Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions (‘Terms’).
By subscribing to or using any of our services, you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms and Conditions, you must not subscribe to or use any of our services.
These Terms and Conditions constitute a legally binding contract between the customer (‘YOU’) and LONGWOOD VENTURES PVT. LTD. (‘Cabuks’) and apply to the ordering, purchasing, fulfillment and delivery of goods from the domain name www.cabuks.com (‘Website’)
INTRODUCTION
www.cabuks.com (‘Website’) is an Internet-based content and e-commerce portal operated by LONGWOOD VENTURES PVT. LTD, a company incorporated under the laws of India.
Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. Any revisions to the said Terms and Conditions will be updated on this page and you agree to be bound by such revisions. www.cabuks.com at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
COMMUNICATIONS BY US
- As a condition of creating an account with Cabuks, you consent to us sending you Administrative Emails and Promotional Emails
‘Administrative Emails’ involve details of account activity and purchases you have made. - ‘Promotional Emails’ consist of product information, new offers and information about Cabuks. You may choose to opt-out of receiving Promotional Emails anytime by simply clicking the unsubscribe button at the bottom of our emails and following the instructions.
USER ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:
- Immediately notify cabuks.com of any unauthorized use of your password or account or any other breach of security
- Ensure that you exit from your account at the end of each session. cabuks.com cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
SERVICES OFFERED
LA MARCA provides a number of Internet-based services through the Web Site (all such services, collectively, the ‘Service’). One such service enables users to purchase original and exclusive branded footwear (collectively, ‘Products’). Upon placing an order, Cabuks shall ship the product to you and be entitled to its payment for the Services.
LIMITATIONS
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that Cabuks name is stated as the source and prior written permission is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or noncommercial purposes and unwarranted modification of data and information within the content of the Website is not permitted under any circumstance.
USER CONDUCT AND RULES
You agree and undertake to use the Website and the Service only to view, review and purchase the products listed as part of the website. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
- Conduct or forward surveys, contests, pyramid schemes or chain letters;
- Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- 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;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Violate any applicable laws or regulations for the time being in force in or outside India; and
- Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
- Exploit any of the services. We reserve the right to deprive individual customers of our Cash on Delivery payment option. Moreover, we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that customer conduct violates applicable law or is harmful to our interests.
- You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statements and/or comments about Cabuks, its associates and partners on any property owned by Cabuks.
SUBMISSION OF CONTENT
Cabuks welcomes user comments, information and submissions (collectively, Submission). Cabuks, however, does not assume any obligation with respect to any Submission and no confidential or fiduciary understanding or relationship is established by Cabuks receipt or acceptance of any Submission. All Submissions become the exclusive property of Cabuks and its affiliates. Cabuks and its affiliates may use any Submission without restriction and User shall not be entitled to any compensation.
NO COMPENSATION POLICY
If the quality of any products, services, information, or other material purchased or obtained by you through the Website did not meet your expectations, no compensation will be given other than the Return and refund or Exchange of the product. The customer cannot request compensation for any reason, including but not limited to: any variation in the finish or appearance of the final product; any delay in delivery caused by unforeseen circumstances; any special, incidental, indirect or consequential damage of any kind caused by a product; missed opportunities to avail certain discounts; any issue with our Delivery partners or their personnel; any voucher which got deactivated due to the end of expiry date; unavailability of items which the customer tried to purchase etc. Unreasonable and unlawful requests for compensation, over and above the entitled refund, will be treated as loss to business cases. Cabuks holds the rights to cancel orders and block accounts of such customers without any prior notice.
USER WARRANTY AND REPRESENTATION
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by Cabuks.
EXACTNESS NOT GUARANTEED
LA MARCA hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated or explicitly attributed to a third party, Cabuks owns all Intellectual Property Rights related to the Cabuks website and its content. This includes, but is not limited to, copyrights, patents, trademarks, trade names, service marks, designs, know-how, trade secrets, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce, or distribute any content from the Cabuks website without prior written authorization.
The compilation (meaning the collection, arrangement, and assembly) of all content on this website is the exclusive property of Cabuks and is protected by international copyright laws. All software used on this website is also the exclusive property of Cabuks and is similarly protected. The content and software available on this website are intended solely as a shopping resource. Any other use, including reproduction, modification, distribution, transmission, republication, display, or performance of the website’s content, is strictly prohibited.
Cabuks reserves all rights to take necessary legal action against any unauthorized use of its intellectual property.
PRICING
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at Cabuks discretion.
In accordance with our guidelines, prices might change when the stocks are replenished.
MISPRICING
Despite our best efforts, a small number of the items in our catalogue may be mispriced. However, we verify prices as part of our dispatch procedures.
If an item’s correct price is lower than our stated price, we charge the lower amount and send you the item.
If a product’s correct price is higher than our stated price, we will notify you of the same and request confirmation to proceed or cancel such order.
TERMINATION
Cabuks may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms.
If you or Cabuks terminates your use of the Website or any Service, Cabuks may delete any content or other materials relating to your use of the Service and Cabuks will have no liability to you or any third party for doing so.
You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever.
UNAUTHORIZED CHARGES ON YOUR CARD
If you see charges on your credit/debit card for purchases made on www.cabuks.com, but you never created an account or signed up, please check with your family members or business colleagues authorised to make purchases on your behalf, to confirm that they haven’t placed the order. If you’re still unable to recognize the charge, please report the unauthorized purchase within 15 days of the transaction to enable Cabuks to begin an investigation.
CANCELLATION OF FRAUDULENT ORDERS
To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Cabuks reserves the right to cancel all past, pending and future orders without any liability. Cabuks also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on website and stock unavailability. 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 your card has been charged, the said amount will be reversed to your Card Account. Any promotional voucher used for the cancelled orders may not be refunded.
The customer may be considered fraudulent if any of the following scenarios are met:
- Customer fails to produce adequate documents during the payment details verification
- Misuse of another customer’s phone/email
- Customer uses invalid email and phone no.
- Overuse of a voucher code
- Use of a special voucher not tagged to the email ID used
- Customer returns the wrong product
- Customer refuses to pay for an order
The customer may be considered loss to business if any of the following scenarios are met:
- Customer with a very high return rate
- Invalid/Incomplete address cases
- Repeated request for monetary compensation for petty issues
Account for the customers falling in fraudulent or loss to business category may be permanently blocked. Any gift credits earned through loyalty or referral program will be forfeited in such case.
CANCELLATION OF BULK ORDERS
Cabuks may cancel any orders that classify as ‘Bulk Order’ under certain criteria at any stage of the product delivery. An order can be classified as ‘Bulk Order’ if it meets with the below mentioned criteria, and any additional criteria as defined by Cabuks:
- Products ordered are not for self-consumption but for commercial resale
- Multiple orders placed for same product at the same address, depending on the product category
- Bulk quantity of the same product ordered
- Invalid address given in order details
- Any malpractice used to place the order
- Any promotional voucher used for placing the ‘Bulk Order’ may not be refunded
PROCESS FOR PILFERAGE CLAIM
- If a customer raises a complaint for partial item/partial orders through Customer Care
The customer is supposed to claim for pilferage within 48 hours of delivery failing which the claim will not be entertained - An Email will be sent seeking/providing following information:
- Short description of the case (A few questions will be asked to help us understand the scenario)
- The snapshots of the packet and other box (If any)(Try to cover the sides which look tampered/damaged as per the customer)
- The refund for prepaid orders will be done after investigation which usually requires 3-4 business day. The process will include investigation with the concerned departments
- The customer may not be liable for a refund if he/she falls in any of the scenarios stated below:
- Customer fails to provide adequate information about the case Customer fails to provide snapshots of the packet and box(if any)
- If an opened delivery was received, pilferage claims must be made the same day
- Customer must not dispose the packaging for 3-4 days post-delivery. We might need to pick- up your packaging for investigation at our end.
