Terms of Use

 

INTRODUCTION

Welcome to www.gaaba.co.in ,the official website of label GAABA by Rajkumar's of Shree Padma Merchants Private Limited, having their registered office at Rajkumar's, 28B,Shakespeare Sarani,Neelamber Building,Ground Floor, Kolkata-700017. This website is owned and operated by Shree Padma Merchants Pvt. Ltd. . ‘RAJKUMAR’S’, is the registered trademark of Shree Padma Merchants Private Limited. Gaaba.co.in shall provide services to you subject to the following conditions. If you visit or shop at Gaaba.co.in, you accept these conditions. Please read the following terms and conditions very carefully as your use of service are subject to your acceptance of and compliance with the following terms and conditions ("Terms") since the Terms constitute a binding contract between you and us. In addition, when you use any current or future Gaaba.co.in service or visit or purchase from any business affiliated with Gaaba.co.in, whether or not included in the Gaaba.co.in the Web site, you shall be subject to the guidelines and conditions applicable regardless of how you subscribe to or use such service or business. If you do not want to be bound by the Terms, you must not subscribe to or use our services. The Terms are effective upon acceptance and govern the relationship between you and us including the sale and supply of any Product(s) on our Website. In the event the Terms conflict with any other document / policy / content on our Website, the Terms will prevail over them, for the purposes of usage of the Website. If you do not agree to be bound by the Terms and the Privacy Policy, you may not use our Website in any way and should exit immediately. The terms & conditions set out in this Website may be altered / amended from time to time depending on the policies of GAABA by Rajkumar’s and the prevailing market conditions. GAABA by Rajkumar’s requests you to read and understand them as often as possible as it may not be possible for Rajkumar’s to intimate you on every change that occurs in these terms & conditions.

ACCURACY OF CONTENT

We have taken every care in the preparation of the content of this Website, in particular, to ensure that prices quoted are correct at time of publishing and all products have been fairly described. All prices are displayed inclusive of GST. Packaging may vary from that shown on the product details page. We have made every effort to display as accurately as possible the colours of our products that appear on the Website. However, as the actual colours you see will depend on the settings on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery. Also in the case of Assortments/Prints/Checks, the actual product delivered may vary in measurement, colour and design as per the availability. To the extent permitted by applicable law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this Website. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website.

ELIGIBILITY TO USE

Use of the Website www.gaaba.co.in is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor, if you wish to use or transact on our Website, such use or transaction on the Website shall be made by your legal guardian or parents. GAABA by Rajkumar’s reserves the right to terminate your subscription and / or refuse to provide you with access to the Website if it is discovered that you are under the age of 18 years.

You may not have more than one account. Maintaining more than one account by a user shall amount to fraudulent act on the part of the user and attract actions against such user in accordance with the terms of the clause relating to Fraudulent Transactions (below). If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms. Additionally, you are prohibited from selling, trading, or otherwise transferring your www.gaaba.co.in account to another party. GAABA by Rajkumar’s owns no responsibility in any manner over any dispute arising out of transactions by any third party using your account/e-mail provided by you to GAABA by Rajkumar’s or payments made by your credit card by any third party. Unless otherwise specified, the materials on this Website are directed solely at those who access this web from India. We make no representation that any products or services referred to in the materials on this web are appropriate for use, or available outside India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. We will deliver the products only within in India and will not be liable for any claims relating to any products ordered from outside India. We retain the right to accept or reject the order.

PRIVACY

Please review our Privacy Policy, which also governs your visit to gaaba.co.in, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit gaaba.co.in 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 site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement in relation to such communications.

SMS/WHATSAPP COMMUNICATION

On registering in our website, you agree that we may use your registered mobile number on the Website to send Transaction related SMS/WhatsApp to you. You also grant us permission that we may send you any Transaction related SMS/WhatsApp irrespective of having DND services activated on your mobile.

TRADEMARKS

‘RAJKUMAR’S’ is the Registered Trademark of SHREE PADMA MERCHANTS PRIVATE LIMITED. Any violation of trademarks rule shall be liable for legal action. If you come across any abuse or violation of these Terms, please report to info@gaaba.co.in .

OWNERSHIP OF RIGHTS

The compilation of all content on this site is the exclusive property of Shree Padma Merchants Private Limited, Kolkata. All software used on this site is the property of Shree Padma Merchants Private Limited, Kolkata or its software suppliers. All rights, including copyright, in this Website, are owned by or licensed to us. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission. You are prohibited from modifying, copying, distributing, transmitting, displaying, printing, publishing, selling, licensing, creating derivative works or using any content available on or through our Website for commercial or public purposes. You may not modify, distribute or re-post something on this Website for any purpose. The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of RAJKUMARS protected by copyright as a collective work under the applicable copyright laws. GAABA, Rajkumar’s, GAABA BY RAJKUMARS, Gaaba.co.in, Rajkumars.in, Rajkumar’s logo, GAABA by Rajkumar's Logo and Figure logo, and all other trademarks, logos and trade names used on this Website are trademarks of SHREE PADMA MERCHANTS PRIVATE LIMITED, whether registered or not. Rajkumar's owned a copyright in the selection, coordination, arrangement and enhancement of such content, as well as copyright or license to use in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download / print / save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of GAABA BY RAJKUMARS is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on our Website or a website otherwise owned or operated in conjunction with GAABA BY RAJKUMARS shall not be deemed to be in the public domain but rather the exclusive property of GAABA BY RAJKUMARS, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of GAABA BY RAJKUMARS, unless otherwise stated.

GAABA BY RAJKUMARS does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Website, you warrant that the owner of such material has expressly granted GAABA BY RAJKUMARS the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that end user's personal use. You hereby grant GAABA BY RAJKUMARS, the right to edit, copy, publish and distribute any material made available on the Website by you.

If you come across any abuse or violation of these Terms, please report to info@gaaba.co.in

SITE ACCESS

Gaaba.co.in grants you limited permission 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. This permission 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 shall not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of gaaba.co.in. You shall not use any proprietary information (including images, text, page layout, or form) of gaaba.co.in and our affiliates without express written consent. You shall not use any metatags or any other "hidden text" utilising gaaba.co.in's name or trademarks without the express written consent of gaaba.co.in. Any unauthorised use terminates the permission granted by gaaba.co.in . You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of gaaba.co.in so long as the link does not portray gaaba.co.in, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You shall not use any gaaba.co.in's logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT & OBLIGATIONS

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 you agree to accept responsibility for all activities that occur under your account or password. Gaaba.co.in and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. In consideration of your use of our Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by our Website’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or 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 our Website (or any portion thereof). You undertake to indemnify and keep indemnified GAABA by Rajkumar’s for any loss, claim, damage, costs (including legal and professional costs) relating to any abuse or violation including those aforesaid.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content; send other communications; 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 shall 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. Gaaba.co.in reserves the right (but not the obligation) to remove or edit such content, -. If you do post content or submit material, and unless we indicate otherwise, you grant Gaaba.co.in and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable 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 Gaaba.co.in and its affiliates and sublicensees 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 Gaaba.co.in or its affiliates for all claims resulting from content you supply. Gaaba.co.in has the right but not the obligation to monitor and edit or remove any activity or content. Gaaba.co.in takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All items purchased from Gaaba.co.in 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 PROPERTIES AND WASH CARE

Gaaba.co.in and its affiliates attempt to be as accurate as possible. However, Gaaba.co.in does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product offered by Gaaba.co.in itself is not as described on the site, your sole remedy is to return it in unused condition. The subtle variations in color, measurement, texture and finish are intrinsic to hand made products. Our products involve crafts-based traditions of hand spinning, dying, weaving, wood block printing and embroidery. We use both vegetable dyes and commercial dyes with the goal of minimising our impact on the environment while striving for the best colour properties. An irregular weave or print is not a defect - handloom by definition means uncertainty when it comes to uniformity. We have done our best to display as accurately as possible the colours of the products shown on this Website. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate. GAABA by Rajkumar’s recommends dry wash only for the good listing of products it offers on its website and stores.

QUANTITY RESTRICTIONS

We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to anyone as we may deem fit.

PRICING

The prices displayed on this site are quoted in Indian Rupees which you can view in your preferred currency using the currency converter link. This currency converter is only indicative and a value added tool. The actual amount to be paid by you will be the equivalent amount in the currency of your credit card, as per the conversions are done by your bank / credit card provider on the date of billing. Except where noted otherwise, the List Price displayed for products on our website, whether in Foreign Currency or Indian Rupees represents the full price of the product and international shipping charges, unless specified otherwise in the Shipping Fees.With respect to items sold on Gaaba.co.in, we charge your credit card before your order has entered the shipping process. For any reason, if we are not able to ship your products as per your order, we will intimate you electronically and refund the value of the products not available. Any additional Shipping Fees, if applicable, will not be refunded. Despite our best efforts, a small number of the items in our catalogue may be mispriced.If we discover a mispricing, we will do one of the following :-

If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item. 
If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We may charge online handling fees or any other charges in the invoice depending upon the order but this will be already included in the price quoted on the site.

Please note that this policy applies only to products sold and shipped by Gaaba.co.in.

SHIPPING

All of GAABA by Rajkumar’s orders are shipped door-to-door from our warehouse in Kolkata, India to your provided shipping address through our delivery partners.
Shipping destinations offered by Gaaba.co.in for delivery will be extended and updated from time to time and listed online. We do not ship backorders. We aim to keep every item on our website in stock. If there is an item which you purchase and then we realise this item is not available, we will promptly inform you within 2 working days of your purchase and do whatsoever agreed upon.We can only process one shipping address per order. So, if you would like to order several items and ship to different people, please treat these as separate orders. We cannot ship to Post Office Box addresses and take no responsibility for non-delivery of orders in case the delivery address includes P. O. Box details in any part or form.Delivery Partner will attempt delivery 2 times at the delivery address specified by you in the order before they contact us that your package is not deliverable. You can track the package through the Order Tracking facility. If the package status is shown as undeliverable please call their Customer Care & Service and quote your tracking number to trace your package. For more information, Please review our Shipping & Delivery Policy at regular intervals, which also governs your visit to Gaaba.co.in, to understand our practices that changes from time to time.

CANCELLATION BY GAABA

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by the Bank’s or Payment Gateway’s credit and fraud detection department. 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 you have paid the amount, the said amount will be reversed back in your Bank or Credit Card Account, as per our Refund policy. We will seek authorization on your Card for the full amount of the order placed by you, however, we may charge your card (capture) only for the amount corresponding to the actual portion of the order that we are able/willing to fulfil, and any associated shipping charges/taxes and levies etc. Any surplus amount, for which we might have originally sought and received an authorization on your card from your Card Issuer, if not captured by us in the time period stipulated by our Merchant Banker, will not be captured / charged. If however the same is charged to your card / bank account in error, we will refund it as soon as the same is realised by us or brought to our notice, whichever is earlier. We reserve the right to capture / charge your card to the full or partial authorised amount for the concerned order.

CANCELLATION BY CUSTOMER

In a case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. A request for cancellation of an order shall be valid and accepted only if they are made as per the timelines / events mentioned below. We will not be able to cancel orders that have already been processed or orders for which request for cancellation is made after the expiry of such timelines / events as mentioned below. We have the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by us and accept our decision regarding the cancellation. In the event of cancellation of the order by the customer, we shall not refund the voucher, if any used against such order.

TIMELINES / EVENTS

As per the policies of GAABA BY RAJKUMAR'S, cancellations are allowed in following situations :-

  1. If you intend to cancel your order before it has been dispatched for delivery, you are required to call our Customer Support Center at 033-40655290 / 7044033320.
  2. You can return your order after the same has been delivered to your address. Please refer to the Returns and Refund Policy for details relating to the same.
  3. You cannot cancel your order after the same has been dispatched from our warehouse. However, you may refuse to accept the consignment if you wish to cancel the order. You may call our Customer Support Center at 033-40655290 to intimate us about such refusal.

CREDIT CARD DETAILS

You agree, understand and confirm that the credit card details provided by you for availing of services on our Website will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details when making payment on our Website. We do not be store any information related to your Credit card/ Debit card or net banking. In case we do not receive an authorization from the respective bank or the transaction gets interrupted due to any reason, the transaction will be treated as failed and no order will be processed for that transaction. In this case, if any amount has been deducted from your account, the same will be credited back. We shall not be liable in any event, for any credit card fraud that occurs to you. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.

FRAUDULENT / DECLINED TRANSACTIONS

Our payment partner’s (being the Payment Gateways and facilitators and Banks) and our fraud detection team constantly monitor your account in order to avoid fraudulent accounts and transactions. Users availing discount coupons or vouchers fraudulently shall be liable for legal actions under the law and we reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using our Website fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of our Website and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined the transaction, prior to initiation of legal actions, we reserve the right to immediately delete such user account(s) and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.

EXCHANGES, RETURNS AND REFUNDS

As a Return policy, We do not offer returns or exchanges on products that are delivered in perfect condition as per the order placed. Given the nature of our products, We reserve the sole discretion to provide the resolution to any situation as we deem fit. We are at sole discretion to make the refund to you or not or in what mode as we deem fit. For more information, Please review our Returns & Payments Policy at regular intervals, which governs your visit to Gaaba.co.in, to understand our practices that changes from time to time.

SIZING

The fit of our clothing depends on the cut, fabric and style of each garment. Some garments are designed to have a looser, relaxed fit and some garments are styled to be more fitted. Please review our sizing guide to select the size best suited to you. There might be some diffreneces in measurement of the apparels or clothes given in the size chart because we know that clothes or apparels are hand stitched or stitched on sewing machine controlled manually.

DUTIES AND TAXES

All of GAABA by Rajkumar’s orders are shipped nationally / internationally from our warehouse in Kolkata, India to your provided shipping address through our delivery partners. In the case of international shipping, occasionally a customer may have to pay additional import duties and taxes which are levied once a shipment reaches your country. The large majority of orders will not have to pay any additional fees. However, we are unable to calculate when and how much these infrequent customs duty charges will be levied. In the case where additional customs charges are assessed, you will be responsible for paying these additional fees. To make your shopping experience as seamless as possible, we have arranged with Our Delivery Partners to coordinate with customs to clear your goods for you and deliver them to your doorstep. If you are presented with an invoice for import duties and taxes, you will have to pay them directly at the time of delivery. GAABA by Rajkumar’s takes no responsibility for non-delivery of orders in case such taxes and duties are not accepted and settled by the recipient at the delivery address and will not provide any refunds in such cases.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This site is provided by Gaaba.co.in on an "as is" and "as available" basis. Gaaba.co.in makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, Gaaba.co.in disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Gaaba.co.in does not warrant that this site, its servers, or e-mail sent from Gaaba.co.in are free of viruses or other harmful components. Gaaba.co.in 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.

INDEMNIFICATION

You agree to defend, indemnify and hold us and our employees, proprietor/directors, officers, agents and their successors and assigns, harmless from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of or relating to claims based upon your actions or in-actions, which may result in any loss or liability to us or any third party, including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under these Terms of Use or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of these Terms of Use.

APPLICABLE LAW

By visiting Gaaba.co.in, you agree that the laws of India, under the jurisdiction of the Kolkata Court, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Gaaba.co.in or its affiliates. In the event of any dispute or difference either in interpretation or otherwise, of any terms of these Terms of Use, the same shall be referred to an independent arbitrator who will be appointed by GAABA BY RAJKUMAR'S and such Arbitrator’s decision shall be final and binding on you. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended time to time. The arbitration shall be conducted in English language and shall be held in Kolkata.

DISPUTES

Any dispute relating in any way to your visit to Gaaba.co.in or to products you purchase through Gaaba.co.in shall be submitted to confidential arbitration in Kolkata, India, except that, to the extent you have in any manner violated or threatened to violate Gaaba.co.in's intellectual property rights, Gaaba.co.in may seek injunctive or other appropriate relief in any court in India or internationally, and you consent to exclusive jurisdiction and venue of such courts. Arbitration under this agreement shall be conducted under the rules then prevailing under the Indian Arbitration Act. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Site policies, modification, and severability Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to Gaaba.co.in. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.