‘www.lofaroshop.com’ is an online e-commerce marketplace by ‘Lo Faro Shop Private Limited’(hereinafter referred to as ‘us’, ‘we’, ‘our’). The portal provides e-commerce marketplace through its website ‘www.lofaroshop.com’ and also through web-based applications, mobile applications.

We at Lo Faro shop  believe that every person must be made aware of the company policies and create strong relationship with our users. We value that you put your trust in us when you use the Lo Faro shop  Website or web based application or mobile application. Therefore, it becomes pertinent for us that we make necessary disclosures to you.

Any person for any purpose or otherwise accessing, using, visiting, browsing, viewing, downloading from,  uploading to, utilizing, the Lo Faro shop  Website or web based application or mobile application or any feature or component or part or page or section of these by whatever name called shall be bound by this privacy policy

By choosing to access, use, visit, browse, download from, upload to, utilize the Lo Faro shop  Website or web based application or mobile application or any feature or component or part or page or section of these by whatever name called, you agree that you have read this privacy policy and expressly agree with whatever is stated therein. If you do not agree with whatever is stated herein in this privacy policy or terms & conditions, you may choose to leave. However, if you continue to access, use, visit, browse, download from, upload to, utilizing (hereinafter referred to as ‘use’ or ‘using’) the Lo Faro shop  Website or web based application or mobile application or any feature or component or part or page or section of these by whatever name called (hereinafter referred to as ‘site’,), you are required to give your express consent and acceptanceto the Privacy Policy and terms and conditions. By choosing the ‘I Agree’ option on the Home Page, you will have given express consent to the Privacy Policy and Terms Conditions.

We retain the right to modify this Privacy policy without any previous notice, The Privacy Policy with the changes shall be placed on the website for you reference. You may review the same at your end. Wherever and whenever possible by the Lo Faro shop  it will send you a mail regarding change in the policy

What does this policy contain? This policy amongst other things deals with

  • What is the information collected by us?
  • Why is information collected by us and what manner the information is collected?=.
  • How is the information collected?
  • Other disclosures as deemed necessary by us and required by the applicable law in force.

The information collected by us is the voluntary information provided by you. Such as the information is collected to provide better services to you, to provide you with a unique user experience on our portals. Also we may collect certain information when you use the site. We require this information to distinguish you from other users. Besides the voluntary information given by you we may collect information that is automatically tracked when you use the site.

Lo Faro shop  requires you to provide the personal details such as name, userid, password, email, age, location, etc. In order to verify your identity you may also be required to provide Permanent Alternate Number. We may also require you to provide us sensitive personal information such your bank details or credit card details or other financial details so that we can transfer the amount(s) to your account.If you choose to post messages on our message boards, chat rooms or other message areas or leave feedback, we will collect that information you provide to us. We retain this information as necessary and also resolve disputes, provide customer support and troubleshoot problems as permitted by law.

If you volunteer to serve as a beta user, we may track bug reports and potentially individual system performance in an effort to rigorously test pre-deployed technology.Please note that information we receive in reference to a job posting or via unsolicited communications do not fall under the scope of this Privacy Policy. However, information from your resume will be used solely for the purpose of evaluating your candidacy for employment.

Anyone using the Site from outside of territory should be aware that personal information collected on the Site may be stored and processed in which we or our affiliates, subsidiaries or agents maintain facilities, and by using the Site, you consent to any such transfer of information outside of your country.

When you use the site certain limited information such as but not limited to IP addresses, your behaviour on the site, your connection to internet, other non personal information such pages viewed, time spent our Site, and the websites visited just before and just after our Site. we may also use log files on the server side. The data held in log files includes your IP (Internet Protocol) address, browser type, e-mail application, Internet service provider, referring/exit Web pages, computer platform type, date/time stamp, and user activity. These information may be used by us and third party service providers for the purpose of analytics, market research, for purpose of gathering data, storing, improving the services, analyse trends, administer the services etc. If you are using the mobile based application in that case we may also use and collect data related to (i) mobile device type and device properties; (ii) mobile device software platform and firmware; (iii) mobile phone carrier; (iv) geographical data no more accurate that metropolitan areas; (v) other non-personal data

In addition, the software enabling the Site may have associated log and temporary files that are stored on our servers or third party servers. These files store your account information, preference settings, system notifications as well as other data necessary to enable you to participate on the Site. Your information may also exist within regularly performed server backups. The foregoing information is collected on an aggregated and anonymous basis.

We also use cookies or other similar tools to improve the effectives, usability of the user. These helps to collect data which is unique to the user. However, by doing so we do not receive who the user is unless user provides personal information. “Cookies” are small files placed on your hard drive that assist us in providing our services. We offer certain features that are only available through the use of a “cookie”. We also use cookies to allow you to enter your password less frequently during a session. Cookies can also help us provide information that is targeted to your interests. You have the option to decline cookies in your browser setting. The cookies do not read or access any data on the user’s hard drives. You can also delete any cookies downloaded or installed in your browser. You may encounter “cookies” or other similar devices on certain pages of the Website that are placed by third parties. We do not control the use of cookies by third parties

Besides these your information may also be received by us through any other existing user who chooses to invite you to the site. In that case we will receive your name, e mail id, Facebook or other SNS details. We do not have control when the details are provided by any users.

The personal information shared by you may also be used in for the purpose of sending emails, promotional offers, messages, and any other communication. The information provided by you shall be used for informing you about the other service provided by us.

We hereby inform you that in order to provide services to you and to carry out functions we utilize third party service providers. We are required to share the information provided by you or collected from you to these service providers for the reasons as set out before. We may share the information provided by you or collected from you to ensure the safety and security of our own databases, networks, software’s, servers, computers and also to protect our rights and interests or that of the third parties whose services we avail.

Further we may be required to share the information provided by you or collected from you to the Government agencies mandated under the law to obtain information including sensitive personal data or information for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution, and punishment of offences. Also, any information provided by you or collected from you including sensitive personal data or information including any information may be shared with third party by an order under law or for the time being in force.

We further inform you that there is always a possibility of change in ownership, business decisions, or that we may acquire additional businesses or increase or improve the services provided or otherwise we may be required to transfer the information provided by you or collected from you including sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, we will try to ensure that same level of data protection is adhered to. However, we cannot guarantee the same.

The site may contain links to other third party sites. We do not have control over these. They may have their own policies. You are requested to review their privacy policies. We also take no responsibility for the practices of third party sites. We disclaim any representations or warranties expressed on any other site.

All information collected from you is stored securely on our or third party servers. We exercise control over such database. There are security measures in place such as firewalls, encryption. The access to this information is password protected and the physical access is limited to our certain employees and employees of third party service providers. The third party service providers do not have further rights to use information provided by for their own promotional purposes

We have employed generally accepted industry standard to protect the information provided by you once we receive it. We strive to protect your information but no system or process or mode of transmission or storage or internet or device is 100% secure. Further any information posted by you on the discussion boards, comments section will be visible to others. We do not accept the responsibility for any loss or harm caused to you for whatever reasons. Several other websites, emails, blogs, links, etc may be received by you as if it were supposed to be sent by us or associated with us. We are not responsible for any such communication and how you deal with. We take no liability for the same and any thing or happening that follows after you access, view such communication and/or provide to information in response in including any sensitive information. For your own protection we request you do not respond to any such communication.

Besides we have also no control over the security measures employed from the user’s end. We have no way of verifying that users our whether the information is provided from a secured environment. Your information may be at risk from your end or the user’s, we are not responsible for any risks amongst other things associated or arising from the user’s end.

We do not warrant that any site, mails, blogs, server, transmission are virus free. We will not be liable for any damages of any kind arising from the use of this site, including, but not limited to compensatory, direct, indirect, incidental, punitive, special and consequential damages, loss of data, goodwill, business opportunity, income or profit, loss of or damage to property and claims of third parties. In no event will we be liable for any damages or compensation whatsoever in an amount in excess of an amount of Indian Rupees 100 in total for claims of whatever nature and amount.

We can never verify that the information provided by the user belongs to the user. As a matter of policy any one below age of 18 cannot use Lo Faro Shop. The parents can request for removal of their children’s personal information. If your information has changed or if you no longer desire our service, you may correct, update or delete it by making a request to us

By using the Website and/ or by providing your information, you consent to the collection and use of the information you disclose on the Website in accordance with this Privacy Policy, including but not limited to Your consent for sharing your information as per this privacy policy.

If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Mohammed Aamin Shaikh

[email protected]

You hereby acknowledge that, if you use LO FARO SHOP (including www.lofaroshop.com and its related sites) (collectively “Lo Faro shop”), you agree to all of the following terms and conditions with LO FARO SHOP PRIVATE LIMITED and its subsidiaries and affiliates. You acknowledge and accept that this Agreement of Terms and Use (this “Agreement”) is effective as of the date you first used LO FARO SHOP and shall continue indefinitely, unless this Agreement is terminated by LO FARO SHOP. LO FARO SHOP PRIVATE LIMITED offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

Prior to your use of LO FARO SHOP, you must read and accept all of the terms and conditions of this Agreement and the LO FARO SHOP Privacy Policy. Your acceptance and agreement to be bound by all of the terms of this Agreement shall be deemed given by your use of the site, and you agree that this Agreement and the Privacy Policy will apply whenever you use LO FARO SHOP. If you use an affiliate or related website of LO FARO SHOP, you agree that this Agreement and the Privacy Policy shall be applicable to your use of that site unless such site has an agreement which specifically supersedes this Agreement. By visiting our site and/ or purchasing something from us, you engage in our “service” and agree to be bound by the following terms and conditions (“Terms of service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance limited to these Terms of Service.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. LO FARO SHOP affiliate sites may have additional or other terms or conditions.

 

I.         PARTIES AND APPLICABILITY:

 

In these General Terms and Conditions, the following terms have the following meanings: Lo Faro shop shall mean ‘LO FARO SHOP PRIVATE LIMITED”, with its registered office at 04, Bldg 12A, Sanchi CHS, Rc Marg, Vashinaka, Rly Crossing, Nr Buddha Vihar, Chembur (East), Mumbai, listed under company number: U74999MH2018PTC315222 , Seller or Advertiser shall mean every natural person (B2C) or legal entity (B2B) in a contractual relationship, of whatever nature, with Lo Faro shop or any other party via the online platform of Lo Faro shop. ‘Responding Party’, every natural person (B2C) or legal entity (B2B) in a contractual relationship, of whatever nature, with Lo Faro shop via its online platform. ‘(Listings)’: the object of one or several (electronic) agreements. Apart from these General Terms and Conditions, specific conditions may apply to certain services and/or products, if explicitly stated. Should there be any differences between those specific conditions and these General Terms and Conditions, the stipulations included in the specific conditions shall, in principle, prevail over the General Terms and Conditions, unless otherwise provided. Derogation from one or more of the stipulations included in these General Terms and Conditions can only be effectuated on condition that there is explicitly agreed evidence in writing. In that case, the remaining stipulations included in these Terms and Conditions shall remain fully in force. “LO FARO SHOP PRIVATE LIMITED ” reserves the right to modify and/or supplement the General Terms and Conditions at any time. By using the website or another electronic portal of “LO FARO SHOP PRIVATE LIMITED ” and/or placing a listing, the seller/purchaser accepts these General Terms and Conditions and all other rights and obligations as stated on the website. “LO FARO SHOP  PRIVATE LIMITED” can make an appeal to third parties if this is required for a correct execution of a contract with the Purchaser. Lo Faro shop can be reached via ‘www.lofaroshop.com’.

 

II.        INFORMATION AND CONTRACTS:

 

“LO FARO SHOP PRIVATE LIMITED” places information regarding the features of third party products/services online with the utmost care, including technical descriptions, which are based on details of its third party and suppliers, and photos to illustrate the listings. Certain secondary elements of an offer in response to a Listing, may not match the requirements specified in the Listing, as published on the website. An agreement is formed when the Responding Party

decides to comply with the request formulated in the Listing placed by the Seller/advertiser, and does so within the time span agreed by the parties and in accordance with the stipulated formalities. In order to finalise an agreement following a Listing that was placed on the website, a confirmation will be emailed to the email address submitted by the Seller/advertiser. Lo Faro shop , Seller/advertiser , and Responding Party expressly agree that a valid agreement can be formed through the medium of electronic forms of communication. In particular the absence of a verifiable regular, digital, or electronic signature does not diminish the binding force of the offer and acceptance thereof. Only persons aged 18 or over can enter into a valid agreement. Lo Faro shop’s electronic files shall in this case, insofar permitted by law, constitute presumption of evidence. Information, images, verbal messages, statements etc. relating to any Listings and the most important elements of Listings or associated offers submitted by phone or email are passed on (reflected) or made as accurately as possible.

 

III.        PRICES:

 

From the moment a Listing is placed by the Seller/advertiser, Responding Parties can submit a proposal. All prices are in INR and exclusive of Tax and TDS. Apparent or blatant errors in a Listing, such as evidently incorrect information, can be corrected by Lo Faro shop and/or the parties after formation of the agreement. The parties shall receive clear notification of possible additional costs involved.

 

IV.        PAYMENT:

 

The eventual payable price is the purchase price agreed by the parties, which is beyond the scope of Lo Faro shop’s activities. This amount must be paid as agreed by the parties in mutual consultation. Lo Faro shop should be considered an objective online intermediary, meaning that it does not have any kind of responsibility or authority regarding final payments. Registration and logging on is, in principle, free of charge until and unless users pay a membership fee at their own volition for added services and features.

 

V.        SALES TAX/SERVICE TAX:

 

If you purchase any Products/Services/make a listing on  www.lofaroshop.com , you will be responsible for paying any applicable taxes as per prevailing government tax rates.

 

VI.        IDENTITY THEFT AND CREDIT FRAUD:

 

In order to assure the safety of your online transactions, Lo Faro shop cooperates with authorized credit card payment partners and publishers. Online payments are executed via a closed security system (SSL), through which your bank details are always encrypted when they are sent via the Internet. Loss or theft of your identity or credit card information is hereby reduced to a minimum risk. Lo Faro shop believes all possible and appropriate precautions have been taken. Therefore, Lo Faro shop cannot be held liable for possible identity theft or financial theft. By using the website or making payment via the associated payment gateway you agree to waive any claim you may have against the third party payment gateway.

 

VII.       FORCE MAJEURE:

 

In case of force majeure, Lo Faro shop shall not be obliged to comply with its obligations in respect of the other party. Lo Faro shop will be entitled to suspend the performance of its obligations for the duration of the force majeure. Force majeure shall be taken to mean any circumstance beyond its control (due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, curfew, lockout, or boycott.) which entirely or partially prevents compliance with its obligations in respect of the other party.

 

VIII.       INTELLECTUAL PROPERTY:

 

All intellectual property rights and derived rights continue to be retained by Lo Faro shop. These intellectual property rights shall be taken to mean copyrights, trademark rights, designs and models rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable. The Purchaser is not allowed to make use of the intellectual property rights and/or make changes to them, unless it only concerns the private use of the product itself.

Refund and Cancellation Policy

Our focus is complete customer satisfaction. In the event, if you are displeased with the services provided, we will refund back the money, provided the reasons are genuine and proved after investigation. Please read the fine point  of each deal before buying it, it provides all the details about  the product you purchase.

In case of dissatisfaction from our services, customer  and vendor have the liberty to cancel their services and request a refund from us. Our Policy for the cancellation and refund will be as follows:

 Cancellation Policy

For Cancellations please contact the us on the given link.

Requests received pior SEVEN business days prior at the end of the current service period will be treated as cancellation for the next service period.

Refund Policy

We will try our best to create the suitable design concepts for our Customer.

In case any Customer  is not completely satisfied with our products we can provide a refund.

Lo Faro shop  is merely a market place. Return is a scheme provided by respective sellers directly in terms of which the option of exchange, replacement and/ or refund is offered by the respective sellers to you. All products listed under a particular category may not have the same return policy. For all products, the policy on the product page shall prevail over the general return policy. Do refer the respective item’s applicable return policy on the product page for any exceptions to the table below.

Items listed on Lo Faro shop  must meet minimum quality standards regarding safety, and they should be consistent with the description provided in the listing.

If a buyer pays for a product and finds that these minimum quality standards aren’t met, the buyer may be eligible for a refund. This refund policy allows the renter to file a claim against the seller to initiate a refund.

Lo Faro shop   will mediate this investigation and serve as the final arbiter of a decision.

To submit a valid claim and initiate the investigation, you must: File a claim within 24 hours from taking the delivery

Email :  [email protected]   with the Subject line: ‘Refund Claim Request’ .

Include the following items in your email:

A detailed description of the incident/product, a link to your profile or profile ID, a link to the listing or listing ID, other supporting information such as notes and photos that support your claim.

A Lo Faro shop   Customer experience Manager will reply to your email to initiate an investigation and a refund in case eligible.

If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase and in case of payment gateway the payments refund will be made to the same account.

Lo Faro Shop Private Limited, a private limited company incorporated under the Companies Act, 2013 and has its registered office At 504, Bldg 12A, Sanchi CHS, RC Marg Vashinaka, Rly Crossing, Nr Buddha Vihar, Chembur (East), Mumbai 400074, through      Mr. Ashraf Gani, its duly Authorised Representative (hereinafter referred to as “Company”), of the Second Part.

 

WHEREAS:

  1. The Company is engaged in carrying on in India or abroad the business of buying, selling, reselling, exporting, and trading whether online or offline all kinds of goods finished, semi-finished, raw material items, articles, merchandise, products such as agricultural, industrial, stones, pieces of arts, antiques, handicrafts, kitchenware and home appliances, fabric, footwear, machinery, equipment and any other item capable of purchasing, selling, importing, exporting and trading and to be appointed as agents and/or distributors on commission, allowance, retainer ship, incentive basis.
  1. The company is desirous of setting up an online store and has offered to sell Vendor products through the said online store.
  1. The above-referred Vendor and Company are hereinafter collectively referred to as “Parties” and individually as “Party”.

 

NOW THIS AGREEMENT WITNESSETH HEREWITH:

 

  1. Definitions

 For this Agreement, the following words and phrases shall have the meaning assigned to them under this Article.

  • “Customer” shall mean any individual, group of individuals, firm, company, or any other entity placing an order for the Products of the Vendor through the Online
  • “Price” shall mean the cost at which the Products are to be delivered to the Customer inclusive of Shipping charges, if
  • “Effective Date” shall mean the date on which this Agreement is
  • “Vendor” shall mean the entity incorporated or otherwise more specifically described hereinabove, which sells its products through the Online Store.
  • “Online Store” shall mean a virtual electronic store created for the sale of the Vendor’s Products either through the website of the Company or any other gadget or instrument displaying the particulars of the Vendor’s Products available for sale, or any other means by which the Customer places an order for the Product of the Vendor. “Order” shall mean an order for the purchase of products wherein the customer has agreed to purchase the product upon the terms and conditions and at the Price indicated on the online store of the
  • “Products” shall mean merchandise items of the Vendor put up for sale on the Online Store by the
  • “Price” means the sale price of a product inclusive of delivery charges and applicable
  • “Shipping Charges” shall mean the logistics/courier/postal charges including all taxes incurred for delivering the product(s) to the Customer.
  • “Shipment Cost” shall mean the cost and taxes recovered by the Company from the Vendor per order for handling the logistics.

 

  1. Arrangements 
  • The Company shall offer to the Vendor its services for facilitating the online sale of the Vendor’s product which shall include hosting and technology, customer support, logistics services (if availed by the Vendor), payment services, and all the other related services to ensure customer satisfaction on behalf of the Vendor. For this arrangement, the Vendor shall pay service charges as specified under these presents, to the Company for the sale being effected through the Online Store created on the website or any other gadget or instrument displaying the particulars of the Vendor’s Products available for sale.
  • Based on mutual agreement, it is agreed by and between the parties hereto that the Vendor shall put up for sale its Products on the said Online Store, subject to the terms and conditions hereinafter contained. The vendor further agrees and acknowledges that the shopping transaction shall be governed by the “Terms of Use” as on the website or any other gadget or instrument.

 

3.      Consideration and Payment Terms

  • The Company shall collect the Payment on behalf of the Vendor in respect of the Orders received through the Online Store. In consideration of the services rendered under these presents, the Company shall charge the Services charges to the Vendor at the rates specified by the Company.
  • The Company shall pay the Vendor an amount recovered as Price minus the sum of shipping charges, service charges, and shipment cost in respect of approved order(s) through the Online Store. The said Shipment cost will be independent of the Quantity shipped for a transaction by a particular customer. However, in the event, the Vendor handles the Shipment of the Products; the Company shall pay the Vendor an amount recovered as Price minus the service charges. Any amount to be paid to the Vendor by the Company shall be paid net of reversals.
  • In the event any order is reversed due to “Damaged product”, “Quality Issue”, “Not delivered” or “Wrong Item delivered”, the Vendor agrees that the Company shall levy the Service charges, plus a penalty of the service charge of the product and the said charges will be deducted from the amount due and payable to the Vendor.
  • Remittance of the Sale Proceeds to Vendor shall be done by Company in the following manner:
    • The vendor shall prepare a consolidated advice list of all orders delivered to the customer, 5 times in a month for every 7 The Company shall within 7 working days of receipt of advice process the amount due to the Vendor and dispatch the Cheque favoring or in respective account “ ”.

 

  1. Obligations of the Vendor

The Vendor shall:

The vendor shall ensure not to upload any description/image/text/graphic that is unlawful, illegal, objectionable, obscene, vulgar, opposed to public policy, prohibited, or is in violation of intellectual property rights including but not limited to Trademark and copyright of any third party.

The vendor shall ensure to upload the product description and image only for the product which is offered for sale through the Online Store and for which the said Online Store is created.

  • The vendor shall provide a full, correct, accurate, and true description of the product to enable the customers to make an informed decision.
  • The vendor shall be solely responsible for the quality, quantity, merchantability, guarantee, and warranties in respect of the products offered for sale through their online store.
  • The vendor shall hand over the products to the delivery person of the Company or Third-party over the counter as specified in the product description on its online store.

In the event the products are not accepted by the Customer due to any wrong/damaged products dispatched, then the same shall be picked up by the delivery person and taken the product to the nearest hub of the Company at no extra cost to the aggrieved customer.

Since the Company is a Facilitator, the Vendor hereby authorizes the Company to entertain all claims of return of the Product in the mutual interest of the Vendor as well as the Customer.

The Vendor shall not send any of its promotional or any other information with the Products ordered by the customer and also shall ensure that no material or literature is sent which may be detrimental to the business/commercial interests of the Company.

The vendor shall raise the invoice in the name of the Customer. The vendor further undertakes and agrees to raise the invoice to an amount equivalent to the amount displayed on the online store to the Company.

The Vendor shall not offer any Products for Sale on the Online Store, which are prohibited for sale, dangerous, against the public policy, banned, unlawful, illegal, or prohibited under the Indian laws.

The Vendor shall ensure that they own all the legal rights in the Products that are offered for sale on the Online Store. The Vendor shall pass on the legal title, rights, and ownership of the Products sold to the Customer.

  • The Vendor shall be solely responsible for any dispute that may be raised by the customer relating to the goods, merchandise, and services provided by the Vendor.

The Vendor shall at all times during the pendency of this agreement endeavor to protect and promote the interests of the Company and ensure that third parties rights including intellectual property rights are not infringed.

The Vendor shall at all times be responsible for compliance with all applicable laws and regulations including but not limited to Intellectual Property Rights, Local Sales Tax, Central Sales Tax, Service tax, Value added tax, Standards of Weights & Measures legislation, Sale of Goods Act, Excise and Import duties, Drugs and Cosmetics Act, Drugs and Remedial Magic Act, Code of Advertising Ethics, etc.

 

5.      Warranties, Representations, and Undertakings of the Vendor

 The Vendor warrants and represents that:

  • They have the right and full authority to enter into this Agreement with the All their obligations under this Agreement are legal, valid, binding enforceable in law.

No proceedings are pending, which may have a material adverse effect on their ability to perform and meet their obligations under this Agreement. That they are an authorized business establishment and hold all the requisite permissions, authorities, approvals, and sanctions to conduct their business and to enter into an arrangement with the Company.

They shall at all times ensure compliance with all the requirements applicable to their business and for this arrangement including but not limited to Intellectual Property Rights, Sales Tax, Central Sales Tax, Service tax, Standards of Weights & Measures legislation, Sale of Goods Act, Value added tax, Excise and Import duties, etc. They confirm that they have paid and shall continue to discharge all their obligations to statutory authorities.

That they have adequate rights under relevant laws including but not limited to various Intellectual Property Legislation(s) to enter into this Agreement with the Company and perform the obligations contained herein and that it has not violated/ infringed any intellectual property rights of any third party.

That they shall provide the Company with copies of any document required by the Company for this performance of its obligations under this arrangement upon receiving written notice from the Company.

The vendor shall pay the Company a service charge as specified by the Company on every transaction it enables and that Vendor shall provide all completed transaction details to the Company for record-keeping and reconciliation.

  • Vendor shall before the release of any promotion/advertisement material seek prior written approval for the same from the Company, in so far as the same relates to services offered according to the terms of this Agreement.

           

  1. The company reserves the right

The company reserves the right to provide and display appropriate disclaimers and terms of use on the portal.

At any time if the Company believes that the services are being utilized by the Vendor or its Customer in contravention of the terms and provisions of this Agreement, Terms, and conditions of use of the portal, the Company shall have the right either at its sole discretion or upon the receipt of a request from the legal/statutory authorities or a court order to discontinue/terminate the said service(s) to Customer or the End-user as the case may be, without liability to refund the amount to the Vendor to forthwith remove/block/close the online store of the Vendor and furnish such details about the Vendor and/or its customers upon a request received from the Legal/ Statutory Authorities or under a Court order.

 

7.      Indemnity

The Vendor indemnifies and shall hold indemnified the Company, its directors, officers, employees, representatives, and agents from and against all losses, damages, claims, suits, legal proceedings, and otherwise howsoever arising from or in connection with any claim including but not limited to claim for any infringement of any intellectual property rights or any other rights of any third party or law, concerning quality, quantity and any claim about the Vendor’s product, the breach of any of the Vendor’s warranties, representations or undertakings or about the non-fulfillment of any of its obligations under this Agreement or arising out of the Vendor infringing any applicable laws, regulations including but not limited to Intellectual Property Rights, Local Sales Tax, Central Sales Tax, Service Tax, Value Added tax, The Standards of Weights & Measures legislation, Excise, and Import duties, etc.

The Company agrees to indemnify and to keep indemnified the Vendor in respect of all claims losses and expenses (including the cost of litigation if any) arising out of any breach or default part of the Company to perform its obligations under this Agreement.

 

  1. Company not Liable

The Company based on representation by the Vendor has created the online store of the Vendor on the portal to enable the Vendor to offer the Vendor’s products for sale through the said Online Store. This representation is the essence of the Contract.

The Company shall under no circumstances be liable or responsible for any loss, injury, or damage to the Vendor, or any other party whomsoever, arising on account of any transaction under this Agreement or as a result of the Products being in any way damaged, defective, in an unfit condition, infringing/ violating any laws/regulations/intellectual property rights of any third party.

Vendor agrees and acknowledges that Vendor shall be solely liable for any claims, damages, or allegations arising out of the Products offered for sale through its online store (including but not limited to quality, quantity, price, merchantability, use for a particular purpose, or any other related claim) and shall hold the Company harmless and indemnified against all such claims and damages.

Further, the Company shall not be liable for any claims, or damages arising out of any negligence, misconduct, or misrepresentation by the Vendor or any of its representatives.

The Vendor hereby agrees, confirms, and acknowledges that the Product is owned by the Vendor and that the Company is merely a facilitator for the sale of the Vendor’s Product, hence the Company is not responsible/ liable for the Product, its design, its function, and condition manufacturing and selling and financial obligations, warranties, guarantees whatsoever.

 

9.   Term, Termination, and effects of TerminationTerm

The Term of this Agreement shall commence on the date of execution of the contract.

This Agreement may be terminated by the Company in the event:

  • The vendor fails to make payment of the agreed amount.
  • The vendor commits a material breach of any representation, obligations, covenant, warranty, or term of this agreement and the same is not rectified within 30 days after written notice given by the Company.
  • If a Petition for insolvency is filed against the
  • If the Vendor is in infringement of the third party rights including intellectual property
  • This Agreement may be terminated by either party giving the other 30 days written

Effect of Termination:

In the event of termination/expiry of this Agreement, the Company shall remove the Links and shall discontinue display of the Products on the Online Store with immediate effect.

The company shall not be liable for any loss or damages (direct, indirect, or inconsequential) incurred by the Vendor under termination of this agreement.

During the period under notice, both the parties shall be bound to perform their obligations incurred under this agreement and this sub-clause shall survive the termination of this agreement.

 

10.     Arbitration

Any dispute arising out of or related to or connected with any provisions under this Agreement shall be referred to the arbitration of a single arbitrator to be appointed jointly by the parties.

The arbitration shall be conducted in Mumbai under the Arbitration and Conciliation Act of 1996 or any modification or reenactment for the time being in force.

The language of the arbitration shall be English. The arbitration shall be held in Mumbai, India.

The award of the arbitrator or arbitrators as the case may be shall be final and binding on the parties.

 

  1. Jurisdiction and Governing law

The obligations, performance, interpretation, and contents shall be governed by Indian law.

  • Subject to the provisions of negotiation and arbitration each Party irrevocably and unconditionally submits to the jurisdiction of Courts in Mumbai.

 

  1. Notices

All notices and other communication under this Agreement shall be in writing and English and either delivered by hand or sent by telex, fax, or courier in each case to the addresses set out at the beginning of this Agreement.

 

  1. Intellectual Property Rights

It is expressly agreed and clarified that, except as specified agreed in this Agreement, each Party shall retain the all right, title, and interest in their respective trademarks and logos and that nothing contained in this Agreement, nor the use of the trademark/logos on the publicity, advertising, promotional or other material about the Services shall be construed as giving to any Party any right, title or interest of any nature whatsoever to any of the other Party’s trademarks and/or logos.

 

  1. Entire Agreement

This Agreement embodies the entire agreement and understanding of the Parties and supersedes any other prior and contemporaneous agreements, arrangements, and understandings (whether written or oral) between the Parties concerning its subject matter.

 

  1. Assignment

Neither this Agreement nor any part of it is assignable, transferable, sub-licensable, sub contractable, or conveyable by Vendor, either by operation of law or otherwise, without the express, prior, written consent of the Company signed by an authorized representative of such Party.

 

 

16.     Confidentiality

The vendor agrees and undertakes to maintain the confidentiality of the information and user/customer data disclosed, generated, or made available to the Vendor under this Agreement.

The said information shall not be used by the Vendor for any purpose other than for the performance of its obligations under this Agreement. The vendor agrees that the unauthorized disclosure or use of such information would cause irreparable harm and significant injury, the degree of which may be difficult to ascertain. Accordingly, the Vendor agrees that the Company shall have the right to obtain an immediate injunction from any court of competent

jurisdiction enjoining breach of this Agreement and/or disclosure of the Confidential Information. The company shall also have the right to pursue any other rights or remedies available at law or equity for such a breach.

 

  1. Relationship of Parties

 Nothing in this Agreement will be construed as creating a relationship of partnership, joint venture, agency, or employment between the Parties. The Company shall not be responsible for the acts or omissions of the Vendor, and the Vendor shall not represent nor has, any power or authority to speak for, represent, bind or assume any obligation on behalf of the Company.

 

18.     Waiver and Amendment

No waiver of any breach of any provision of this Agreement constitutes a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions, and will not be effective unless made in writing and signed by an authorized representative of the waiving Party.

Except as expressly set out in this Agreement, no amendment is binding on the Parties unless it is in writing and signed by a duly authorized representative of each of the Parties.

 

  1. Force Majeure

Neither Party shall be responsible or liable for any delay or failure to perform its obligations (other than an obligation to make payment) under this Agreement due to unforeseen circumstances or any event which is beyond that Party’s reasonable control and without its fault or negligence, but not limited to, acts of God, war, riots, embargoes, strikes, lockouts, acts of any Governmental authority, delays in obtaining licenses or rejection of applications under the Statutes, failure of telephone connections or power failure, fire or floods.

 

  1. Miscellaneous
  • The Vendor shall pay  GST charges as applicable by the Indian law + Commission to the Company for selling their products on the portal in the following manner: Commission Rate
  • Virtual Products Listed and sold on the Website are not refundable.
  • The Vendor shall sell gift cards provided by the Lo Faro Shop Pvt. Ltd. from time to time as directed by the Lo Faro Shop Pvt. Ltd. and shall not have any disregard in doing so.
  • The period for Exchange shall be three days for electronic products and seven days for other products and Self-care products would not be refundable or replaced.
  • If any vendor does not pack orders within 48 hours then they have to bear 7% late fee charges of order value (including GST& Shipping Cost). If any vendor does not pack orders within 240 hours then they have to bear 35% late fee charges of order value (including GST& Shipping costs) and very orders which are canceled from the vendor’s end will cost them 50% of the order value (including GST& Shipping costs).

Shipping Policy

Thank you for visiting and shopping at www.lofaroshop.com.  Following are the terms and conditions that constitute our Shipping Policy.

Shipment processing time

All orders are processed within 2-3 business days. Orders are not shipped or delivered on weekends or holidays. If we are experiencing a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If there will be a significant delay in the shipment of your order, we will contact you via email or telephone.

Shipping rates & delivery estimates

Shipping charges for your order will be calculated and displayed at checkout.

Shipment confirmation & Order tracking

You will receive a Shipment Confirmation email once your order has shipped containing your tracking number(s). The tracking number will be active within 24 hours on the order page.

Customs, Duties, and Taxes

www.lofaroshop.com  is not responsible for any customs and taxes applied to your order. All fees imposed during or after shipping are the responsibility of the customer (tariffs, taxes, etc.).

Damages

If you received your order damaged, please contact [email protected]  to file a claim. As a marketplace, we will try our best to help you but  www.lofaroshop.com  is not liable for any products damaged during shipping. Please save all packaging materials and damaged goods before filing a claim.

Returns Policy

Our Return & Refund Policy provides detailed information about options and procedures for returning your order.