Welcome to “www.peachblossom.co.in”. These Terms and Conditions govern the use of this website either for making purchases of any products as listed on this website and/or even for accessing the Blogs as posted on this website.
By using the Website you agree to be bound by these Terms and Conditions and any Orders placed by you or any activity performed by you are bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Website.
In these Terms, references to “you”, “User” shall mean the end user accessing the Website, its contents and using the Services offered through the Website. “Service Providers” mean independent third party service providers, and “Peach Blossom”, “we”, “us” and “our” shall mean S.P. SHOES, its franchisor, affiliates, and owned company.
Every effort has been made to ensure, that the information contained on the website is correct, however, Peach Blossom makes no warranty as to the accuracy, comprehensiveness, or correctness of any Product(s) on the website, and provides all Product(s) on an “as is” basis.
Please note that these Terms and Conditions do not affect your statutory rights as a consumer.
1.1 “www.peachblossom.co.in” website is an Internet-based content and e-commerce portal hosted and operated by S.P. Shoes. All content including pictures, designs, logos, photographs, blogs, articles written and other materials on our website are copyrighted to Peach Blossom. All worldwide rights are reserved. This website and its contents may only be used for personal non-commercial use. Any reproduction in whole or in part of our website is strictly prohibited without the prior written permission of S.P. Shoes.
1.2 This Agreement sets forth the terms and conditions that apply to the use of this website by you. By using this website (other than to read this Agreement for the first time), you agree to comply with all of the terms and conditions hereof. You shall be responsible for protecting the confidentiality of your user id and password(s) if any. You acknowledge that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of PEACH BLOSSOM, and PEACH BLOSSOM shall not be responsible for any data lost while transmitting information on the internet. While it is our objective to make the website accessible 24 hours per day, 7 days per week, the website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of PEACH BLOSSOM, access to the website may be interrupted, suspended or terminated from time to time. We shall have the right at any time to change or discontinue any aspect or feature of PEACH BLOSSOM, including, but not limited to, content, hours of availability and equipment needed for access or use. Nothing on this website constitutes or is meant to constitute, the advice of any kind.
- Rules of Conduct:
2.1 Use of the website is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act. 1872 including un-discharged insolvents etc. are not eligible to use the website.
2.2 If your age is below that of 18 years your parents or legal guardians can transact on behalf of you if they are registered users.
2.3 We reserve the right to terminate your membership and refuse to provide you with access to the website if we discover that you are under the age of 18 years.
2.4 We make no representation that any product/s or service/s referred to in the materials on this website are appropriate for use outside India.
2.5 Those who choose to access this website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable.
2.6 Membership is available to anyone who registers all required information, provides an accurate, legitimate electronic mail address, and obtains a unique username and password.
2.7 We do not discriminate on the basis of age, gender, race, religion, caste, class, lifestyle preference or nationality.
- Limited License:
3.1 Subject to these Terms, we grant to you a non-exclusive, non-transferable, limited license to access, view, use and display the website and website Content on your computer or another device, provided that you comply fully with these Terms. The website and its Contents are for your personal, educational and non-commercial use only. No part of the website or its Content (or any of our products advertised or sold on the website) may be copied, reproduced, republished, exploited, downloaded, uploaded, posted, transmitted, modified, derived, exploited, distributed or used in any manner whatsoever, without our prior written consent or that of the applicable rights owner, except for limited personal, non-commercial or educational purposes as permitted under law.
- User Accounts:
- Submitted Materials:
5.1 Unless specifically requested of us, we neither solicit nor wish to receive any confidential, secret or proprietary information or other material from you. Any information, proposals, requests, creative works, pictures, photographs, documents, letters, demos, ideas, know-how, suggestions, concepts, methods, systems, designs, drawings, renderings, plans, techniques, comments, criticisms, reports, feedback or other materials submitted or transmitted through the website in any manner, including, but not limited to, through the “Contact Us” section (collectively, “Submitted Materials”) will be deemed not to be confidential, secret or proprietary and may be used by us in any manner consistent with these Terms.
- Our Proprietary Rights:
6.1 You agree that any information you submit to the website including Personal Information shall not be misleading and shall be true and accurate in all respects. If you submit to the website any communication, idea or materials which may attract copyright or other intellectual property rights you agree that this shall become our property and you agree that anything you submit shall not infringe any right of any third party, or contain anything libellous or otherwise unlawful, abusive or obscene nor constitute an invasion of privacy. As such, you are and shall remain solely responsible for the content of any submissions you make on the website and we reserve the right to remove any material you have placed on the website or to deny you access to the website at any time in our sole discretion.
6.2 Except for your Submitted Materials , we and our licensors own, solely and exclusively, all rights, title and interest (including, without limitation, copyrights) in and to the website, all the content (including, but not limited to, all audio, photographs, images, illustrations, renderings, drawings, Webcasts, RSS feeds, podcasts, other services, graphics, logos, games, widgets, gadgets, applets, other distributable applications, other visuals, video, copy and software), code, data and other materials thereon (collectively, the “Website Content”), the look and feel, design and organization of the website, and the compilation and organization of the Website Content, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights therein. Your use of the website does not grant to you ownership or title of, in or to any website Content or any other part of the website, nor does it grant you any license to use or display the same except as expressly permitted herein.
- Product Descriptions on our Website:
7.1 We will take all reasonable care to ensure that all Product Descriptions are correct at the time when the relevant information was first entered onto the website. We have made every effort to display as accurately as possible the appearances, colors, textures or finishes of our Products. What you see will depend on your computer equipment, screen or monitor and we are therefore unable to guarantee that a Product’s images are an accurate representation of the actual merchandise. Please refer to our Return Policy if you are unhappy with your Order.
- Product Availability:
8.1 The Website features Products that have been carefully selected for sale on the website. Products are subject to availability so once a Product has sold out it will be taken off the website at the earliest opportunity and may not be available again. As there is a delay between the time when your Order is placed, and the time when the Order is accepted, the stock position relating to particular Products may change. If a Product you have ordered goes out of stock before we accept your Order, then we shall not be liable to you for being unable to provide that Product. If such a situation arises, then we shall notify you as soon as possible and you will not be charged for the out of stock Product.
- Pricing Policy:
9.1 All Product prices are in Indian National Rupee (INR) and are inclusive/ of value added tax (“VAT”), at the appropriate rate, and are correct at the time that the Product Description was first entered onto the website. Prices of Products may change from time to time and any promotional discounts or offers may also be withdrawn at any time.
9.2 Although we try to ensure all our Product’s prices displayed in the Product Description are accurate, errors may sometimes occur. If we discover an error in the price of a Product you have ordered we will be unable to accept your Order and shall contact you as soon as possible in order to give the option of either reconfirming your Order at the correct price or canceling it. If we are unable to contact you, we will treat your Order in respect of the incorrectly priced item as cancelled.
- Order process:
10.2 The technical steps to place your Order are as follows:
- You place an Order on the Website by pressing the ‘Buy Now’ button at the end of the checkout process. You will be guided through the process of placing an Order by a series of simple instructions on the Website.
b) We will communicate with you about your order and the purchased Product through any of the modes using E-mail, SMS, and telephone or all of them or any other mode. Account holders must provide a valid email address and contact telephone and/ or mobile number to us for this purpose.
- As your Order is shipped by us we will send you a despatch confirmation email. Please note, that we may also send you an SMS to notify you that your Order has been despatched. Upon sending either of these communications, your Order will be taken to have been accepted by us unless we have notified you that we do not accept your Order, or you have cancelled it.
- d) Subject to us having accepted your Order, we will then arrange for delivery of it to you at your nominated address.
10.3 We shall be entitled to supply Products ordered as part of one Order in installments due to various reasons including but not limited to the availability of products and/or the delivery address. This may mean that Products are dispatched separately. We also reserve the right to supply only part of an Order.
- Payment and payment methods on the Website:
11.1 We only accept payment for Orders in INR.
11.2 We accept online payment for Orders by Maestro, MasterCard, Visa, Visa Debit, American Express, PayPal, gift cards, e-vouchers, and net-banking.
11.3 We also accept payment for the order with the option of Cash On Delivery (COD).
11.4 By placing your Order, you authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization, to protect you and us from fraud; and to enable us to arrange delivery of your Order to your nominated delivery address.
- Credit Card/Debit Card/ Internet Banking Information:
12.1 Credit card information collected for the purpose of payment of Product(s) purchased at www.PEACHBLOSSOM.co.in will be stored securely using a 128-bit Secure Socket Layer (“SSL”) technology.
12.2 Credit card information will be masked on your account and will not be visible to PEACH BLOSSOM’s Customer Service operators.
12.3 You agree, understand and confirm that the credit card details provided by you for availing of services on PEACH BLOSSOM will be correct and accurate and you shall not use the credit card which is un-lawfully owned by you, thus you must not pay or attempt to pay for Product(s) using fraudulent credit card information. You agree and undertake to provide the correct and valid credit card details to PEACH BLOSSOM.
12.4 The said information will not be utilized and shared by PEACH BLOSSOM with any third parties unless required for fraud verifications or by law, regulation or court order. We would not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively yours.
- Cancellation by PEACH BLOSSOM:
13.1 Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in Product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will 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 credit card has been charged, the said amount will be reversed back in your Card Account.
- Cancellations by the Customer:
14.1 In case you request for order cancellations, we reserve the right to accept or reject such requests for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed/approved by us, we shall cancel the order and refund the entire amount if paid to us in advance by you.
14.2 We will not be able to cancel orders that have already been processed. For cancellation of orders that have been dispatched please refer to our Returns Policy. We have the complete right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by us and accept our decision regarding the cancellation.
14.3 We also reserve the right to cancel your order in case of:
14.3.1 Problems identified by our credit and fraud avoidance department.
14.3.2 Inaccuracies or errors in Product or pricing information.
14.3.3 Limitations on quantities available for purchase.
14.4 We may also require additional verifications or information before accepting any order. We will 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 credit card has been charged, the said amount will be returned back to your Credit Card Account.
14.5 If you’d like to discuss canceling an order, email us at email@example.com
15.1 We will make a maximum of three attempts to deliver your order. In case the customer is not reachable or does not accept delivery of products in these attempts we reserve the right to cancel the order(s) at our own discretion.
15.2 An estimated delivery time is 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.
15.3 Sometimes, delivery may take longer due to
- a) bad weather
- b) flight delays
- c) political disruptions
- d) other unforeseen circumstances
In such cases, we will proactively reach out to you. Please check your emails and SMS regularly for such updates. Also, we will not be able to compensate for any mental agony caused due to delay in delivery. The customer 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 customer will be refunded back in the account as soon as the order is successfully cancelled.
15.4 You agree that the title to the goods is transferred to you at the time of placing the Order and dispatch confirmation thereof irrespective of Shipping of Goods and COD which are to be done in due course of time.
15.5 Cash on Delivery
15.5.1 You agree, understand and confirm that for the Cash on Delivery (“COD”) details provided by you for availing of services on PEACH BLOSSOM website will be correct and accurate. You further agree and undertake to provide the correct and Responsible person’s Name, valid Address and Contact details to us at the time of order. We will not use or share this information with any third party unless authorized by you or required for fraud verifications or by law, regulation or court order. The customer will be liable for his order as soon as the order has been dispatched out of warehouse.
- Returns and Exchange conditions:
16.1 We will accept Return or Exchange only if the following conditions are met.
- a) The tags on the product should be intact.
- b) The product should be unwashed, unused and in an undamaged
- c) The item needs to be returned along with the original packaging.
- d) Limitation on refund amount for courier charges
16.2 If the customer wants to instant return or return within 30 days, and we do not offer reverse pickup of the items for whatever reasons, the customer can send us the shipment himself/herself. Also, we request the customer to send the scanned copy of the courier slip to firstname.lastname@example.org and we will refund the amount if paid to us in advance by you.
- REVERSE PICKUP PROCESS:
17.1 We will not be liable for the products returned by mistake.
In a scenario where a product not belonging to PEACH BLOSSOM is returned by mistake, we are not accountable for misplacement of the product and are not responsible for its delivery back to the customer.
17.2 Limitation on refund amount for courier charges
Please do collect the RVP slip/Written confirmation from the Courier company that the RVP has been done for a particular shipment/order.
17.3 RVP slip to be produced in case of discrepancy between customer and our logistics partner
In case of any discrepancy in the status of reverse pickup of a product, (where the customer claims the product has been returned, while our system suggests otherwise) refund will be initiated only if the customer successfully furnishes the RVP slip given at the time of the pickup.
- Refund Clause:
18.1 PEACH BLOSSOM’s return policy offers you the option to return items purchased at www.PEACHBLOSSOM.co.in within 15 days of the receipt. In case of returns, we will credit the amount you paid for the products as store credit/account.
18.2 Also, Please note that the shipping charge if and as applicable for the deliveries to certain areas within and outside the boundaries of India would not be included in the refund value of your order as these are non-refundable charges. All returns are subject to our discretion which shall be deemed final and binding. (non-refundable?)
19.1 If you are not satisfied with the item delivered, you can request an exchange in a different size or color. All this at no extra cost. For further details please refer to our Exchange Policy.
20.1 We may suspend or terminate your use of the website or any Service if we believe, in our sole and absolute discretion that you have breached any of the Terms. However, the Terms will nevertheless continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the website and its Content, and anything connected with, relating to or arising therefrom.
- PRODUCT REVIEW GUIDELINES:
21.1 You as a customer could write a review for any or all products displayed on our website but on completion of the below requirements.
21.2 Brisk and effective content: It is advisable that the content of the review is honest, simple, to-the-point and helpful in the interest of future buyers of the same product. Keep in mind that your review is based on your personal experience of your product choice, timing of the order and demographic contours. It is important that you set a clear and realistic picture in your review for other future buyers to follow suit.
21.3 Content of the review: The review section in essence is limited to only issues with respect to the product like the quality, comfort level, colour, size etc. Please note that reviews written with irrelevant content referring to another product or company will not be published. Moreover, reviews in an incomprehensible language, HTML content, promotional campaigns, abusive or defamatory language will not be published.
21.4 Other reviews/queries: In case you want to give us a shout-out on our services like delivery, return, refund, promotional offers, discount coupons and so on, you can shoot us an email at email@example.com For queries about the product size, colour, availability, you can contact our customer care representative.
- Links to other websites:
22.1 This website may contain links to other websites or you may be linked through other websites (“Linked website “). The Linked websites are for your convenience only and you access them at your own risk. We are not responsible for the content of the Linked websites, whether or not PEACH BLOSSOM is affiliated with sponsors of the websites. We do not in any way endorse the Linked website.
- DISCLAIMER OF WARRANTIES:
23.1 PEACH BLOSSOM has endeavored to ensure that all the information on the website is correct, but PEACH BLOSSOM neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall PEACH BLOSSOM be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from (a) the use or the inability to use the Services;(b) unauthorized access to or alteration of the user’s transmissions or data;(c) 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 Website or Service. Neither shall PEACH BLOSSOM be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, PEACH BLOSSOM shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond PEACH BLOSSOM’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
- Limitation Of Liability and Indemnity:
24.1 Except in relation to our contractual obligations to supply goods following acceptance of orders placed on our website, neither we nor any of our directors, employees, suppliers or other representatives will be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use of the website.
24.2 You agree fully to indemnify us, our directors, employees, suppliers or other representatives from and against all liabilities against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the conditions by you or any other liabilities arising out of your use of this website. We may terminate your use of the website immediately if we consider that you have breached these terms and conditions.
- Trademarks and Copyright statement:
25.1 All material and content on the website, including but not limited to the images, illustrations, audio clips, video clips, blogs, articles, logos, trademarks and/or service marks are protected by copyrights, trademarks, and other intellectual property rights (“Content”) that are owned and controlled by us or by other parties that have licensed their material to us. You are prohibited from using any Content for any purpose including, but not limited to use as meta-tags on other pages or websites on the World Wide Web without the written permission of PEACH BLOSSOM or such third party which may own the Marks. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the website in any way for commercial or public purposes.
- GOVERNING LAW:
26.1 These terms shall be governed by and constructed in accordance with 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 the courts at Delhi
- Dispute Resolution by Arbitration:
27.1 Any dispute or claim between us arising out of any use of this website, including the applicability or scope of this arbitration clause shall be referred to and finally resolved by a Sole Arbitrator appointed by PEACH BLOSSOM, to the exclusion of courts of law, in accordance with the Indian Arbitration Act, 1996. However, before you submit a claim for arbitration, you must first contact customer service representative at PEACH BLOSSOM and give him/her an opportunity to resolve the dispute. Similarly, before we take a dispute to arbitration, we will first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you may inform PEACH BLOSSOM to appoint Arbitrator to resolve the dispute and we shall within 15 days from the receipt of such intimation, appoint the Sole Arbitrator. The venue of the Arbitration shall be at Mumbai and the language of the Arbitration shall be English and the applicable Law shall be the Laws of India.
27.2 Any award rendered pursuant to the arbitration shall be final and binding on both parties and no appeal shall lie from such award. Such award may be rendered enforceable and executed by any court having jurisdiction over the person or the property of the person against whom enforcement of the award is sought.
27.3 Notwithstanding the provisions in this Clause, PEACH BLOSSOM shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information etc.
28.1 The headings and subheadings herein 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 herein or any other section or pages of the Website or any Linked websites in any manner whatsoever.
29.1 If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
30.1 We reserve the right, at our sole discretion, to change, modify, add, amend or remove any part of these Terms and Conditions from time to time and it is your responsibility to check these Terms and Conditions from time to time for changes. We may modify or withdraw, temporarily or permanently, the Website (or any part of it) and we shall not be liable to you or any third party for any modification to or withdrawal of the Website. If you do not agree to our right to change the Website or the Terms and Conditions from time to time, please do not use the Website.
30.2 When you use the website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. From time to time, we will also send you marketing material. If you do not wish to receive such material, you may unsubscribe from our mailing list at any time by using the unsubscribe function in the electronic marketing communication or by contacting Customer Care. 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.