TERMS AND CONDITIONS
The Platform is owned by Wowe Retail Private Limited, having its registered office in Punjab.
1.User Account, Password, 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
immediately notify Wowfas 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:
Wowfas does not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
3.Platform for Transaction and Communication:
The Users utilize to meet and interact with one another for their transactions on the Platform. Wowfas is not and cannot be a party to or control in any manner any transaction between the Wowfas Users. Henceforth:
- All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services, and after-sales services related to products and services. Wowfas does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
- Wowfas does not make any representation or warranty as to specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform.
- Wowfas is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Wowfas cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform.
- At no time shall Wowfas hold any right, title, or interest over the products nor shall Wowfas have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.
- The Wowfas is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Wowfas is only providing a platform for communication and it is agreed that the contract for the sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall Wowfas hold any right, title, or interest over the products nor shall Wowfas have any obligations or liabilities in respect of such contract. Wowfas is not responsible for the unsatisfactory or delayed performance of services or damages or delays as a result of products that are out of stock, unavailable, or back-ordered.
- Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
- You release and indemnify Wowfas and/or any of its officers and representatives from any cost, damage, liability, or other consequence of any of the actions of the Users of the Wowfas and specifically waive any claims that you may have on this behalf under any applicable law. Notwithstanding its reasonable efforts on that behalf, Wowfas cannot take responsibility or control the information provided by other Users which is made available on the Platform.
4. 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, pedophilic, libelous, 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 libelous
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 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
infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products
violates any law for the time being in force
threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense 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 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 don’t reply to the payment verification mail sent by Wowfas
Users fail to produce adequate documents during the payment details verification
Misuse of other Users’ phone/email
Users use the invalid address, email, and phone no.
Overuse of a voucher code
Use of a special voucher not tagged to the email ID used.
Users return the wrong product
Users refuse 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 Wowfas
User with a very high return rate
Repeated request for monetary compensation for fake/used order
Wowfas may cancel any orders 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 Wowfas:
Products ordered are not for self-consumption but commercial resale
Multiple orders are placed for the 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 placed using a technological glitch/loophole.
- You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuse any policy and rules of the company and interrupt or causes to interrupt, damages the use by other Users of Wowfas.
- You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads Wowfas by sharing multiple address and phone numbers or transacting with mala fide intentions.
- We on certain landing pages 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 the Wowfas 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 devices, 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 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
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules, and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
- From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services to mislead other Users in any manner.
- You shall not engage in advertising to or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us.
- The Content posted does not necessarily reflect Wowfas views. In no event shall Wowfas assume or have any responsibility or liability for any Content posted or for any claims, damages, or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
- Wowfas hereby disclaims any guarantees of exactness as to the finish, appearance, size, color, etc., of the final Product as ordered by the User. Wowfas Return & Exchange Policy offers you the option to return or exchange items purchased on Wowfas within the return/exchange period (Please read the Product Detail Page to see the number of days up to 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 Wowfas.
5. Contents Posted on Platform:
You may use the information on the products and services purposely made available on the Platform for downloading, provided that You
- do not remove any proprietary notice language in all copies of such documents,
- use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
- make no modifications to any such information, and
- do not make any additional representations or warranties relating to such documents.
6. 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 an “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, Wowfas 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 governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You. 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.
We may provide you alternation services (limited to alteration of length, alteration of the waist size) for the garments purchased by You from Us. This service shall be free of cost and no amount would be collected from You for such alteration. However, a nominal fee as mentioned by Wowfas at the time of creating the alteration request (inclusive of service tax) would be applicable as a convenience charge towards pick up and drop of the garments or towards tailor visit (wherever applicable).
8. E-Platform for Communication:
You agree, understand, and acknowledge that Wowfas is an online platform that enables you to purchase products listed on the Platform at the price indicated therein at any time. You further agree and acknowledge that Wowfas is only a facilitator and is not and cannot be a party to or control in any manner any transactions on Wowfas.
10.Trademark, Copyright, and Restriction:
The platform is controlled and operated by Wowfas and products are sold by respective Sellers. All material on the Platform, including images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights. Material on Wowfas 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. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Wowfas or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video, or any other material which you may upload, transmit or store when making use of Our various Service. 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 business purposes.
11.Limitation of Liability:
In no event shall Wowfas 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. Wowfas shall not be held responsible for non-availability of the Wowfas during periodic maintenance operations or any unplanned suspension of access to the Wowfas. The User understands and agrees that any material and/or data downloaded at Wowfas is done entirely at the User’s 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, Wowfas’s liability shall be limited to an amount equal to the Products purchased value bought by You. Wowfas shall not be liable for any dispute or disagreement between Users
Wowfas may suspend or terminate your use of the Wowfas or any 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 Wowfas chooses to terminate them.
- If You or Wowfas terminates your use of the Platform or any Service, Wowfas may delete any content or other materials relating to your use of the Service and Wowfas will have no liability to you or any third party for doing so. However, your transaction details may be preserved by Wowfas for purposes of tax or regulatory compliance.
- 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 Wowfas by sharing multiple addresses and phone numbers or transacting with mala fide intentions then Wowfas reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.
13. Jurisdictional Issues/Sale in India Only:
Unless otherwise specified, the material on the Platform is presented solely for sale in India. Wowfas makes no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access Platform from other locations/Countries other than India do so on their initiative and Wowfas is not responsible for the supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
14. Governing Law:
These terms shall be governed by and constructed following the laws of India 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 at Bangalore. The place of jurisdiction shall be exclusively in Bangalore.
15. Contacting the Seller:
At Wowfas, we are committed to ensuring that disputes between Sellers and Buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, if You wish to contact Wowfas about the seller, You may proceed to do so by clicking on the seller name on the product listing pages. Alternatively, You may also reach out to customer support or access the help center at https://wowfas.com/contactus
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 Wowfas. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the sellers or manufacturers of the products. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Platform. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services, and related graphics are provided as is, without warranty of any kind. At no time shall any right, title, or interest in the products sold through or displayed on Platform vest with Wowfas nor shall Wowfas have any obligations or liabilities in respect of any transactions on Platform.
Delivery Related – User agrees and acknowledges that any claims regarding order delivery (including non-receipt/ non-delivery of the order or signature verification) shall be notified to Wowfas within 5 days from the alleged date of delivery of product reflecting on the Wowfas portal. Non-notification by You of non-receipt or non-delivery within the time specified shall be construed as a deemed Delivery in respect of that transaction. Wowfas disclaims any liability or responsibility for claims regarding non-delivery, non-receipt of order (including signature verification in Proof of delivery) after 5 days from the alleged date of delivery of product reflecting on the Wowfas portal.
17. Alteration Services
The free alteration services are being extended to You by Wowfas Private Limited (“Wowfas”) on select items and categories solely (“Alteration Services”) for the purchases made by you on the Wowfas Platform, i.e. www.Wowfas.com, its m-site and /or mobile application available on android and IOS (hereinafter referred to as “Wowfas Platform”), subject to the below terms and conditions:
- The Alteration Services shall be offered on select products and categories only, in limited jurisdictions as specified by Wowfas. The availability of the Alteration Services shall be specified on the relevant product page on the Wowfas Platform.
- The said Alteration Services are “Free of Cost” as of now and You shall not be charged any fee for the same. In the event, our partner requests any payment, whether in cash or kind, please raise the issue to us immediately by writing an email to the customer care team.
- PLEASE NOTE THAT ANY PRODUCT GIVEN BY YOU FOR ALTERATION SHALL BE NON-RETURNABLE AND NON-REFUNDABLE. PLEASE DO NOT AVAIL THE ALTERATION SERVICES IF YOU WISH TO RETURN THE PRODUCT. ALTERATION SERVICES ARE BEING EXTENDED ON AN “AS IS” BASIS AND MAY BE AVAILED BY YOU AT YOUR SOLE RISK AND EXPENSE…
- The Alteration Services are limited to the products purchased by You on the Wowfas Platform only. Please do not ask our partner to alter any product purchased from a third party.
- There are two possible modes/options available to You for providing your measurements for the Alteration Services:
- Doorstep Measurements: In this mode, our alteration partner comes to your doorstep and takes your physical measurements. The products are altered as per the measurements taken by the said alteration partner.
- Sample: In this mode, you provide a suitable sample to our alteration partner at your doorstep, at your risk. The products are altered as per the measurements of the sample provided by You, and the sample is returned to You along with the altered product.
Wowfas may, in its sole discretion, offer one or both modes to You.
- The mode(s) / options (s) available to You for providing the measurements shall be displayed to You on the Wowfas Platform at the time of placing the alteration request. In the event both the modes are available to You, you shall be required to choose the appropriate mode at the time of placing the request.
Wowfas does not make any warranty concerning accuracy and correctness of the doorstep measurements or the Alteration Services or the conduct of the alteration partner nor does Wowfas make any warranty or representation concerning the quality, wear-ability, or correctness of the products altered using the Alteration Services.
- The Alteration Services including any ‘doorstep measurements’ taken by our alteration partners and collection of “samples” are being extended to You on an as-is and as available basis and being availed by You at Your sole risk and expense, including the sample provided by you.
- If you are not comfortable with our alteration partners for any reason whatsoever, you may (i) cancel the alteration request on Wowfas Platform instantly; or (ii) ask the alteration partner to leave your premises immediately and reach out to our customer care team.
- In the event of any visible damage and/or loss of the sample product by our alteration partners, the liability of Wowfas shall be limited to refunding the money to You:
You understand and agree that the samples are being provided to us at your sole risk; and irrespective of the purchase price / maximum retail price of the sample provided by You, the amounts specified above represent the entire and maximum liability of Wowfas and Your sole remedy, in case of any visible damage or loss of the sample provided by You. You further understand and agree that the decision of Wowfas shall be final and binding in this regard. The amount shall be refunded by Wowfas into the bank account provided by You, upon due verification by Wowfas, within a period of 3 to 5 business days from the date. You provide your bank account details.
- In case You are dissatisfied with the Alteration Services or require any clarity on the Alteration Services, please write to our customer care team.
- Wowfas reserves the right to modify the terms of provisioning of the Alteration Services in its sole discretion and without notice.
You understand that in the event selected products in your cart is out of the inventory, Wowfas provides You an option in your cart to select the product of another seller, You understand that price of the product by another seller may differ.
21. Multiple Sellers
You understand that products of a particular style may be sold on the Platform by multiple sellers and the product price on the listing page of the Platform, may not always reflect the lowest price for that particular style. This is because the seller whose price is displayed on the list page is selected based on the application of several parameters and price is only one such parameter. However, once you land on the product display page on the Platform for a specific style, You will have access to the price offered by all sellers on the Platform for the relevant style.
22. Platform Fee
- The Platform Fee shall be specified on the checkout page on the Wowfas Platform.
- The Platform Fee shall be charged on the overall cart value.
- Wowfas reserves the right to modify/waive off the Platform Fee from time to time.
- The Platform Fee fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance with all applicable laws for making payments to Wowfas Private Limited.