1. Thank you for visiting the www.getmyfabric.com. By accessing or using www.getmyfabric.com website or the mobile application or any other media ("Website"), whether automated or otherwise, you, a registered or guest user in terms of the eligibility criteria set out herein you (“User”) agree to be bound by these Terms and Conditions (“Terms”) and any additional terms and conditions of third party sellers (“Sellers”) if any.
.2. By implicitly or expressly accepting these Terms, you also accept and agree to be bound by getmyfabric.com Policies (including but not limited to Privacy Policy available at www.getmyfabric.com/privacy_policy as amended from time to time. If you do not want to be bound by the Terms, you must not subscribe to or use our services. We encourage our users to read these Terms carefully while using the Website.
.3. In these Terms, references to "you", "User" shall mean the end user/customer accessing the Website, its contents and using the Services offered through the Website. "Service Providers" independent third party service providers or Sellers, and references to the “Website”, "getmyfabric", “getmyfabric.com”, "we", "us" and "our" shall mean the Website and/or getmyfabric enterprises , its affiliates and partners (as applicable).
.4. 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 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.
.5. The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.
.6. The Website is operated by getmyfabric enterprises, a company incorporated under the laws of Nepal having its registered office at Battis putali, Benkatesh marg, Gaushala, Kathamandu-9,Nepal. All references to Website in these Terms shall deem to refer to the aforesaid entity in inclusion of the online portal.
.7. Further, the terms and conditions for any Product, sale, discount, discount vouchers, gift vouchers, pre-paid instruments or contest event organized on the Website from time to time, shall be subject to our terms and conditions. In addition to the above.
.8. This Website may also contains links to other websites, which are not operated by the Website, and the Website has no control over the linked sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the linked sites will be subject to the terms of use and service contained within each such site.
.9. We reserve the right to change these Terms at any time. Such changes will be effective when posted on the Website and may, at the sole discretion of the Website be notified to the Users from time to time. Notwithstanding the foregoing, by continuing to use the Website after we post any such changes, you accept the Terms as modified.
.10. These Terms will continue to apply until terminated by either You or getmyfabric.com in accordance with the terms set out below:
11. The agreement with getmyfabric can be terminated by (i) not accessing the Website; or (ii) closing Your Account, if such option has been made available to You.
12. The above clause shall also apply to any additional Terms applicable to the use of the Website and getmyfabric reserves the right to terminate access to the Website (including any services offered as part thereof);
13. Notwithstanding the foregoing, these provisions set out in these Terms which by their very nature survive are meant to survive termination, shall survive the termination / expiry of this agreement.
1. Use of the Website is available only to majors ,means,aged above 18 years.
2. Any minor desirous to use or transact on Website, is required to conduct such transaction through their legal guardian or parents.
.3. The Website reserves the right to terminate any membership and / or refuse to provide access to the Website if it is brought to the Website’s notice or if it is discovered that the person accessing/using the Website is under the age of 18 years.
.4. By accepting the Terms or using or transacting on the Website, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between the Website and such User to the extent permissible under applicable laws.
.1. Any person may access the Website and the Products either by registering to the Website or using the Website as a guest. However, a guest user may not have access to all sections of the Website including certain benefits/promotional offers, which shall be reserved only for the purpose of registered Users, and which may change from time to time at the sole discretion of the Website.
.2. If you wish to register yourself with the Website, you shall be required to create an account by registering through Facebook or your email account or by filling in the details prescribed in the Website registration form. You will then 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 any and all activities that occur under your password or account. You agree to (a) immediately notify the Website of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. getmyfabric.comcannot and will not be liable for any loss or damage arising from your failure to comply with this Section or for any losses occurring thereto. You, as the User, waive any claims against the Website for any loss and damage suffered by you on account of your failure to comply with the Terms and reasonably expected good practices in this regard.
.3. If any User learns or is made or becomes aware of any instance of hacking or misuse of its User account, it shall without delay notify the Website of the same. Additionally, registered Users may be held liable for losses incurred by the Website for any loss or damage caused as a result of failure in maintaining security by the relevant User.
4. If any User provides any information that is untrue, false, not updated, and incomplete or the Website has reasonable grounds to believe that such information is untrue, false, not updated, incomplete, the Website shall have the right to suspend or terminate the relevant User account and refuse any and all current or future use of the Website (or any portion thereof).
.5. The Website may be inaccessible for such purposes as it may, at its sole discretion deem necessary, including but not limited to regular maintenance. However, under no circumstances will getmyfabric be held liable for any losses or claims arising out of such inaccessibility to the Users and the Users expressly waive any claims against getmyfabric in this regard.
.6. Users of the Website may be required to provide certain person information and expressly permit the Website from accessing and/or collecting and retaining such personal information of the Users. Such provision and/or collection, storage, retention, use and disclosure of the personal information of the Users shall be subject to the Website’s privacy policy available at www.getmyfab.com/privacy_policy
.1. By listing a Product on the Website, getmyfabric warrants that all such Products are legally permitted to be sold. Each Seller further warrants that they shall provide most accurate description of the products to be sold on the Website. Listings may only include text, pictures and other content that getmyfabric may permit from time to time. website may charge reasonable shipping and handling fees to cover the costs for packaging and posting the items. website may issue promotional codes for promotional purposes only and these are to be used against purchases from the issuing products from website only. Promotional codes have no cash value and cannot be exchanged for money or credit.
. All sales on the Website are binding in nature on both the User and website. The website(getmyfabric.com) is responsible for shipping up to the point of delivery or otherwise completing the transaction with the User within 7 days, unless there is an exceptional circumstance or occurrence of a force mature event.
1. All Products exhibited on the Website are on an “as is” and “as available” basis. Images of products are for and by reference only and actual Product may vary from the corresponding image exhibited. The Website disclaims any liabilities arising out of any discrepancies to this end.
2. Prices for Products are subject to change without prior notice, and at any time whatsoever, irrespective of whether an item has been earmarked/wish listed by a User. The Website disclaims any and all claims and/or liabilities arising from such revision in prices.
.1. Prices for Products are described on our Website and are incorporated into these Terms by reference. Prices, Products and services are offered by getmyfabric and may change in accordance with the brand guidelines or other terms and conditions applicable by getmyfabric. Users further undertake that by initiating a transaction, the User is entering into a legally binding and enforceable contract with us to purchase the products using such payment facilities as may be permitted by applicable laws and as may be accepted by the Website.
.2. The Website does not charge any registration/membership or browsing fee. However, the Website reserves the absolute right to alter the fee policy from time to time. In the event, the Website alters its services, it may introduce new fees for such altered services. All such fees that the Website may charge will be intimated to the Users and such change shall automatically become effective immediately after they are posted on the Website.. The Users continued use of the Website shall be deemed as an acceptance of the amended terms and conditions.
.3. getmyfabric.com may enter into agreements with third party payment gateway aggregators and financial institutions authorized by rashtriya bank nepal, refund and remittance and to facilitate payment between Users and getmyfabric.com. The Website shall initiate the remittance of the payments made by the User and the date of completion of transaction shall be after the Products are delivered to the User and such other additional time as may be agreed between Website and user.
.4. While availing any of the payment method/s available on the Website, the Website will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:
Notwithstanding anything contained herein, the Website reserves the right to conduct additional verification for security or other reasons if it is not satisfied with the creditability of the User.
5. All payment and delivery related conditions are in accordance with the contractual relationship implicitly established between the getmyfabric.com and the User purchasing the same and payment facility provided by the Website is merely used by the User and Seller of the Product to facilitate the completion of the purchase made by the User.
.6. Every User hereby agrees to provide accurate information, such as credit/debit information for purchasing Products on the Website. Every User further warrants that he/she shall not use payment information or instrument that is not lawfully owned by the User. The Website shall not utilize or share with any third party unless required as per law, regulation or court order or in accordance with the terms of the Privacy Policy. The Website disclaims all liabilities arising out of loss of any information pertaining to the Confidentiality of the credit/debit card details or pre-paid instrument account. In addition to these Terms, the terms and conditions of the bank or other financial institution shall also be applicable to every User. The Website disclaims any liability arising out of declining of payment by such bank or financial institution.
.7. The Website may in its sole discretion impose limits on the number of transaction which an individual holding a financial instrument may use for payment for Products.
Additionally, the Website reserves the right to refuse to process transactions exceeding such limit and transactions by Users that have incurred questionable charges and amounts.
.11. In case a User purchases multiple Products in one transaction, getmyfabric may deliver the same together. However, this may not always be possible and shall be subject to availability of stock with getmyfabric.
.12. If a User wishes to get delivery to different addresses, then the User shall be required to purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. The User agrees that the delivery can be made to the person who is present at the shipping address provided by the User.
.13. getmyfabric.com shall not compensate for any mental agony caused due to delay in delivery. The Users can cancel the order at any moment of time even if the delivery time exceeds the expected delivery time. If it is a prepaid order, the Users will be refunded back the price of the product in the account or payment wallet, in accordance with the options chosen by you, as soon as the order is successfully cancelled.
REPLACEMENT POLICY:-
4. All Products ordered by the User shall be eligible to be replaced in accordance with the website replacement policy as indicated , if the Product delivered is damaged, soiled or is different from the Product specifications mentioned on the Website. getmyfabric.com will accept return or size exchange of a Product only in accordance with the returns policy of the respective Seller.
5. Where the Product replaced is of a higher value that the Product returned, the User shall be liable to pay the differential charges by way of any of the payment method mentioned herein.
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6. Where the Product replaced is of a lower value, the Website may at its discretion issue a voucher or credit note for the differential value and the User that may use such voucher, subject to terms and conditions stated therein, for another transaction on the Website.
7. Refund, if any, shall be made at the same issuing bank through which the Product was purchased. For cash on delivery transactions, the User has the option to receive the refund in any bank account via NEFT (for which the User shall have to share the bank details) or, the refund will be credited to the wallet linked to his/her User account on the Website.
8. For payments made through electronic means like debit card, credit card, net banking, wallet etc. refund shall be made using the same payment mode.
9. The User acknowledges that the Website will not be liable for any damages, interests or claims etc. resulting from non-processing an order or any delay in processing an order which is beyond control of the Website.
.1. You agree and undertake to use the Website only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when the Website, you will not:
1. Intellectual Property Rights (“IPR”) for the purpose of these Terms shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, source code, technical data, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and further shall also include but not be limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code in relation to the Website.
2. All IPR on the Website exclusively belong to either the Website or the third party sellers and suppliers, as the case may be. Under no circumstance shall any User infringe in any way such IPR of the Website, a third party supplier or Seller during or pursuant to its use of the Website for any purposes whatsoever.
3. All those IPR arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of getmyfabric.com/or its affiliates as the owner of such domain name.
4. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned herein above is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its owners/permitted assigns, as the case may be.
5. Every User hereby grants getmyfabric.com a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, publish, transmit, reproduce, modify, adapt any content provided or created by the User. getmyfabric shall have no liability for any infringement of intellectual property rights with respect to such content created by the User.
6. Except as expressly provided herein, the User acknowledges and agrees that it shall not copy, republish, post, display, translate, transmit, reproduce or distribute or in any other way infringe any Intellectual Property Right through any medium without obtaining the necessary authorization from the Website or the thirty party owner of such Intellectual Property Right.
INDEMNITY:-
Upon occurrence of an Indemnity Event, the Website may notify the User of any claims which the User shall be liable to indemnify the Website against. The User shall then be obligated to consult with the Website regarding the course of action to be undertaken in defending such a claim and website is not responsible for such a event and shall not responsible for its returns to anyone.
1. While using the Website, the User specifically undertakes not to host, display, upload, modify, publish, transmit, update or share any information or content that:
2. In certain cases, where the User requires certain services in relation to the Products, such as warranty, after-sales or installation services, the User shall directly contact getmyfabric.com. However, in the event, the User contacts the Website for the same, the Website may inform the relevant Seller to provide or facilitate the provision of such services to the User.
3. The User may need to install updates that the Website or any third party may introduce from time to time to access the Products /Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions. By using the Website, the User shall be deemed to have agreed to receive such updates.
.4. The User agrees that it shall solely be responsible towards the Website and for any breach of its obligations under these Terms and for any consequences, losses or damages that may be suffered by the Website owing to such breach by a User.
1. In the event the Website or any User becomes aware of any objectionable content on the Website including but not limited to violation of privacy, misuse of personal information or violation of any IPR, in violation of these Terms then, the Website, by itself or upon receipt of a communication from any of its Users, without any prior notice take down such objectionable content from the Website.
2. For any reporting in respect of the aforesaid, the User should contact the Website at support@getmyfabric.com
1. User feedback or information pertaining to Products offered on the Website or any information pertaining to the Website shall be deemed to be non-confidential in nature.
2. The Website reserves the right, at its sole discretion to use such information for upgrading/enhancing the Website and such use shall be entirely unrestricted.
.3. The Website may at its discretion, also make any modifications or changes to the Website and its content and / or Products on the basis of such feedback or information.
.4. In the event that the Website makes any changes or modifications to the Website or Products on the basis of any such feedback, the User shall not have any rights or title (including any IPR) in such changes or modifications to the Website or Products listed therein.
.5. By submitting any feedback or any information, the User hereby warrants that (i) the feedback does not contain confidential or proprietary information belonging to the User or any other person and shall not entitled to any compensation or reimbursement of any kind from the Website for the feedback under any circumstances.
. User Protection Program
1. The Website’s User protection program provides for resolution of disputes between the User and website to successfully resolve a dispute regarding refund or replacement or non-delivery of a Product..2. In such an eventuality, the User can write to support@getmyfabric.com if the issue with the Seller remains unresolved.
2. The Website’s Users support team shall provide reasonable assistance and take such relevant actions .
Notice: All notices to be issued pursuant to these Terms shall be served to the User by email or by general notification on the Website. Any notice to be sent to the Website pursuant to these Terms shall be sent to the Website’s grievance officer by e-mail support@getmyfabric.com .
Assignment: This Terms shall not be assigned or otherwise transferred by the User. However the Website’s obligations under these Terms are freely assignable or otherwise transferable by the Website to any third parties without the requirement of seeking the Users prior consent.
Severability: If any provision of these Terms is void, or is so declared, such provision shall be severed. The Terms shall otherwise remain in full force and effect.
Waiver: Any failure or delay by a party to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights here under shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
Relationship and Exclusivity. Nothing in these Terms shall constitute or be deemed to constitute a partnership, joint venture, agency or the like between the parties hereto or confer on any party any authority to bind the other party or to contract in the name of the other party or to incur any liability or obligation on behalf of the other party.
Force Majeure: If performance of any Service under these Terms by the Website is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the website, utility or communication failures, earthquakes, war, revolution, acts of terrorism, 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, which are beyond the reasonable control of the Website and could not have been prevented by reasonable precautions then the Website shall in to be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the Website of its obligations herein.
