Terms and Conditions
THIS DOCUMENT IS PUBLISHED IN COMPLIANCE OF AND SHALL BE GOVERNED BY INDIAN LAW, INCLUDING BUT NOT LIMITED TO (I) THE INDIAN CONTRACT ACT, 1872; (II) THE INFORMATION TECHNOLOGY ACT, 2000, THE RULES, REGULATIONS, GUIDELINES AND CLARIFICATIONS FRAMED THEREUNDER INCLUDING THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL INFORMATION) RULES, 2011, AND THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011;
THIS DOCUMENT IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS DOCUMENT DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
Surmaye is the sole and absolute owner of the trade mark and brand name “Surmaye” and domain www.surmaye.com and any other subsequent web/mobile application (the “Site”). Surmaye respects your privacy and the same is maintained as per the Privacy Policy. As a visitor to the Site and user (customer) of the services at the Site you are advised to please read these Terms and Conditions (Terms) carefully and access the Site. For the avoidance of doubt, please note that references to the Site in these Terms include any current or future version of the Site. By accessing the Site, you agree to these Terms. If you do not agree to these Terms (without modification), you are advised to not access or use the Site. Please note that any reference to Surmaye at the Site shall mean to refer and include its affiliates, group companies, agents, officers and employees.
You represent and warrant that you are at least thirteen (13) years of age or older, or are visiting the Site under the supervision of a parent or guardian.
Ordering Process and Pricing
The Site displays a list of varied merchandise and offers for sale, including but not limited to products in the territory of India and Internationally. All purchases made on the Site are subject to Surmaye’s acceptance, which is in its sole discretion. Without limitation, this means that Surmaye may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. Without limiting the foregoing, Surmaye reserves the right to refuse to accept or cancel any orders which are to be shipped to any freight forwarding or similar service, whether or not the order has been confirmed. If your credit/debit card has already been charged for a purchase that is subsequently cancelled, the Site shall issue a credit to your credit/debit card account.
In case a Product appears out of stock, feel free to write to Surmaye at any of the contact information provided herein in order to get notified about the re-stocking of the said Product.
Pricing
The prices listed on the Site for the Product are inclusive of GST for orders shipped within India. You will be liable to pay any taxes, duties or shipping charges for international orders. You will be required to make payment of the final invoiced amount of such price including delivery/handling charges or other additional sums that form part of the final invoice. Surmaye makes every attempt to properly price all Products, but errors may occasionally occur. These pricing errors may result in a lower or higher stated price on the Site. Surmaye reserves the right to cancel orders which include a pricing or discount error.
Ownership of Intellectual Property
All trademarks, service marks and trade names of “Surmaye” used in the Site, are registered under the laws of India. They may not be used without Surmaye’s prior written permission. Any other intellectual property on the Site, including but not limited to patents, design rights, issued or pending, are the sole property of Surmaye and/or its licensors.
Intellectual Property
The Platform and its content, including but not limited to text, graphics, logos, images, and software, are protected by Indian and international copyright laws. The User may not use, reproduce, distribute, or create derivative works from the Platform or its content without the prior written consent by Surmaye.
Disclaimer of Warranty
Surmaye provides its products "as-is", without any warranty of any kind, whether expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Surmaye does not warrant that its products will meet your requirements, or that the operation of its products will be uninterrupted or error-free. Surmaye also does not make any representations regarding the use or results of the use of its products in terms of their accuracy, reliability, or suitability for any particular purpose.
In no event shall Surmaye be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use its products, even if Surmaye has been advised of the possibility of such damages.
By purchasing Surmaye products, you acknowledge that you have read and understood this disclaimer, and agree to the terms and conditions outlined herein.
Returns/Exchange/Refund/Cancellation
We strive to achieve the highest production quality and also work closely with our delivery partners to ensure that you receive your pieces in a timely fashion and in great condition. However, in case you have an issue with the garment that you receive, please follow our policy below:
We do not offer refunds, but your product is eligible for an exchange or store credit if it satisfies the following conditions:
- An incorrect garment has been delivered to you, not matching your order confirmation.
- The garment you purchased has been delivered with a manufacturing defect.
- The garment is not of the right size (in which case, it is eligible for a size exchange only, in the same piece).
Please note the following exclusions to the return/ exchange eligibility:
- International orders
- Any garment which has been customised for size, colour, etc.
- Sale items
- Slight irregularities in color and texture due to the handwoven nature of the fabric and techniques , which lend a unique beauty to your purchases
- Slight variations in colour due to possible differences in rendering across screens.
If your garment meets the above criteria, please email us at info@surmaye.com, sharing the following details:
- Order number
- Delivery address
- Reason for the exchange request, sharing images in case of a defective or incorrect piece.
Our team will verify the request, after which we will email or contact you for necessary action. The product must be received within ten days from the day of contact from our team, at the address below:
A-3201, Oberoi Exquisite, Oberoi Garden City,
Goregaon East, Mumbai – 400063,
Maharashtra
Please ensure that the product you return is unused and that the original packaging and tags are in place.
Constructive Feedback
In case a Product appears out of stock, feel free to write to Surmaye at any of the contact information provided herein in order to get notified about the re-stocking of the said Product.
Where you post any review, submission, feedback or comment or any statement of such nature on the related link, such content shall be posted publicly on the Site on the sole discretion of Surmaye and shall not be subject to any alteration or modification or moderation by Surmaye or its members. You agree that Surmaye is free to use any comments, information or ideas contained in any communication you may send to the Site or submit to the Site without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing Products and services and creating, modifying or improving the Site or other products or services.
Surmaye encourages constructive feedback for constant improvements but does not and cannot review all communications and materials posted to or created by you who is using or accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute (for non-commercial purposes) the contents of the Site, the Site is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any user-related content or activities on the Site. You may not post or otherwise distribute content to the Site which Surmaye in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of Surmaye or another party, illegal, or otherwise objectionable to Surmaye. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with the laws of India. You irrevocably submit to the exclusive jurisdiction of the courts of Mumbai. This does not prevent Surmaye from making an application to any court of competent jurisdiction to obtain an interim remedy (including any injunction) at law or in equity in relation to any dispute that arises in relation to these Terms.
Complaints and resolution mechanism
Surmaye shall endeavour to resolve any complaint and dispute, that may arise on account of your online purchase of the Product, technical difficulty or with respect to the services received. Complaints pertaining to the Products shall be forwarded to Surmaye at the email address info@surmaye.com for further review, investigation and response. You must follow the return process as mentioned to claim an exchange of the Product or refund of the amount paid as per the Refund Policy.