated price, we charge the lower amount and send you the item.
If a product's correct price is higher than our stated price, we will notify you of the same and request confirmation to proceed or cancel such order.
VAPH may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms.
If you or VAPH terminates your use of the Website or any Service, VAPH may delete any content or other materials relating to your use of the Service and VAPH will have no liability to you or any third party for doing so.
You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever.
These terms shall be governed by and constructed in accordance with the laws of India.
In the event of any disputes, differences or controversies between the Parties hereto, out of or in connection with the provisions of this Agreement, or any action taken hereunder, the Parties hereto shall thoroughly explore all possibilities for an amicable settlement. In case an amicable settlement cannot be reached, such disputes, differences or controversies shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 including any amendment or re-enactment thereof. The proceedings of such arbitration shall be conducted in the English language and the venue of such arbitration shall be Chennai. The award of such arbitration shall be final and binding upon the Parties hereto.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms and Conditions or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. VAPH does not review the contents in any way before they appear on the Website. VAPH does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to firstname.lastname@example.org.
Unauthorised charges on your card:
If you see charges on your credit/debit card for purchases made on www.vaph.in, but you never created an account or signed up, please check with your family members or business colleagues authorised to make purchases on your behalf, to confirm that they haven't placed the order. If you're still unable to recognise the charge, please report the unauthorised purchase within 15 days of the transaction to enable VAPH to begin an investigation.
Cancellation of Fraudulent Orders/Loss to Business Orders:
To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, VAPH reserves the right to cancel all past, pending and future orders without any liability. VAPH also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on website and stock unavailability. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your card has been charged, the said amount will be reversed to your Card Account. Any promotional voucher used for the cancelled orders may not be refunded.
The customer may be considered fraudulent if any of the following scenarios are met:
- Customer fails to produce adequate documents during the payment details verification
2. Misuse of another customer's phone/email
3. Customer uses invalid email and phone no.
4. Overuse of a voucher code
5. Use of a special voucher not tagged to the email ID used
6. Customer returns the wrong product
7. Customer refuses to pay for an order
8. Customer is involved in the snatch and run for any order
The customer may be considered loss to business if any of the following scenarios are met:
1. Customer with a very high return rate
2. Invalid/Incomplete address cases
3. Repeated request for monetary compensation for petty issues
Account for the customers falling in fraudulent or loss to business category may be permanently blocked. Any gift credits earned through loyalty or referral program will be forfeited in such case.
Cancellation of Bulk Orders:
VAPH may cancel any orders that classify as 'Bulk Order' under certain criteria at any stage of the product delivery. An order can be classified as 'Bulk Order' if it meets with the below mentioned criteria, and any additional criteria as defined by VAPH:
- Products ordered are not for self-consumption but for commercial resale
2. Multiple orders placed for same product at the same address, depending on the product category
3. Bulk quantity of the same product ordered
4. Invalid address given in order details
5. Any malpractice used to place the order
6. Any promotional voucher used for placing the 'Bulk Order' may not be refunded
Process for Pilferage Claim:
If a customer raises a complaint for partial item/partial order through Customer Care
1. The customer is supposed to claim for pilferage within 48 hours of delivery failing which the claim will not be entertained
2. An Email will be sent seeking/providing following information:
- Short description of the case (A few questions will be asked to help us understand the scenario)
B. The snapshots of the packet and other box(If any)(Try to cover the sides which look tampered/damaged as per the customer)
C. The refund for prepaid orders will be done after investigation which usually requires 3-4 business day. The process will include investigation with the concerned departments
- The customer may not be liable for a refund if he/she falls in any of the scenarios stated below:
- Customer fails to provide adequate information about the case
B. Customer fails to provide snapshots of the packet and box(if any)
C. If an opened delivery was received, pilferage claims must be made the same day
D. Customer must not dispose the packaging for 3-4 days post delivery. We might need to pick-up your packaging for investigation at our end.
All notices, demands or other communications required or permitted to be given or made under or in connection with this Agreement shall be in writing and shall be sufficiently given or made and sent by prepaid registered post addressed to:
Nekks Industries Pvt Ltd ('VAPH')
4/287, Kundrathur Main Road
Kovur, Chennai 600122.