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Welcome to TheBagSeller.com. TheBagSeller.com provide their
services to you subject to the terms and conditions given
hereunder. If you visit or shop at TheBagSeller.com, you
accept these terms and conditions. Please read them carefully.
In addition, when you use any current or future TheBagSeller.com service (e.g. Your Account/Profile, Gift Certificates, and
Your Reminder Service) or visit or purchase any product
TheBagSeller.com, whether or not included in the TheBagSeller.com web site, you will be subject to these guidelines and conditions
for such service or business. These terms and conditions
supersede all previous representations, understandings,
or agreements and shall prevail notwithstanding any variance
with any other terms of any order submitted. By using the
Shopping services of TheBagSeller.com you agree to be bound
by the Terms and Conditions. All products/services and information
displayed on TheBagSeller.com constitute an "invitation
to offer". Your order for purchase constitutes your
"offer" which shall be subject to the terms and
conditions as listed below. TheBagSeller.com reserves the
right to accept or reject your offer.
Definitions
"Agreement" means
the terms and conditions as detailed herein including all
schedules, appendices, annexures, privacy policy, and will
include the references to this agreement as amended, novated,
supplemented, varied or replaced from time to time.
"TheBagSeller.com”
/ “web site “ means the online shopping platform
and the services provided by it owned and operated by Carry-On
Fashion Stores which provides a venue to the users of TheBagSeller.com to buy the products listed on TheBagSeller.com.
"Customer" / "buyer"
shall mean the person or any legal entity who accepts the
offer for sale on TheBagSeller.com by placing an order for
and or purchases any products offered for sale on the platform
of TheBagSeller.com.
"User" / “you"
means and includes any person or an entity or any legal
entity using or accessing the services provided on this
site. “Product/Products” means and includes
any goods/merchandise/products/services/offers/display items
that are uploaded /showcased/displayed on TheBagSeller.com and the related description, information, procedure, processes,
warranties, delivery schedule, etc.
Electronic Communication
When you visit TheBagSeller.com or send e-mails to us, you are communicating with us electronically.
You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices
on this web site. You agree that all agreements, notices,
disclosures and other communications that we provide to
you electronically satisfy any legal requirement that such
communications be in writing.
Disclaimer
of warranties and limitation of liability
TheBagSeller.com has made
this service available to use as a matter of convenience.
TheBagSeller.com expressly disclaims any claim or liability
arising out of uploading of any obscene, vulgar or pornographic
images, photograph or a picture or altering or distorting
the images available under this service in an obscene, vulgar
or pornographic manner. TheBagSeller.com also disclaims
all warranties, express or implied, including, but not limited
to, implied warranties of merchantability and fitness for
a particular purpose. TheBagSeller.com does not warrant
that this site, its servers, or e-mail sent from TheBagSeller.com are free of viruses or other harmful components. TheBagSeller.com will not be liable for any damages of any kind arising from
the use of this site, including, but not limited to direct,
indirect, incidental, punitive, and consequential damages.
TheBagSeller.com will not
be responsible for any damage suffered by users from use
of the services on this site. This without limitation includes
loss of revenue/data resulting from delays, non-deliveries,
missed deliveries, or service interruptions as may occur
because of any act / omission/unavoidable circumstances
. This disclaimer of liability also applies to any damages
or injury caused by any failure of performance, error, omission,
interruption, deletion, defect, delay in operation or transmission,
computer virus, communication line failure, theft or destruction
or unauthorized access to, alteration of, or use of record,
whether for breach of contract, tortuous behaviour, negligence,
or under any other cause of action.
User agrees and acknowledges
that user shall be solely responsible for user's conduct
and that TheBagSeller.com reserves the right to terminate
your rights to use the service immediately, notwithstanding
penal provisions under the Indian cyber laws or any other
allied laws enacted by the government of India or any other
statutory, legislative or regulatory authority authorized
in this regard from time to time. In no event shall TheBagSeller.com,
its affiliates, employees, agents, consultants, contracted
companies be liable for any direct, indirect, punitive,
incidental, special or consequential damages or for any
damages whatsoever 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 TheBagSeller.com sites/services for interrupted communications, delay, lost
data or lost profits arising out of or in connection with
this agreement.
TheBagSeller.com therefore
neither endorses nor offers any judgment or warranty and
accepts no responsibility or liability for the authenticity/availability
of any of the goods/services/or for any damage, loss or
harm, direct or consequential or any violation of local
or international laws that may be incurred by your visit
and/or transaction/s on these sites.
TheBagSeller.com shall not
be liable for any delay / non-delivery of purchased goods
, due to flood, fire, wars, acts of God or any cause that
is beyond the control of TheBagSeller.com
Not with standing anything
contained herein, TheBagSeller.com acts only as trader/dealer/agent
/online web store platform provider to facilitate buyers
and sellers and shall in no way be responsible for any quality
of product, damages, losses, expenses and/or taxes incurred
by Users for the products. In no event shall TheBagSeller.com,
its directors, officials, representatives and employees
be liable for any damages relating to products sold through
its website.
All prices, unless indicated
otherwise are in Indian Rupees. The availability of products
is subject to change without prior notice at the sole discretion
of TheBagSeller.com.
TheBagSeller.com reserves the right to refuse or cancel
any order placed for a product that is listed at an incorrect
price. This shall be regardless of whether the order has
been confirmed and/or payment been levied via credit card.
In the event the payment has been processed by TheBagSeller.com the refund amount shall be credited to your credit card
account and duly notified to you by email.
In a credit/debit card transaction, you must use a credit
/debit card that is issued in the name of the User. TheBagSeller.com will not be liable for any credit/debit card fraud because
of the card being used fraudulently. The liability to use
a card/debit or a net banking transaction fraudulently will
be on the User and the onus to 'prove otherwise' shall be
exclusively on the User.
In the event that a non-delivery
occurs on account of a mistake by you (i.e. wrong name or
address) any extra cost incurred by TheBagSeller.com for
redelivery shall be claimed from the User placing the order.
All Presently, the service(s) of TheBagSeller.com Shopping are being offered free. However, TheBagSeller.com reserves the right to charge a fee for any or such facilities.
License and Site
Access
TheBagSeller.com grants you a limited license to access
and make personal use of this site and not to download (other
than page caching) or modify it, or any portion of it, except
in case TheBagSeller.com gives consent for the same. This
license does not include any resale or commercial use of
this site or its contents; any collection and use of any
product listings, descriptions, or prices; any derivative
use of this site or its contents; any downloading or copying
of account information for the benefit of another merchant;
or any use of data mining, robots, or similar data gathering
and extraction tools. This site or any portion of this site
may not be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial purpose
without express written consent of TheBagSeller.com. You
may not frame or use framing techniques to enclose any trademark,
logo, or other proprietary information (including images,
text, page layout, or form) of TheBagSeller.com and our
affiliates without express written consent. You may not
use any meta tags or any other "hidden text" and
TheBagSeller.com's name or trademarks without the express
written consent of TheBagSeller.com. Any unauthorized use
terminates the permission or license granted by TheBagSeller.com.
You are granted a limited, revocable, and nonexclusive right
to create a hyperlink to the home page of TheBagSeller.com as long as the link does not portray TheBagSeller.com, its
affiliates, or their products or services in a false, misleading,
derogatory, or otherwise offensive matter or having a right
to ownership of the same in any form. You may not use any
TheBagSeller.com logo or other proprietary graphic or trademark
as part of the link without express written permission.
Your Account
If you use this site, you are responsible for maintaining
the confidentiality of your account and password and for
restricting access to your computer, and also you agree
to accept responsibility for all activities that occur under
your account or password. TheBagSeller.com does sell products
for children, but it sells them to adults, who can purchase
with a credit card. If you are under 18, you may use TheBagSeller.com only with involvement of a parent or guardian. TheBagSeller.com and its affiliates reserve the right to refuse service,
terminate accounts, remove or edit content, or cancel orders
in their sole discretion.
Reviews, Comments,
Communications, and other Content
Visitors may post reviews, comments, and other content;
and submit suggestions, ideas, comments, questions, or other
information, so long as the content is not illegal, obscene,
threatening, defamatory, invasive of privacy, infringing
of intellectual property rights, or otherwise injurious
to third parties or objectionable and does not consist of
or contain software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings, or any form
of "spam." You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as
to the origin of a card or other content. TheBagSeller.com reserves the right (but not the obligation) to remove or
edit such content, but does not regularly review posted
content.
If you do post content or submit material, and unless we
indicate otherwise, you grant TheBagSeller.com and its affiliates
a nonexclusive, royalty-free, perpetual, irrevocable, and
fully sub licensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute,
and display such content throughout the world in any media.
You grant TheBagSeller.com and its affiliates and sub licenses
the right to use the name that you submit in connection
with such content, if they choose. You represent and warrant
that you own or otherwise control all of the rights to the
content that you post; that the content is accurate; that
use of the content you supply does not violate this policy
and will not cause injury to any person or entity; and that
you will indemnify TheBagSeller.com or its affiliates for
all claims resulting from content you supply. TheBagSeller.com has the right but not the obligation to monitor and edit
or remove any activity or content. TheBagSeller.com takes
no responsibility and assumes no liability for any content
posted by you or any third party.
Suspension due to Non-Compliance with Agreement
Notwithstanding other legal remedies that may be available
to TheBagSeller.com, TheBagSeller.com may in its sole discretion
limit user activity by immediately removing user listing
either temporarily or indefinitely or suspend or terminate
user membership, and/or refuse to provide user with access
to the site:
If the user is in breach any of the terms and conditions
of this agreement and/or the terms and conditions of usage
of TheBagSeller.com :
If the user has provided wrong, inaccurate, incomplete
or incorrect information;
If your actions may cause any harm, damage or loss to the
other users or TheBagSeller.com.
Illegal and/or unauthorized use of the service, including
unauthorized framing of or linking to the TheBagSeller.com site will
be investigated, and appropriate legal action will be taken,
including without limitation, civil, criminal and injunctive
redress.
Risk of Loss
All items purchased from TheBagSeller.com are made pursuant
to a shipment contract. This means that the risk of loss
and title for such items pass to you upon our delivery to
the carrier.
Product Description
TheBagSeller.com attempt to be as accurate as possible.
However, TheBagSeller.com does not warrant that product
descriptions or other content or prices/amounts of this
site is accurate, complete, reliable, current, or error-free.
If a product offered by TheBagSeller.com itself is not as
described, your sole remedy is to return it in unused condition.
Force Majeure
TheBagSeller.com shall have no liability to you for any
interruption or delay in access to the Site irrespective
of the cause
Entire Agreement
These Terms of Service constitute the entire agreement between
the parties with respect to the subject matter hereof and
supersedes and replaces all prior or contemporaneous understandings
or agreements, written or oral, regarding such subject matter.
The clauses as above shall survive the termination or expiry
of this agreement.
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