TERMS OF USE
Shofall and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Shofall.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Shofall service or visit or purchase from any business affiliated with Shofall, whether or not included in the Shofall Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
PRIVACY
Please review our Privacy Policy, which also governs your visit to Shofall.com, to understand our practices.
ELECTRONIC COMUNICATIONS
When you visit Shofall.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Shofall or its content suppliers. The compilation of all content on this site is the exclusive property of Shofall. All software used on this site is the property of Shofall or its software suppliers.
SITE ACCESS
Shofall grants you a limited permission to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it. This permission does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Shofall. You may not use any proprietary information (including images, text, page layout, or form) of Shofall and our affiliates without express written consent. You may not use any meta tags or any other hidden text utilizing Shofall name or trademarks without the express written consent of Shofall. Any unauthorized use terminates the permission granted by Shofall. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Shofall so long as the link does not portray Shofall, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Shofall logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Shofall and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send e-Gift Certificates and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Shofall reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Shofall and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Shofall and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Shofall or its affiliates for all claims resulting from content you supply. Shofall has the right but not the obligation to monitor and edit or remove any activity or content. Shofall takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Shofall are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Shofall and its affiliates attempt to be as accurate as possible. However, Shofall does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Shofall itself is not as described, your sole remedy is to return it in unused condition.
PRICING
Except where noted otherwise, the List Price displayed for products on our website represents the full price of the product.
With respect to items sold on Shofall, we charge your credit card before your order has entered the shipping process. For any reason if we are not able to ship you products as per your order, we will intimate you electronically and refund the value of the products not available. Any additional Shipping Fees, if applicable, will not be refunded.
SHIPPING
All of Shofall orders are shipped door-to-door from our warehouse in Ooty, India to your provided shipping address. Processing the order normally takes 2 working days and then Shipping normally takes 4-6 working days.
Shipping destinations offered by Shofall for delivery will be extended and updated from time to time and listed online. We do not ship backorders. We aim to keep every item on our website in stock. If there is an item which you purchase and then we realise this item is not available, we will promptly inform you within 2 working days of your purchase and fully refund your money for the out of stock item.
We can only process one shipping address per order. So, if you would like to order several items and ship to different people, please treat these as separate orders. We cannot ship to Post Office Box addresses and take no responsibility for non delivery of orders in case the delivery address includes P. O. Box details in any part or form.
You can track the package through the Order Tracking facility. If the package status is shown as undeliverable please call Customer Service and quote your tracking number to trace your package.
SIZING
The fit of our clothing depends on the cut, fabric and style of each garment. Some garments are designed to have a looser, relaxed fit and some garments are styled to be more fitted. Please review our sizing guide to select the size best suited to you.
COLORS
We have done our best to display as accurately as possible the colors of the products shown on this Web site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor display of any color will be accurate. Reds and blues tend to run. Please always wash like colours together and dry inside out in the shade. Silks must only be dry cleaned.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site is provided by Shofall on an as is and as available basis. Shofall makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, Shofall disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Shofall does not warrant that this site, its servers, or e-mail sent from Shofall are free of viruses or other harmful components. Shofall will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
INDEMNIFICATION
You agree to defend, indemnify and hold Shofall and its affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys fees, arising from or related to your use of the site.
APPLICABLE LAW
By visiting Shofall, you agree that the laws of India, under the jurisdiction of the Chennai High Court, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Shofall or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to Shofall or to products you purchase through Shofall shall be submitted to confidential arbitration in Chennai, India, except that, to the extent you have in any manner violated or threatened to violate Shofall intellectual property rights, Shofall may seek injunctive or other appropriate relief in any court in India or internationally, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing under the Indian Arbitration Act. The arbitrator award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site policies, modification, and severability Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to Shofall. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
“We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time”