Terms & Conditions

Terms Of Use

Welcome to theholidayshop.in. THE HOLIDAY SHOP (hereinafter referred as We, Us, Our) provides website features and other products and services to you when you visit or shop at theholidayshop.in. We provide the services subject to the following conditions.

This user agreement is between "you" "your" "them", the user; and THE HOLIDAY SHOP (THS).  This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signature, not withstanding anything contained or said in any other document, if there is a conflict between the terms mentioned herein below and any other document, the terms contained in the present T&C shall alone prevail for the purposes of usage of the Site.

INTRODUCTION

The domain name theholidayshop.in is registered in the name of KAJI, a partnership, having registered office at 38A Garcha First Lane. Kolkata – 700019.

RIGHT TO CHANGE

THS reserves the sole right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions every time you purchase products from us or use our Web Site.

PRIVACY

We view protection of your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. If you object to our current Privacy Policy and your information being transferred or used in this way please do not use Website.

ELECTRONIC COMMUNICATIONS

When you use any of our Services, or send e-mails to us, you are communicating with us electronically. You by using our services consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through other Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The legal requirements would be inconformity with the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, THS owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), 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 Website belonging to THS without obtaining authorization from it.

User shall not upload post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. THS does not have any express burden or responsibility to provide the Users with indications, markings or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked. User 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 Site, User warrants that the owner of such material has expressly granted KAJI 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. User also permits any other end user to access, view, store or reproduce the material for that end user’s personal use. User hereby grants THS, the right to edit, copy, publish and distribute any material made available on the Site by the User. The foregoing provisions of Section 25 apply equally to and are for the benefit of KAJI, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

TRADEMARKS

The Site contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of THS protected by copyright as a collective work under the applicable copyright laws. THS owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users 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. Users may download / print / save copyrighted material for the User’s personal use only. Except as otherwise as expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of THS and the copyright owner 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. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with THS shall not be deemed to be in the public domain but rather the exclusive property of KAJI, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of KAJI, unless otherwise stated.

INTELLECTUAL PROPERTY RIGHTS COMPLAINTS

THS respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes any Intellectual Property Right infringement, please address a complaint to the ‘Customer Care’ by way of an email as provided herein below.

USER RESPONSIBILITY AND REGISTRATION OBLIGATIONS

If you use the Website as Registered User, you agree that you are competent to contract within the meaning of the Indian Contract Act, 1872. THS reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to its notice or if it is discovered that you are under the age of 18 years. You are solely 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, inter-alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by You as a Visitor or user of a third-party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, THS has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.

As a condition of purchase, the Site requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. You can opt-out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences. Please see our Privacy Policy for details. The offers made in any promotional messages sent via emails/SMS/MMS shall be subject to change at the sole discretion of THS and THS owes no responsibility to provide you any information regarding such change.

You undertake not to host, display, upload, modify, publish, transmit, update or share any information that is contained on the website that:

belongs to another person and to which you does 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; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation. That in case it is found that you are in violation of these express conditions, you shall be solely responsible and shall face all legal consequences of the same by yourself and that THS shall in no manner be held responsible for the same

That in case it is found that you are in violation of these express conditions, you shall be solely responsible and shall face all legal consequences of the same by yourself and that THS shall in no manner be held responsible for the same.

Goods listed in this invoice are not meant for resale.

 PRICING INFORMATION

While KAJI strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is mispriced due to an error in pricing or product information, KAJI shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, KAJI may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and We will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration/ order, or cancel the order and notify you of such cancellation.

RETURNS & EXCHANGE POLICY 

As a Policy, we do not provide returns or exchanges on our product. For more details, please refer to the Returns Policy section of the website.

ONE OF A KIND PRODUCTS

Most of our products are hand crafted by artisans. Given the nature of these products, variations are to be expected and celebrated. Each item is unique and no two are exactly the same. Images shown on our website may slightly vary from the actual piece that you receive. Moreover, hues might slightly differ owing to viewer screen resolutions. 

DELIVERY & SHIPPING

Once an order is placed and payment has been successful, it will be dispatched using one of our standard delivery options selected, unless the 'lead time' states otherwise. Delivery dates are not guaranteed but we will do our utmost to ensure goods are delivered within the stated date or soon afterwards. We shall not be liable for any delays  in delivery. Additional charges may apply for the storage of the products if the customer delays delivery, for more than three weeks after the estimated date for arrival. For further details, please refer to our Shipping Policy.

RISK OF DAMAGES IN TRANSIT

We are not liable for any loss of, or damage of items in transit. In the unfortunate occurrence of the same, we request you to notify us within 24 hours of receipt of the goods, so it can be taken up with the logistics carrier.

CREDIT CARD/ DEBIT CARD/ INTERNET BANKING DETAILS

You agree to provide correct and accurate credit / debit card / net banking/ e-wallet details to the approved payment gateway for purchasing any Products and/or availing Services. You shall not use the credit / debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit / debit card / net banking/ e-wallet. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit / debit card/ net banking/ e-wallet details. KAJI expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit / debit card/ net banking/ e-wallet.

 FRAUDULENT/ DECLINED TRANSACTIONS

KAJI reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. KAJI reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.

LIMITATION OF LIABILITY

To the fullest extent permitted under applicable law, We, our associates, parent companies, or suppliers shall not be liable for any indirect, incidental, special, incidental, consequential 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 these Terms.

Without prejudice to the generality of the section above, Our total liability to you for all liabilities arising out of these Terms be it in tort or contract is limited to the value of the product ordered by you.

ENTIRE AGREEMENT

These Terms and Conditions of Use constitute the entire agreement between you and THS and govern your use of the Website, superseding any prior understandings and agreements between you and us and any previous statements or representations from either party to the other party. These Terms do not apply to any affiliate services, third-party content or third- party software that does not or cannot reasonably be deemed to form part of the Website which may be provided to you by our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, other affiliates or other third parties, which may be subject to additional terms and conditions imposed by that party. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

GOVERNING LAW AND JURISDICTION

These Terms and the relationship between you and us shall be governed by the laws of the Republic of India without regard to its conflict of law provisions. The Courts at Kolkata, India shall have exclusive jurisdiction in any proceedings arising out of these Terms.