Terms and Conditions

Note: This document is an electronic record under Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published and shall be construed in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.cosmeticka.com website.

1. User Agreement

Your use of www.cosmeticka.com and all the web-pages, hyper-links, tools and services provided thereunder (hereinafter referred to as "the Website" which expression shall include any successor or replacement website(s)) is governed by the following terms and conditions as applicable to the Website ("User Agreement"). This User Agreement shall come into effect upon each visit or usage of the Website, or upon your registration, or upon you providing any information on the Website.

1.1 Contracting Party

In this User Agreement, you are contracting with Cosmeticka Pvt Ltd., a company incorporated under Companies Act, 2013 with its registered office at [Your Registered Office Address], hereinafter referred to as "the Platform" which expression unless the context otherwise require shall mean and include its successors, liquidators and assigns.

1.2 Definitions

For the purpose of the User Agreement, "Registered User", "Visitor", and wherever the context may so require, "You" shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as a Registered User using the computer systems of the Website, or who has used the Website without becoming a Registered User. A Registered User is one who has allocated himself a unique identification user name ("User ID" and "Password").

1.3 Acceptance of Terms

As a Registered User, this User Agreement shall be effective and binding upon your 'acceptance'. "Acceptance" shall mean your affirmative action in clicking on the 'check box' and/or on the 'continue' button and/or or any affirmative action as provided on the registration page or using or accessing the Website through logging in by Your third party website user ID and password. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not click on the 'check box' or on the 'continue' button or any other button and do not seek to obtain access to or otherwise use the Website.

2. Amendments to the User Agreement

The Platform may amend this User Agreement at any time by posting a revised version on the Website. The revised version will be effective at the time Platform posts it on the Website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement.

3. Important Disclaimers

The following disclaimers are the key to determining any relationship between You and the Platform for Your use of the Website and for Platform providing any services on the Website.

  • Platform and its suppliers, affiliates and service providers provide the Website and services on "as is" basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
  • The responsibility of the correctness of the declarations displayed on the Platform in relation to the products shall lie with You.
  • The Platform makes no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content provided by the Merchants.
  • The Website is only a venue where users may meet and interact with one another for their transactions. Platform is not and cannot be a party to or control in any manner any transaction between users of the Website.
  • Platform neither recommends You to buy or sell any goods or services on the Website nor endorses any such goods or services nor provides any guarantee, warranty or assurance with respect to any goods or services made available on the Website.
4. Electronic Communications

When You use the Website or send emails or other data, information or communication to the Platform, You agree and understand that You are communicating through electronic records which are legally identifiable and enforceable, and You consent to receive communications via electronic records.

5. Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" including minors, un-discharged insolvents etc. are not eligible to use the Website. Platform reserves the right to terminate your membership if it is discovered that you are under the age of 18 years or are otherwise "incompetent to contract".

6. Your Account and Registration Obligations

If you use the Website as a Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree to provide true, accurate, current and complete information about yourself.

7. Fees and Services

Membership and browsing on the Website is free. The Platform through various third party service providers engages in order fulfilment services for orders placed on the Website and may charge a nominal fee for the same. All additional fees that may be charged shall be visible for confirmation on the order checkout page.

8. Use of the Website

You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:

  • You shall not 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 to
  • You shall not post any content that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, invasive of another's privacy, hateful, or racially or ethnically objectionable
  • You shall not post any content that harms minors in any way
  • You shall not infringe any patent, trademark, copyright or other proprietary rights
  • You shall not violate any law for the time being in force
  • You shall not deceive or mislead users about the origin of such messages
  • You shall not impersonate another person
  • You shall not contain software viruses or any other computer code designed to interrupt, destroy or limit the functionality of any computer resource
9. Platform for Communication

The Website is only a venue where users may meet and interact with one another for their transactions. Platform is not and cannot be a party to or control in any manner any transaction between two users of the Website.

10. Privacy

The Platform collects, stores, processes and use Your information in accordance with Platform Privacy Policy. By using the Website and/ or by providing your information, you consent to the collection and use of the information you disclose on the Website by Platform in accordance with the Privacy Policy.

11. Limitation of Liability

In no event shall Platform or its affiliates and service providers be liable for any indirect, incidental, special, incidental, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement.

12. E-Coupons

The Terms and Conditions laid down here shall be applicable on all the E-Coupons used across the website:

  • E-Coupons can be redeemed only on purchases made through the Website
  • One E-Coupon can be used only for one purchase
  • E-Coupons carry no cash value and cannot be transferred
  • Platform reserves the right to cancel any misused E-Coupons
Grievance Officer

In accordance with Information Technology Act 2000 and rules made there under, the Grievance Officer details are:

Name: Cosmeticka

Address: 1522/13, Govindpuri, Kalkaji New Delhi -110019

Phone: 7678315823

Email: cosmetikakart@gmail.com

13. Governing Law

This User Agreement and all the rules and policies contained herein and any of Your usage of Website shall be governed and construed in accordance with the laws of India.

14. Arbitration

Any disputes shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Platform. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The place of arbitration shall be Jaipur, Rajasthan.