Terms of Service
The present terms and conditions serve to regulate the utilization of the marketplace e-commerce website, ambrace-intl.com, and its corresponding mobile application, collectively referred to as the 'Platform'. The AMBRACE, operated and managed by the AMBRACE, acts as the branding entity for these services. By accessing or visiting the aforementioned website or by employing the Platform, users explicitly acknowledge that they have fully read, comprehended, and consent to be legally bound by these terms and conditions. It is important to note that, unless otherwise specified, these terms and conditions do not extend to third-party products or services, which are governed by their own distinct terms of service. In line with the Information Technology Act, 2000, and its corresponding rules, this document represents an electronic record. It is generated by a computer system and does not require any physical or digital signatures. Publication of this electronic record complies with the pertinent provisions of the Information Technology Act, 2000 and its associated regulations.
TERMS
Regarding the terms, upon utilizing or accessing the Platform, users are deemed to have accepted the subsequent terms and conditions. It is our prerogative, in our sole discretion, to enact changes or modifications to these terms and conditions as we see fit. Agreements made within these terms and conditions constitute a legally binding contract between the user, referred to as "You" or "Your," and the AMBRACE. The term "User" encompasses any individual who accesses, browses, transacts, or avails services on the Platform. Moreover, by implicitly or explicitly accepting these terms, users also agree to abide by our guidelines, rules, privacy policy, and any other applicable policies that may be updated and provided at a later date.
USER REPRESENTATIONS
Non-compliance with all the stipulations outlined in these terms renders the user expressly prohibited from engaging with or using the Platform, necessitating immediate discontinuation of use. Furthermore, it should be noted that individuals under the age of 18 are not permitted to utilize our Platform unless consent or supervision is given by their parent or guardian. To proceed, users must acknowledge their understanding and acknowledgement that they have reached the minimum age requirement (18 years old) and possess the necessary legal competency under applicable law(s) in order to enter into contractual obligations. Any individuals under the age of 18 are explicitly prohibited from using our Platform without the consent or supervision of their parent or guardian. Users are expected to provide accurate, complete, and truthful registration information on the Platform. In case of any suspicions arising regarding the veracity or accuracy of the information provided by the user at any given time, the AMBRACE reserves the right to suspend, terminate, or block the user's access to the Platform. As the ultimate custodian of registration information, the user bears sole responsibility for maintaining its confidentiality. Any activities or transactions conducted through the user's account are their liability. The AMBRACE cannot be held responsible for any third-party claims resulting from the unauthorized use of the user's password or account, whether conducted with or without the user's knowledge. Additionally, users are strictly prohibited from deciphering, decompiling, disassembling, hacking, or reverse engineering any part of the Platform, nor aiding and abetting others in such actions. The Platform may only be used for legitimate and legal purposes by the user alone.
PERSONAL DATA
In accordance with our PRIVACY POLICY, we will process the personal data and sensitive personal data provided by you to, collected by or for, or processed in connection with our Platform. We kindly encourage you to familiarize yourself with our Privacy Policy and reach out to us if you have any inquiries. If you do not agree with the Privacy Policy Terms, please refrain from accessing the Platform. By continuing to utilize the Platform, including the App, or any products or services offered by the AMBRACE, including its website, you are considered to have acquainted yourself with the Privacy Policy and its contents. Your continued use of the Platform signifies that you are aware of the Privacy Policy and have provided informed consent based on this understanding. Consequently, you consent and agree to the collection, storage, processing, transfer, and sharing of your personal information, including sensitive personal information, with third parties or service providers for the purposes outlined in the Privacy Policy.
REPRESENTATION AND WARRANTIES
Regarding representation and warranties, we have established an effective grievance redressal mechanism and appointed personnel, responsible for addressing consumer complaints. The personnel will acknowledge receipt of any customer complaint within 7 days and resolve the complaint within 1 month from the date of receipt. As a marketplace e-commerce entity, we do not impose cancellation charges on consumers who cancel their purchase after confirmation, unless we or our sellers also incur similar charges when unilaterally cancelling the purchase order for any reason. Additionally, we shall only obtain customer consent for the purchase of goods or services offered on our Platform when such consent is explicitly and affirmatively expressed. We shall process all payments for accepted refund requests from consumers in accordance with the guidelines prescribed by the Reserve Bank of India or any other competent authority under applicable laws, within a reasonable timeframe as mandated. Finally, as an e-commerce entity, we do not engage in price manipulation of goods or services offered on our Platform to unjustly profit from users. Prices charged are determined considering prevailing market conditions, the essential nature of the goods or services, any exceptional circumstances under which they are offered, and other relevant factors. Additionally, we do not discriminate between users of the same class or arbitrarily classify users in a manner that impacts their rights.
USER RESTRICTIONS
As a user of the Platform, it is agreed that no misleading, harmful, unlawful, threatening, harassing, defamatory, obscene, pornographic, hateful, or objectionable content shall be uploaded, modified, or shared. Retrieval of data from the Platform for the purpose of creating or compiling a collection, compilation, database, or directory without Our prior written consent is not authorized. Users shall not collect usernames and/or email addresses of other users without Our permission or use false pretences to establish accounts. The sale or advertisement of goods or services without authorisation from Us is not permitted, nor is unauthorised framing or linking to the Platform, misuse of the support services or submission of false reports of abuse or misconduct. Interference with, disruption, or creating an undue burden on the Platform or related services is considered a violation. Impersonation of another User is prohibited, as is an attempt to gain unauthorised access to the Platform or obtain personal or sensitive information from other Users. Breaching applicable laws, selling or transferring accounts, using Platform-obtained information to harass, abuse, or harm another person, using the Platform for any revenue-generating endeavour or commercial enterprise to compete with Us, or attempting to upload viruses or harmful material is prohibited. Harassment, intimidation, or threats toward our employees or agents are not tolerated under any circumstance. Platform use for any unlawful or prohibited purpose or to solicit or engage in illegal activity, including but not limited to infringing on the intellectual property rights of the AMBRACE or others, is considered a violation of these Terms.
INTELLECTUAL PROPERTY RIGHTS
Unless expressly stated otherwise, all rights, titles, and interests, including all associated intellectual property rights such as source code, databases, software, applications, audio, text, images, graphics, trademarks, and service marks, are owned by Us. Third-party trademarks may be visible on this Platform, and all rights pertaining to those trademarks are reserved by their respective registered owners. Users must obtain direct permission from the owner of the intellectual property for any use of third-party intellectual property. These Terms do not constitute a sale and do not confer upon the User any ownership rights or related rights in relation to the Platform, goods, services, or any intellectual property rights owned by the AMBRACE. The User bears sole responsibility for any violations of laws and any infringement of intellectual property rights.
TERM AND TERMINATION
These Terms shall remain in effect unless and until terminated by either party, namely, You or Us. It shall continue to be in full force and effect as long as You continue to utilize the Platform. We retain the right, in our sole discretion and without prior notice or liability, to deny access to and use of the Platform (including the blocking of certain IP addresses) to any individual, for any reason or no reason at all. This includes, but is not limited to, instances where there is a breach of any representation or warranty specified in these Terms or any applicable law or regulation. At our sole discretion, We may terminate Your use or participation in the Platform, or remove any content or information posted by You, at any time. Moreover, in addition to account termination or suspension, We reserve the right to take appropriate legal action, which may include civil, criminal, and injunctive measures.
ADVERTISEMENTS
We reserve the right to permit and facilitate the display of advertisements and other information by third-party advertisers on our Platform, hereinafter referred to as "Third Party Advertisers". Any concerns or issues raised by the User regarding these advertisements should be addressed directly with the relevant Third-Party Advertiser. We shall not be held liable for the actions, omissions, errors, representations, warranties, or negligence of any Third-Party Advertiser. We explicitly disclaim any and all liability arising from the advertisements placed by Third Party Advertisers on the Platform. It is important to note that our role is limited to providing advertising space, and we do not maintain any other form of relationship with these Third-Party Advertisers.
PAYMENT
We acknowledge the following methods of payment: Visa, Mastercard, Net banking for all transactions conducted through the Platform, it is expected that You will furnish accurate, complete, and current payment and account information. You are responsible for maintaining up-to-date account and payment records, including email address and payment card expiration date, if applicable.
RETURN, REPLACEMENT & REFUND POLICY
Our Return, Replacement, and Refund Policy states that users have the option to return products within seven days of delivery. Upon receiving a return request within the specified period, the user must provide us with a picture of the packaging and the product (unless the product is missing) at info@ambrace-intl.com. We will then arrange a reverse pickup for the product, which will be processed within 7 business days upon receipt of the return request. Refunds will be processed in accordance with our Refund Policy. Please note that products are eligible for return if they meet the following criteria: the delivered product(s) do not match the user's order, the size of the product is different, the product(s) have expired, or the delivered product(s) are damaged. To ensure eligibility for return, users must ensure that the product being returned remains unused, with the tags and packaging intact and untampered. Packages without proper return authorization will not be accepted. On the other hand, there are certain products that do not qualify for return, including products that have been altered or used, products with tampered serial numbers or barcodes, products with batch numbers that do not match the invoice, and home décor or larger items. In the case of replacements, they are only allowed for fashion-related products. If a user wishes to replace a fashion-related product due to reasons such as colour, quality, or size, the replacement will be provided subject to availability and the sole discretion of the business. If a replacement is not possible, a refund will be issued. It is important to note that refunds will only be processed upon confirmation from the relevant vendor regarding the contents of the product for which the refund is requested.
REFUND POLICY
The Refund Policy entails the following processes and conditions: i) The request for a refund will be carefully examined and validated by the customer care department of the AMBRACE. ii) A refund will only be processed after a confirmation has been received from the relevant third-party seller concerning the condition and packaging of the product. iii) The refund will be initiated within a period of 10 business days from the date of the reverse pickup. iv) If there is a failed attempt at delivery, the product(s) will be returned to our warehouses. In such cases, the order will be cancelled, and the money will be refunded as per our refund policy. v) For prepaid orders that are cancelled before the delivery, the refund process will be initiated within 7-15 working days. vi) These outlined procedures ensure that refunds are handled efficiently and in accordance with our established refund policy.
SHIPPING POLICY
Our Shipping Policy highlights our current delivery system, which includes the delivery of products within selected cities only. To ensure that our product deliveries are reliable, we have partnered with a reputable logistics company. Notwithstanding our efforts to minimize shipping delays, we acknowledge that unforeseen circumstances can sometimes affect the delivery timeline.
GENERAL SHIPPING TIMELINES
As per our General Shipping Timelines, the seller typically packs the ordered product(s) within four business days after placement of the order. However, if a product is made-to-order, the expected timelines for product readiness are indicated on the website. Once the vendor has prepared the product(s) for dispatch, our logistics partners are notified, and they pick up the product from the seller and dispatch it to the delivery location. The general timelines for delivery post pickup are 4-7 days. We operate from Monday through Thursday, with the exception of National Holidays. For any product-related issues that may arise during delivery, customers can contact us via info@ambrace.com, and we will endeavor to respond within 24 hours.
INDEMNITY
Regarding the matter of Indemnity, the User agrees to provide indemnification, defence, and hold harmless to the AMBRACE and its affiliates, officers, directors, employees, consultants, representatives, shareholders, vendors, users, and other such entities (collectively referred to as "Indemnified Parties"), against any and all damages, losses, liabilities, lawsuits, claims, expenses, attorney's fees, demands, or any other losses, arising from or related to any claim, action, suit, or other legal proceeding filed against the Indemnified Parties.
LIABILITY
When it comes to Liability, it is important to clarify that the AMBRACE manufactures only a portion of the products listed on this Platform. Users are expected to comprehend, agree, and acknowledge that the AMBRACE operates as an intermediary and online e-commerce marketplace. The contractual agreement for the sale of products, if applicable, shall be a separate agreement solely between the User and the vendors listed on the Platform. Furthermore, any claim concerning the quality, appearance, nature, consumption, usage, or any other attribute(s) of the products should be directed to the respective seller by the User. The AMBRACE shall not be involved as a party in any such claims. By accepting this, the User explicitly relinquishes any claims and releases the AMBRACE from any liabilities, losses, claims, or damages that may arise from or relate to the abovementioned disclaimer in the following clause.
DISCLAIMER
In reference to the Disclaimer, it is important to note that the Platform is offered on an "as-is" and "as-available" basis. Users should understand and acknowledge that their utilization of the platform-based services is undertaken at their own risk. We explicitly disclaim all warranties, whether express or implied, related to the Platform and its use, encompassing but not limited to the implied warranties of merchantability, fitness for a specific purpose, and non-infringement, to the maximum extent allowed by law. We do not provide any assurances or representations concerning the accuracy or completeness of the content on the Platform, or any connected content. Furthermore, we disclaim all liability or responsibility for any: i) Personal injury or property damage arising from the User's access and utilization of the Platform or products provided by third-party sellers. ii) Unauthorized access or utilization of our secure servers, as well as the handling of personal or financial data stored within. iii) Interruptions or discontinuations of data transmission to or from the Platform. iv) Errors or omissions within any content or materials, and any resulting losses or damages incurred as a consequence of utilizing or relying on any posted or transmitted content available through the Platform. These disclaimers apply to the fullest extent permitted by law.
DISPUTE RESOLUTION
Regarding the matter of Dispute Resolution, it is hereby stated that any disputes arising from these Terms shall be settled in accordance with the laws of India. In the event of any conflict between the parties regarding these Terms, the jurisdiction of the courts of the business base in India shall be deemed exclusive.
CONTACT ADDRESS
Regarding Contact Address, we may be contacted at the following address and contact information for any queries or concerns regarding the AMBRACE and products: info@ambrace-intl.org. It is important to note that these Terms and Conditions are in accordance with the Consumer Protection (E-Commerce) Rules, 2020, which are applicable to a marketplace e-commerce entity.