TERMS AND CONDITIONS
- Eligibility to purchase
- Pricing policy
- Sale price adjustment policy
- Acceptance of your order
- Gift cards
- Insurance and delivery
- Returns and exchanges
- Intellectual property rights
- No commercial use
- Your activity
- Third party sites
- Your rights
- Limits on our liability
- Our relationship
- No waiver
- Governing law
To use some of the services or features made available to you on this Site, you will need to register. When you register you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at the following email address email@example.com. We may also change registration requirements from time to time.
ELIGIBILITY TO PURCHASE
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, email address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The website is available only to individuals and others who meet the ESKE terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to ESKE, whose applications are acceptable to ESKE and who have authorised ESKE to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. ESKE reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise, you expressly authorise us to perform credit checks and where ESKE feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions.
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. ESKE offers products for sale that are in stock and available for dispatch from our distribution centre. Occasionally however, we may be waiting for shipments from our designer suppliers. ESKE will store a record of your transactions for a minimum of one year.
Prices shown on the Site are in INR and are inclusive of GST at the applicable. All prices and offers remain valid as advertised from time to time. The INR price of a product displayed on the website at the time the order is accepted will be honoured. Product prices are set at the beginning of each season. These prices are subject to change.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it. Unless you cancel your order, acceptance of your order and completion of the contract between you and ESKE will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Mumbai (India) and the language of the contract is English.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the website whether or not that merchandise has been sold, removing, screening or editing any materials or content on the website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment can be made by Visa, MasterCard, American Express, Maestro and JCB cards, and any other methods which may be clearly advertised on the Site from time to time. Once this transaction is complete, you will then return to www.eske.in. Payment will be debited and cleared from your account upon dispatch of your order by ESKE. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to ESKE, we will not be liable for any delay or non-delivery.
We take reasonable care to make our website secure. All credit/debit card transactions on this site are processed using PayU, a secure online payment gateway that encrypts your card details in a secure host environment. These details will be fully encrypted and only used to process card transactions which you have initiated.
To help ensure that your shopping experience is safe, simple, and secure, ESKE uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.
INSURANCE AND DELIVERY
ESKE insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by ESKE, and transfer of responsibility in the same way.
Please note that we aim to dispatch all orders within 48 hours, or 72 hours during sale periods. All orders that have been place in the second half of Friday till Sunday will only be dispatched on the following Monday. There will be no dispatches on Festivals and bank holidays. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. ESKE is not responsible for any delays caused by destination clearance processes.
RETURNS AND EXCHANGES
Items should be returned for exchange unused and with all ESKE tags still attached. Exchanges that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused. All refund (case sensitive) will be made between 10-15 working days post confirmation. Where provided, belts and any designer packaging such as authenticity cards, dust bags, and leather tags should be included with your return/exchange. Please email firstname.lastname@example.org if any of your purchases have been delivered without ESKE tags. All items returned should have a Return Merchandise Authorisation (RMA) number to allow easy identification and prompt processing. Unidentified returns may be returned to the sender.
Goods are faulty if they are received damaged or where a manufacturing fault occurs within three months of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty. If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.
We have made every effort to display as accurately as possible the colours of our products that appear on ESKE. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any colour will be completely accurate.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including ESKE Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by ESKE and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. ESKE tries to ensure that the information on this site is accurate and complete. ESKE does not promise that ESKE’s Content is accurate or error-free. ESKE does not promise that the functional aspects of the Site or ESKE’s Content will be error free or that this Site, ESKE Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.
We may include hyperlinks on this Site to other websites or resources operated by parties other than ESKE, including advertisers. ESKE has not reviewed all of the sites linked to its website and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
You have certain rights under the law.
1. That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site.
2. Certain remedies if a product is defective. Nothing in the TOS is intended to affect these rights. For more information about your rights contact the local authorities.
LIMITS ON OUR LIABILITY
We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents. Nothing in the TOS is intended to affect your rights under the law (see “Your Rights” above). If ESKE breaches the TOS we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and ESKE at the time of you placing your order, and ESKE dispatching your order. We shall only be liable for losses up to 100% of the total value of goods purchased. We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity). We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.
At our request, you agree to compensate us fully, defend us, and hold us ESKE harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and ESKE as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of ESKE, and we shall not be liable for any representation, act, or omission on your part.
If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.
The TOS together with all our policies and procedures will be governed by and construed in accordance to the relevant Indian law and the relevant courts of the India will have exclusive jurisdiction.