Terms and Conditions
Ownership of rights: Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the explicit permission of Ricwal. All information displayed, transmitted or carried on the Website is protected by copyright and other intellectual property laws. Copyrights and other intellectual property in respect of the some of the content on the Website may be owned by the third parties. This site is designed, updated and maintained by Ricwal or its licensors. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available on the Website.
1. General Terms of Use:
1.0. By impliedly or expressly accepting these Terms, you also accept and agree to be bound by Ricwal Policies which are amended from time to time.If you do not want to be bound by the Terms, you must not subscribe to or use our services. We encourage our users to read these Terms carefully while using the Website.
1.1. User is hereby authorised to use the website for lawful purpose and for the purposes as mentioned under the policies of the Ricwal , any violation to the policy will lead to strict legal action against the User in terms of the policies and applicable laws.
1.2. Ricwal strives to provide best prices possible on products and services to users buying or availing from the Website. However, Ricwal does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability on the Ricwal.
1.3. The headings and subheadings here in are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained here in or any other section or pages of the Website or any linked sites in any manner.
1.4. The prices displayed for each item under the promotion will be for the respective days of promotion only and will not be applicable on any date prior to or after the date of promotion.
1.5. All offers on Products shall be for limited stocks and are for limited period(s). Ricwal may at its sole discretion modify, extend, update or withdraw the offers on products without prior notice to the Users.
1.6. Expected delivery time as mentioned on website may vary than the usual time of delivery.
1.7. The agreement with Ricwal can be terminated by
(i) not accessing the Website;
(ii) closing Your Account, if such option has been made available to You.
2.0. Eligibility to Use:
2.1. Use of the Website is available only to such persons who can legally contract under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. shall not be eligible to use the Website.
2.2. Any minor desirous to use or transact on Website, is required to conduct such transaction through their legal guardian or parents.
2.3. You shall not have more than one active Account (defined hereunder) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.
3.0. Account, Password, and Security:
3.1. You may access and use the Website and the Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users.
3.2. If any User learns or is made or becomes aware of any instance of hacking or misuse of its User account, it shall without delay notify the Website of the same. Additionally, registered Users may be held liable for losses incurred by the Website for any loss or damage caused as a result of failure in maintaining security by the relevant User.
3.3. Guest users: The Website also allows limited access to the Services for unregistered Users (also called as 'guest users'). Such users will be able to browse the Website and use the Services for the purpose of purchasing goods, and placing orders. However, You will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.
3.4. If any User provides any information that is untrue, false, not updated, and incomplete or the Website has reasonable grounds to believe that such information is untrue, false, not updated, incomplete, the Website shall have the right to suspend or terminate the relevant User account and refuse any and all current or future use of the Website.
4.0. Shipping and Delivery:
4.1. All Products purchased from the Website shall be delivered to the User by standard courier services by Ricwal Pvt Ltd.All deliveries where applicable shall be made on a best efforts basis, and while the Website will endeavor to deliver the Products on the dates intimated, the Website disclaims any claims or liabilities arising from any delay in this regard.The COD charge can be viewed at the time of placing the order and in all order related emails.
4.2. Ricwal.com will make a maximum of three attempts to deliver your order. In case the User is not reachable or does not accept delivery of products in these attempts the respective Seller reserves the right to cancel the order(s) at its discretion.
4.3. An estimated delivery time shall be displayed on the order summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location.
4.4. Sometimes, delivery may take longer due to :
1. bad weather
2. flight delays
3. political disruptions
4. other unforeseen circumstances
In such cases company is not responsible for delay in delivery.
4.5. The Website shall not be held responsible and will bear no liability in case of failure or delay of delivering the Products including any damage or loss caused to the Products.
4.6. Where there is a likelihood of delay in delivery of the Products, the User may be notified of the same from time to time. However, no refunds may be claimed by the User for any delay in delivery of the Products, which was caused due to reasons beyond the control of the Website and/or the Seller.
4.7. However in case where a damage has been caused to the Products ordered, the Seller shall replace the products as per the Seller’s replacement policy as may be indicated on the Website along with the Product.
4.8. No deliveries of the Products shall be made outside the territorial boundaries of India.
4.9. If a User wishes to get delivery to different addresses, then the User shall be required to purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. The User agrees that the delivery can be made to the person who is present at the shipping address provided by the User.
4.10. Ricwal.com shall not compensate for any mental agony caused due to delay in delivery. The Users can cancel the order at any moment of time even if the delivery time exceeds the expected delivery time. If it is a prepaid order, the Users will be refunded back the price of the product in the account or payment wallet, in accordance with the options chosen by you, as soon as the order is successfully cancelled.
5.0. Return, Replacement and Refund:
5.1. All Products ordered from the Website and successfully delivered to the User may be returned in accordance with the terms contained in the respective Seller policy.
5.2. However no Products will be accepted by the Seller if
(a) the Products have been damaged by the User
(b) if there is a change in the quality, quantity or other characteristics of the Product
(c) if as per the Seller the product returned is not the Product that was delivered
(d) any other circumstances that the Website and/or the Seller may notify or deem appropriate from time to time.
5.3. In case of returns:
1. Return/size exchange should be initiated within 15 days of order delivery.
2. The tags on the product should be intact.
3. The product should be unwashed, unused and in an undamaged condition.
4. The item needs to be returned along with the original packaging.
5.4. In case of return initiated and subsequently couriered by the User himself/herself, and if it is found that the claimed shipment was not delivered to Ricwal.com or the shipment was empty, the onus shall be on the User to prove through presentation/submission of Proof of Delivery (PoD) from the concerned logistic service provider to establish his/her claim of return. However, non-receipt of Product by the Seller or Ricwal may lead to no refund/exchange being issued to the User.
5.5. Ricwal.com will not be liable for the products returned by mistake. In circumstances where a product not belonging to Ricwal.com is returned by mistake, Ricwal.com is not accountable for misplacement or replacement of the product and is not responsible for its delivery back to the User.
5.6. All Products ordered by the User shall be eligible to be replaced in accordance with the Seller’s replacement policy as indicated here in above, if the Product delivered is damaged, soiled or is different from the Product specifications mentioned on the Website. Ricwal.com will accept return or size exchange of a Product only in accordance with the returns policy of the respective Seller.
5.7. Refund, if any, shall be made at the same issuing bank through which the Product was purchased. For cash on delivery transactions, the User has the option to receive the refund in any bank account via NEFT (for which the User shall have to share the bank details) or, the refund will be credited to the wallet linked to his/her User account on the Website.
5.8. For payments made through electronic means like debit card, credit card, net banking, wallet etc. refund shall be made using the same payment mode.
5.9. All refunds shall be made in Indian Rupees only.
5.10. The User acknowledges that the Website will not be liable for any damages, interests or claims etc resulting from non-processing an order or any delay in processing an order which is beyond control of the Website.
5.11. All Users and Sellers shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made there under, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under and all other laws as may be applicable.
6.0. Cancellation:
6.1. To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Ricwal.com reserves the absolute right to cancel all past, pending and future orders without any liability. Ricwal.com 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 may 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 account. Further, in case of suspicious transactions, Ricwal.com reserves the right to inform law enforcement officials and provide them with all transaction details that may be requested for investigation of any illegal activity.
6.2. The User may be considered fraudulent if inter alia any of the following scenarios are met:
1. Users doesn't reply to the payment verification mail sent by Ricwal
2. Users fails to produce adequate documents during the payment details verification
3. Misuse of another Users's phone/email
4. Users uses invalid email and phone no.
5. Overuse of a voucher code
6. Use of a special voucher not tagged to the email ID used.
7. Users returns the wrong product
8. Users refuses to pay for an order
9. Users is involved in the snatch and run for any order
6.3. The User may be considered loss to business if any of the following scenarios are met:
1. User with a very high return rate
2.Invalid/Incomplete address cases
3. Repeated request for monetary compensation for petty issues
Account for the Users falling in fraudulent or loss to business category may be blocked. Any credits earned through loyalty or referral program will be forfeited in such case.
6.4. If a User raises a complaint for partial item/partial order :
1. The Users is supposed to claim for pilferage within 48 hours of delivery failing which the claim will not be entertained.
2. 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 Users)
* The refund for prepaid orders will be done after investigation
3. The Users may not be liable for a refund if he/she falls in any of the scenarios stated below:
* Users fails to provide adequate information about the case
* Users 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
* Users must not dispose the packaging for 3-4 days post-delivery. We might need to pick- up your packaging for investigation at our end.
7.0. Intellectual Property Rights:
7.1. Intellectual Property Rights (“IPR”) for the purpose of these Terms shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, source code, technical data, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and further shall also include but not be limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code in relation to the Website.
7.2. All IPR on the Website exclusively belong to either the Website or the third party sellers and suppliers, as the case may be. Under no circumstance shall any User infringe in any way such IPR of the Website, a third party supplier or Seller during or pursuant to its use of the Website for any purposes what is over.
7.3. The Parties here to agree and confirm that no part of any Intellectual Property rights mentioned here in above is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its owners/permitted assigns, as the case may be.
7.4. Every User here by grants Ricwal.com a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, publish, transmit, reproduce, modify, adapt any content provided or created by the User. Ricwal shall have no liability for any infringement of intellectual property rights with respect to such content created by the User.
7.5. Except as expressly provided here in, the User acknowledges and agrees that it shall not copy, republish, post, display, translate, transmit, reproduce or distribute or in any other way infringe any Intellectual Property Right through any medium without obtaining the necessary authorization from the Website or the thirty party owner of such Intellectual Property Right.
8.0. Indemnity:
8.1. The User hereby indemnifies, defends and holds harmless the entity owning and operating the Website, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with :
1. The User’s breach of these Terms; or
2. Any claims made by any third party due to, or arising out of, or in connection with, the User’s use of the Website; or
3. Any claim that any third party IPR, proprietary information, content or materials provided by the User causes any damage to a third party; or
4. Violation of any rights of any third party by the User, including any IPR.
8.2. Ricwal may notify You of any claims which You shall be liable to indemnify Ricwal against. You will then be required to consult with Ricwal regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Ricwal without the express prior written consent of Ricwal which can be withheld or denied or conditioned by Ricwal in its sole discretion.
8.3. Notwithstanding anything to contrary, the Website’s entire and aggregate liability to the User under and in relation to these Terms shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by the User/Seller to the Website under the relevant order to which the cause of action for the liability relates.
8.4. Notwithstanding anything to contrary in the Agreement(s), in no event shall Ricwal, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Ricwal has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Content.
9.0. Use of Content:
9.1. While using the Website, the User specifically undertakes not to host, display, upload, modify, publish, transmit, update or share any information or content that:
1. belongs to another person and to which the User does not have any right to;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, 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 whatsoever;
3. harms minors in any way;
4.impersonate any person or entity, or falsely state or otherwise misrepresent the User’s affiliation with a person or entity;
5. 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 offence or prevents investigation of any offence or is insulting of any other nation;
6. infringes any patent, trademark, copyright or other IPR;
7. contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
8. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
9. engage in any activity that interferes with or disrupts access to the Website or the Products (or the servers and networks which are connected to the Website);
10. attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Website server, or to any of the Products offered on or through the Website, by hacking, password mining or any other illegitimate means;
11. probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
12. disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
13. use the Website or content therein for any purpose that is unlawful or prohibited by the Terms or to solicit the performance of any illegal activity or other activity which infringes the rights of the Website or other third parties;
14. 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;
15. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
16. violate any applicable laws or regulations for the time being in force within or outside India; and
17. violate the terms of these Terms.
9.2. The User shall use the Website and purchase any Products available on it, for personal, non-commercial use only and shall not re-sell the same to any other person or commercialize the same in any manner whatsoever.
9.3. The User agrees that it shall solely be responsible towards the Website and to any third party for any breach of its obligations under these Terms and for any consequences, losses or damages that may be suffered by the Website owing to such breach by a User.
10.0. Report Abuse and Take Down Policy:
10.1. In the event the Website or any User becomes aware of any objectionable content on the Website including but not limited to violation of privacy, misuse of personal information or violation of any IPR, in violation of these Terms then, the Website, by itself or upon receipt of a communication from any of its Users, without any prior notice take down such objectionable content from the Website.
11.0. Communications:
11.1. When You use the Website or send emails or other data, information or communication to Ricwal, You agree and understand that You are communicating with Ricwal through electronic records and You consent to receive communications via electronic records from Ricwal periodically and as and when required. Ricwal will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.
12.0. Feedback and Information:
12.1. Any feedback You provide to this Website shall be deemed to be non-confidential. Ricwal shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that :
(i) Your feedback does not contain confidential or proprietary information of You or of third parties;
(ii) Ricwal is not under any obligation of confidentiality, express or implied, with respect to the feedback;
(iii) Ricwal may have something similar to the feedback already under consideration or in development;
(iv) You are not entitled to any compensation or reimbursement of any kind from Ricwal for the feedback under any circumstances.
12.2. The Website may at its discretion, also make any modifications or changes to the Website and its content and / or Products on the basis of such feedback or information.
12.3. In the event that the Website makes any changes or modifications to the Website or Products on the basis of any such feedback, the User shall not have any rights or title (including any IPR) in such changes or modifications to the Website or Products listed therein.
12.4. By submitting any feedback or any information, the User hereby warrants that the feedback does not contain confidential or proprietary information belonging to the User or any other person and shall not entitled to any compensation or reimbursement of any kind from the Website for the feedback under any circumstances.
13.0. Applicable Law:
13.1. These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts in New Delhi shall have exclusive jurisdiction in respect of any matters arising here from.
14.0. Dispute Resolution:
14.1. In the event any dispute arises out of or in connection with the Terms here in, including the validity here of, the parties here to shall endeavor to settle such dispute amicably in the first instance. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties here to, after reasonable attempts, which shall continue for not less than 15 (Fifteen) calendar days, gives a notice to this effect, to the other party in writing.
14.2. In case of such failure, the dispute shall be referred to a sole arbitrator, who shall be appointed by the Website. The arbitration proceedings shall be governed by the Indian Arbitration and Conciliation Act, 1996 and shall be held in New Delhi. The language of arbitration shall be English.
15.0. Jurisdictional Issues:
15.1. Unless otherwise specified, the products/items listed on the Website are solely for the purpose of delivery in India. The Website shall under no circumstance be held liable for use or availability of Products for use in locations/countries other than India.
16.0. User Protection Program:
16.1. The Website’s User protection program provides for resolution of disputes between the User and Seller to successfully resolve a dispute regarding refund or replacement or non-delivery of a Product.
16.2. The Website’s Users support team shall provide reasonable assistance and take such relevant actions against the Seller as it, at its sole discretion may deem fit.
17.0. General Provisions:
Notice: All notices to be issued pursuant to these Terms shall be served to the User by email or by general notification on the Website. Any notice to be sent to the Website pursuant to these Terms shall be sent to the Website’s grievance officer by e-mail ricwalteam@ricwal.com.
Assignment: This Terms shall not be assigned or otherwise transferred by the User. However the Website’s obligations under these Terms are freely assignable or otherwise transferable by the Website to any third parties without the requirement of seeking the Users prior consent.
Severability: If any provision of these Terms is void, or is so declared, such provision shall be severed. The Terms shall otherwise remain in full force and effect.
Waiver: Any failure or delay by a party to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights here under shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
Relationship and Exclusivity: Nothing in these Terms shall constitute or be deemed to constitute a partnership, joint venture, agency or the like between the parties here to or confer on any party any authority to bind the other party or to contract in the name of the other party or to incur any liability or obligation on behalf of the other party.
Force Majeure: If performance of any Service under these Terms by the Website is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the website, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the Website and could not have been prevented by reasonable precautions then the Website shall in toto be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the Website of its obligations here in.