Purpose and Scope
a. These terms of use (“Terms of Use”) mandate the terms on which the users (“you” or “your” or “yourself” or “User”) access and/or register on the website [www.fiama.in] (licensed by ITC Limited) operated and managed by Analemma Commerce Private Limited (“ACPL”) (“us” or “our” or “we”), collectively referred to as, “the Website”. ACPL is a company incorporated under the Companies Act, 2013, having its registered office at [Plot No 13, A-308, Naveen Apartment, Sector 5, Dwarka, South West Delhi, Delhi - 110075]. The brand/ trademark ‘Fiama’ belongs to ITC Limited and is being used on this Website under a specific agreement. The Website acts as a mere facilitator between the seller(s) registered on the Website (“Seller”) and buyers purchasing or interested in purchasing the products sold under the brand name/trademarks of ITC Limited (“ITC”) available for sale on the Website (“Products”).
b. By accessing the Website, registering on the Website, taking any action on the Website and /or using our services offered on the Website, you accept this Terms of Use and the privacy policy (www.fiama.in/fiama-privacy-policy) (“Privacy Policy”) and agree to be legally bound by the same. These Terms of Use apply to all Users of the Website, including users who are browsers, Sellers, customers, merchants and / or contributors of content. You acknowledge that the Terms of Use and the Privacy Policy constitute an agreement between you, ACPL and ITC. Please read the Terms of Use and Privacy Policy carefully before using or registering on the Website or accessing any material or content or information through the Website.
c. This Website may contain links to other websites. If you decide to access such linked websites, you do so at your own risk.
d. We retain an unconditional right to modify or amend these Terms of Use without any requirement to notify you of the same. Any subsequent modifications to the Website shall also be subject to the Terms of Use. It shall be your responsibility to check the Terms of Use periodically for changes. Your use of the Website shall signify your acceptance of the amended Terms of Use and your consent to such changes and agreement to be legally bound by the same.
Eligibility to Use Services
a. The Website is not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by us for any reason whatsoever. You represent that you are of legal age to form a binding contract and are not a person barred from receiving services from the Website under the applicable laws.
b. We reserve the right to refuse access to the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
c. You shall not have more than one active Account (as defined hereinafter) on the Website. Additionally, you are prohibited from selling, trading, or otherwise transferring your Account to another party or impersonating any other person for the purposing of creating an account with the Website.
d. The Website is intended to be for end-consumers desirous of purchasing Product(s) for domestic self-consumption. If you are a retailer, institution, wholesaler or any other business user, you are not eligible to use the Website to purchase Products from Sellers through the Website.
User Account, Password and Security
a. In order to purchase the Products on the Website, you will have to register on the Website by providing details about yourself, including your name, address, contact details and such other details as may be required on the Website and create an account (“Account”).
b. You shall ensure and confirm that the Account information provided by you is complete, accurate and up-to-date. If there is any change in the Account information, you shall promptly update your Account information on the Website. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Website (or any portion thereof) at its discretion, in addition to any right that we may have against you at law or in equity, for any misrepresentation of information provided by you.
c. You will be responsible for maintaining the confidentiality of your Account information, and are fully responsible for all activities that occur under your Account. You agree to (a) immediately notify us of any unauthorized use of your Account information or any other breach of security; and (b) ensure that you exit from your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this provision. You may be held liable for losses incurred by us or any other user of or visitor to the Website due to authorized or unauthorized use of your Account as a result of your failure in keeping your Account information secure and confidential.
d. Use of another User’s Account information for shopping on the Website is expressly prohibited.
Payment Services
a. All payments in respect of the Products shall be made to the Seller directly through the Website. To the extent permitted by applicable law and subject to the Privacy Policy, you acknowledge and agree that ACPL and/ or Sellers may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information.
b. In order to make payments online, you undertake to use a valid payment card or bank details or third-party wallets or details required for any other mode of payment (“Payment Details”) with the authority to use the same, to have sufficient funds or credit available to complete the payment on the Website in good standing. By providing the Payment Details, you represent, warrant, and covenant that:
i. You are legally authorized to provide such Payment Details;
ii. You are legally authorized to perform payments using such Payment Details; and
iii. such action does not violate the terms and conditions applicable to your use of such Payment Details or applicable law.
iv. You agree that you are responsible for any fees charged by your mobile carrier in connection with your use of the payment services through your mobile. ACPL and/ or Sellers shall use the Payment Details as described in the Privacy Policy. You may add, delete, and edit the Payment Details you have provided from time to time through the Website.
v. The payment receipt for completion of a transaction shall be made available on the Website and also sent to your email address.
vi. Except to the extent otherwise required by applicable law, ACPL and/ or sellers are not liable for any payments authorized through the Website using your Payment Details. Particularly, ACPL and/ or sellers are not liable for any payments that do not complete because:
- Your payment card or bank account or third-party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the Payment Details provided;
- You have not provided ACPL and/ or sellers with correct Payment Details;
- Your payment card has expired; or
- Circumstances beyond ACPL’s and/ or sellers’ control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.
c. The Website shall not be responsible for any unauthorized transactions conducted on our Website using your payment card or internet banking. The Website shall not be obligated to refund any money to you in such instances.
d. Payment information that is collected at the time of payment, like card details, names; passwords etc. is stored securely by PCI DSS compliant service provider CCAvenue
Pricing and Modifications
a. The price of the Products displayed on the Website shall be either equal to or less than the Maximum Retail Price (“MRP”) printed on such Products.
b. We reserve the right to modify or discontinue a service and/or Product (or any part or content thereof) without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance.
c. Any order/booking made for a Product through the Website may be subject to additional terms and conditions (including offers, discount and sales schemes/ campaigns offered from time to time, delivery charges) mentioned therein, which you are presumed to have read and accepted at the time of placing the order/booking.
d. There may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order).
Shipping of Products
i. Orders placed by you on the Website are typically processed within [2] ([two]) business days from the date of purchase. Generally it takes 3-7 working days for products to be delivered to the customer after being dispatched. At times when we are experiencing high volume of orders, shipments may get delayed by a few days, in which case, you will be intimated by email or telephone call (on the details shared by you at the time of placing your order/registering on the Website).
ii. Once your order is dispatched, you will receive an e-mail or SMS updating you with the details of the time and progress of the delivery. On the date of delivery, the person delivering the Product will reach out to you (on the number shared by you at the time of placing your order/registering on the Website) to confirm your presence to receive the order.
iii. You are requested to be available on the date of delivery since the Products will either be hand delivered to you or to someone appointed by you to collect the order on your behalf.
iv. All deliveries sent to residential or commercial spaces require a one-time-password (“OTP”) for authentication. We take no responsibility for shipment OTP provided by an alternative person other than the person ordering the Product or someone appointed by you to receive the order at the deliv ery address. Maximum of 3 (three) attempts will be made on the date of delivery to deliver the Product at the address indicated as the delivery point, at the time of placing the order post which the order will be cancelled, and refunds will be made as per these Terms of Use.
v. We do not take responsibility for an incorrect address that was provided at the time of placing the order. In case of an incorrect address, the product will be returned by the rider and refunds will be made as per these Terms of Use.
vi. All claims for damages must be reported to customer service through an email at: [fiamasupport@analemma.co.in] within [24] ([twenty four]) hours of order delivery.
vii. For each order, a shipment charge will have to be paid by the customer. The exact shipment charges for the order will be shown to the customer at the order checkout page.
viii. As soon as the customer receives the Product, the customer should store it under the storage conditions mentioned on the back of the pack. No replacement or refunds will be done for any quality loss or damages if the Product is not stored in the storage conditions mentioned at the back of the Product pack.
Cancellation, Returns, Refunds and Exchange
a. An order placed and confirmed can be cancelled till dispatch of the Products from our end. Once the Products are delivered to you, you may deny or refuse to take delivery of the Products, upon which the order will be cancelled, and refunds will be made as per these Terms of Use.
b. You are entitled to a 100% replacement of order in case you received something else than what you ordered or your order reached you in a distorted manner. If your order includes multiple items, partial replacement of the required items is also possible. If purchase of the Product is made under a special promotional offer or any special scheme, special rules shall apply for replacement.
c. Replacement process must be initiated within [insert in number] ([insert in words]) hours from the time of receipt of order by the User. The Product must be in an unused state before seeking a for a replacement and should be accompanied by a copy of the original receipt or invoice issued at the time of sale of the Product.
d. Any request for replacement will be accepted only after inspection of the Product. Once the replacement request is placed with the customer service, the logistics partner will arrange for a pickup of the Product from the address provided at the time of placing the order within [2] ([two]) business days. Once the Product is received, it takes about [2] ([two]) business day(s) for inspection team to confirm on the replacement. On confirmation of the genuine need for replacement of the Product, we shall dispatch the desired Product in [2] ([two]) Business days.
e. Refunds can be requested if the following conditions apply to at least any one of the following:
i. Product received is physically damaged; or
ii. Product received has missing parts; or
iii. Product received is different from their description on the product detail page; or
iv. Product received is defective; or
v. You have refused to take delivery of the Product.
Upon acceptance of request for refund from our end, the amount shall be credited to such bank account whose details you shall provide to us if paid via cash on delivery, and to the original payment method in case of other online payment methods.
f. At every step of the replacement process, we shall keep you updated through emails and/or SMS. However, if you have any queries before, during or after the replacement/refund is completed, feel free to contact us at: [fiamasupport@analemma.co.in]
Use of Website
a. Subject to compliance with the Terms of Use, we grant you a non-exclusive, limited privilege to access and use the Website. You agree to use the Website only: (a) for purposes that are permitted by the Terms of Use; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Website by us/other Users.
b. We reserve the right, but are not obligated, to limit the sales of the Products and/or services to any person, geographic region or jurisdiction. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. We may exercise this right on a case-by-case basis.
c. You agree not to access (or attempt to access) the Website by any means other than through the interface that is provided by us. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
d. You acknowledge and agree that by accessing or using the Website, you may be exposed to content from others that you may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website.
e. You undertake not to host, display, upload, modify, publish, transmit, update or share any information that:
• belongs to another person and to which you do not have any right;
• is grossly harmful, harassing, blasphemous; defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
• harms minors in any way;
• contains software or other material protected by applicable intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
• violate or solicit others to violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
• deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;
• impersonates another person;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
• is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
• defames, abuses, harasses, threatens or otherwise violates the legal rights of others; and
• is misleading or known to be false in any way.
f. Further, you undertake not to:
• conduct or forward surveys, contests, pyramid schemes or chain letters;
• engage in any activity that interferes with or disrupts access to the Website (or the servers and networks which are connected to the Website);
• attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any server, or through the Website, by hacking, password mining or any other illegitimate means;
• probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Website, to its source, or exploit the Website or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided on the Website;
• collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section;
• use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes our rights or rights of other third parties;
• 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; and
• violate the Terms of Use contained herein or elsewhere.
g. Except as expressly indicated herein, we hereby grant you a non-exclusive, freely revocable (upon notice from us), non-transferable access to view any content available on the Website, subject to the following conditions:
i. You may access the content solely for personal, informational, and internal purposes, in accordance with the Terms of Use;
ii. You may not modify or alter the content available on the Website;
iii. You may not distribute or sell, rent, lease, license or otherwise make any Content on the Website available to others; and
iv. You may not remove any text, copyright or other proprietary notices contained in the Content downloaded from the Website.
v. You are accessing the Website, the services provided therein and transacting at your sole risk and you will use your best and prudent judgment before entering into any transaction through the Website. Before placing an order on the Website, you will check the Product description carefully. By placing an order for a Product, you agree to be bound by the conditions of sale included in the Product’s description.
Intellectual Property Rights
a. The Website and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “Content”) on the Website is controlled by ACPL and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
b. The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of ITC or other respective third parties, as the case may be. You are not permitted to use the Marks without obtaining prior written consent from us or the said third parties, as the case may be.
Reviews, Feedback, Submissions
a. All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted on the Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain the property of ITC. Such disclosure, submission or offer of any Comments shall constitute an assignment to ITC of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. ITC (or any person appointed by ITC) will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
b. ITC shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you on the Website will not violate this Terms of Use or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
c. ITC does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. You grant ITC the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify ITC and its affiliates for all claims resulting from any Comments you submit or which is submitted from your Account. ITC and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Disclaimer of Warranties & Liability
You expressly understand and agree that, to the maximum extent permitted by applicable law:
a. The Website, Products and other Content are provided are on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, we make no warranty that, (a) the Website or Products will meet your requirements or your use of the Website will be uninterrupted, timely, secure or error-free; (b) the results that may be obtained from the use of the Website will be effective, accurate or reliable; (c) the quality of the Website and the Products sold therein will meet your expectations; or (d) any errors or defects in the Website will be corrected. No advice or information, whether oral or written, obtained by you from us shall create any warranty not expressly stated in the Terms of Use.
b. We have made every effort to display as accurately as possible the available Products, including in respect of their colour, size, shape and appearance, as accurately as possible. However, the actual colour, size, shape and appearance may have variations from the depiction on your mobile/computer screen.
c. We will have no liability related to any user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. We also disclaim all liability with respect to the misuse, loss, modification or unavailability of any user Content.
d. We will not be liable for any loss that you may incur as a consequence of unauthorized use of your Account or Account information in connection with the Website either with or without your knowledge.
We have endeavoured to ensure that all the information on the Website is correct, but we neither warrant nor make any representations regarding the quality, accuracy or completeness of any data, information regarding the Products or otherwise. We shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities 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, we 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 our control.
Electronic Communications
Grievance Redressal
Any discrepancies and grievances with respect to Website or any complaints in relation to the products may be informed to the Grievance Officer as mentioned below:
Email ID : fiama.support@analemma.co.in
Landline: 011-41169394;
Indemnity
You agree to defend, indemnify and hold harmless ITC and ACPL, their employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to ITC/ACPL or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under these Terms of Use or arising out of the your violation of any applicable laws.
Governing Law and Jurisdiction
These Terms of Use shall be construed in accordance with the applicable laws of India. The courts of Kolkata shall have exclusive jurisdiction to try disputes, if any, arising out of or related to these Terms of Use.
