Terms of Use for access or usage of Bags n Soles Online platform – www.bagsnsoles.com (hereinafter referred to as “Platform”)
Your use of the Bags n Soles and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Bags n Soles including the applicable policies which are incorporated herein by way of reference. By mere use of the Bags n Soles, You shall be contracting with High n Creative Pvt Ltd , the owner of the Platform. These terms and conditions including the policies constitute Your binding obligations, with Bags n Soles.
For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on Platform by providing data while registering on the Platform as Registered User. The term “Bags n Soles”,”We”,”Us”,”Our” shall mean High N Creative Private Limited and its affiliates.
When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Bags n Soles Policies including but not limited to Privacy Policy as amended from time to time.
1. User Account, Password, Transactions and Security:
If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.
- You agree to
- retain a copy of transaction records (Online Payments)
- immediately notify Bags n Soles of any unauthorized use / breach of your password or account and
- ensure that you exit from your account at the end of each session.
2. Services Offered:
Bags n Soles provides a number of Internet-based services through the Platform. One such Service enables Users to purchase original merchandise such as footwear, bags and accessories from various fashion and lifestyle brands (collectively, “Products”). The Products can be purchased through the Platform through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. It is clarified that at the time of creating a return request, users are required to confirm (via a check box click) that the product being returned is unused and has the original tags intact. If the product returned by the user is used, damaged or if the original tags are missing, the user’s return request shall be declined, and the said product shall be re-shipped back to the customer. In the event that the return request is declined, the user shall not be eligible for a refund, and Bags n Soles assumes no liability in this regard. Further, in the event that the user fails to accept the receipt of the said re-shipped product, the user shall continue to be not eligible for a refund, and Bags n Soles assumes no liability with respect to the return or refund for the said re-shipped product. In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product.
Bags n Soles does not warrant that Product description or other content on the Platform is fully accurate, or error-free and assumes no liability in this regard.
3. User Conduct and Rules on the Platform:
You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which You do not have any right to
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever
- is misleading in any way
- involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous
- infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses
- contains video, photographs, or images of another person (with a minor or an adult).
- tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users
- interferes with another USER’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services
- violates any law for the time being in force
- threatens the unity, integrity, defence, security or sovereignty of Maldives, friendly relations with foreign states, or public order or causes incitement to thecommission of any cognizable offence or prevents investigation of any offence or is insulting any other nation
- shall not be false, inaccurate or misleading
- shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers
- A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:
- Users doesn’t reply to the payment verification mail sent by Bags n Soles
- Users fails to produce adequate documents during the payment details verification
- Misuse of another Users’s phone/email
- Users uses invalid address, email and phone no.
- Overuse of a voucher code
- Use of a special voucher not tagged to the email ID used.
- Users returns the wrong product
- Users refuses to pay for an order
- Users involved in the snatch and run of any order
- Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to Myntra
- User with a very high return rate
- Repeated request for monetary compensation for fake/used order
- Bags n Soles may cancel any order that classify as ‘Bulk Orders’/’Fraud orders’ under certain criteria at any stage of the product delivery. An order can be classified as ‘Bulk Order’/’Fraud Order’ if it meets with the below mentioned criteria, and any additional criteria as defined by Bags n Soles:
- 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
- Any order paced using a technological glitch/loophole.
- You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company and interrupt or causes to interrupt, damages the use by other Users of Bags n Soles.
- You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads Bags n Soles by sharing multiple address and phone numbers or transacting with malafide intentions.
- We on certain landing page even allow our Users to experience free exchange of ideas and observations regarding interest in the field of fashion, including ‘viewing user generated content’ and/or ‘videos’ and ‘posting comments’. By accessing, viewing and/or posting any user generated content to any specific dedicated page on the Platform, you accept and consent to the practices described in these ‘Terms of Service’ and ‘Privacy Policies’, as well as any other terms of prescribed by Bags n Soles on the Platform. You agree and undertake that when accessing, viewing and/or posting any user generated content on these pages You will not imitate, abuse, harass, any Customer/User or violate and exploit, any of these ‘Terms of Service’ of the Platform.
- You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
- You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity
- Bags n Soles hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the final Product as ordered by the User. Bags n Soles Return & Exchange Policy offers you the option to return or exchange items purchased on Bags n Soles within the return/exchange period (Please read Detail Page to see the number of days upto which a product can be returned/exchanged, post-delivery). In case of return of the purchased item, please refer to the “Return Policy” on our BagsnSoles.com
4. Disclaimer of Warranties and Liability:
All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Platform are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Bags n Soles does not warrant that: Platform will be constantly available, or available at all or The information on Platform is complete, true, accurate or non-misleading.
All the Products sold on Platform are imported to the Maldives and sold by Bags n Soles . You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
5. E-Platform for Communication:
You agree, understand and acknowledge that Bags n Soles is an online platform that enables you to purchase products listed on the Platform at the price indicated therein at any time.
6. Indemnity:
You shall indemnify and hold harmless Bags n Soles, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party
7. Trademark, Copyright and Restriction:
Platform is controlled and operated by Bags n Soles. All material on Platform, including images, illustrations, audio clips, and video clips, are protected. Those materials available on Bags n Soles is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable purpose to promote.
8. Limitation of Liability:
In no event shall Bags n Soles be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
- the use or the inability to use the Services or Products
- unauthorized access to or alteration of the user’s transmissions or data
- breach of condition, representations or warranties by the manufacturer of the Products
- any other matter relating to the services 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 Platform or Service. Bags n Soles shall not be held responsible for non-availability of the Bags n Soles during periodic maintenance operations or any unplanned suspension of access to the Bags n Soles. The User understands and agrees that any material and/or data downloaded at Bags n Soles is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law.
9. Termination:
Bags n Soles may suspend or terminate your use of the Bags n Soles Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until Bags n Soles chooses to terminate them.
- If You or Bags n Soles terminates your use of the Platform or any Service, Bags n Soles may delete any content or other materials relating to your use of the Service and Bags n Soles will have no liability to you or any third party for doing so. However, your transactions details may be preserved by Bags n Soles for purposes of tax or regulatory compliance.
- Bags n Soles may unilaterally terminate Your account on any event as mentioned in the Terms Of Use. Returns/Refund for such Users shall be at the sole discretion of Bags n Soles.
- If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead Bags n Soles by sharing multiple address and phone numbers or transacting with malafide intentions then Bags n Soles reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.
10. Governing Law:
These terms shall be governed by and constructed in accordance with the laws of the Republic of Maldives without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities. The place of jurisdiction shall be exclusively in Maldives.
11. Contacting Bags n Soles:
At Bags n Soles, we are committed towards ensuring the disputes by Buyers are settled amicably by way of proper communication transparently. However, in the event that You wish to contact a senior management member of Bags n Soles. You may proceed to do so by contacting the Head Office details mentioned on the website. Alternatively, You may also reach out to customer support at +960 7931181 or access help center at https://www.bagsnsoles.com/urgenthelp
12. Disclaimer:
You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through Bags n Soles.. We have taken precautions to avoid inaccuracies in contents available on Bags n Soles website.
Delivery Related – User agrees and acknowledges that any claims regarding order delivery (including non-receipt/ non- delivery of order or signature verification) shall be notified to Bags n Soles within 2 hours from the time of delivery of product reflecting on the Bags n Soles portal. Non notification by You of non-receipt or non-delivery within the time period specified shall be construed as a deemed delivery in respect of that transaction. Bags n Soles disclaims any liability or responsibility for claims regarding non-delivery, non-receipt of order (including signature verification in Proof of delivery) after 24 hours from the alleged time/date of delivery of product reflecting on the Bags n Soles portal.