These are the terms and conditions (as amended from time to time) governing use of this website and the agreement that operates between us and you (the "Terms" ). These Terms set out the rights and obligations of all users ("you" / "your") and those of POCHAMPALI ("us" / "our" / "we" / "the Vendor") in relation to the goods/services offered by us through this website or any of the other websites to which we may link (hereinafter collectively known as the "POCHAMPALI Services"). Before you click on the "Process order" button at the end of the ordering process, please carefully read these Terms and Our Privacy Statement. By using this website or placing an order through it you are consenting to be bound by these Terms and Our Privacy Statement . If you do not agree to all of the Terms and the Privacy Statement , do not place an order.
If you have any questions about the Terms or the Privacy Statement , please contact us at POCHAMPALI at D 365, First Floor, Defence Colony, New Delhi – 110 024
USE OF OUR WEBSITE
These Terms are the only conditions that are applicable to the use of this website and POCHAMPALI Services, and replace all other conditions, except with the express, prior written agreement of the Vendor. You agree that, by placing your order, you unreservedly accept these Terms, having read and understood them. These Terms are important for both you and us as they have been designed to protect your rights as a valued customer and to protect our rights as a business and to create a legally binding agreement between us.
· You may only use the website to make legitimate enquiries or orders.
· You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made we shall be entitled to cancel the order and inform the relevant authorities.
· You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Privacy Statement ).
· If you do not give us all of the information that we need, we may not be able to complete your order.
· You agree that:
By placing an order through the website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
Items offered over this website are available for delivery globally.
HOW THE CONTRACT IS FORMED
The information set out in the Terms and the detail contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any products shall exist between us and you until your order has been accepted by us (whether or not funds have been deducted from your account). If we do not accept your offer and funds have already been deducted, these will be fully refunded.
To place an order, you will be required to follow the shopping process online and press the "Authorise payment" button to submit the order. After this you will receive an e-mail from us acknowledging that we have received your order (the "Acknowledgement of Receipt"). Please note that this does not mean that your order has been accepted. Your order constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (the Order Confirmation). The contract for the purchase of a product between us (Contract) will only be formed when we send you the Order Confirmation.
The Contract will relate only to those products whose dispatch we have
confirmed in the Order Confirmation. We will not be obliged to supply any other
products which may have been part of your order until the dispatch of such
products has been confirmed in a separate Order Confirmation.
AVAILABILITY OF PRODUCTS
orders for products are subject to availability and in this regard, in the
event of supply difficulties or because products are no longer in stock, we
reserve the right to give you information about substitute products of an equal
or higher quality and value which you can order. If you do not wish to order
such substitute products we will reimburse any monies that you might have paid.
REFUSAL OF ORDER
reserve the right to withdraw any products from this website at any time and/or
remove or edit any materials or content on this website. Whilst we will use our
reasonable endeavours to Authorise payments submitted to us, there may be
exceptional circumstances which mean that we may need to refuse to process or
accept an order after we have received it or sent you an Acknowledgement of
Receipt, which we reserve the right to do at any time, at our sole
We will not be liable to you or any other third party by reason of our withdrawing any product from this website, removing or editing any materials or content on this website or for refusing to process or accept an order after we have received it or sent you an Acknowledgement of Receipt.
RISK AND TITLE
Products will be at your risk from the time of delivery.
Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery (as defined in clause 8), whichever is the later.
PRICE AND PAYMENT
Fill in your credit card details.
Click "Authorize payment"
price of any products will be as stipulated on our site from time to time,
except in cases of obvious error. While we try to ensure that all prices on the
website are accurate, errors may occur. If we discover an error in the price of
products you have ordered, we will inform you as soon as possible and give you
the option of reconfirming the order at the correct price or cancelling it. If
we are unable to contact you, the order will be treated as cancelled and if you
have already paid for the products you will receive a full refund.
We are under no obligation to provide the product(s) to you at the incorrect (lower) price (even after we have sent you a Order Confirmation) if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as incorrect price.
The prices on the website include VAT but exclude delivery costs, which will be added to the total amount due.
Prices are liable to change at any time, but (other than as set out above)
changes will not affect orders in respect of which we have already sent you a
Once you have finished shopping all the items you wish to purchase are added to your basket, your next step will be to go the checkout process and make payment.
To do this:
1. Click the "shopping bag" button at the top of the page.
2. Click on the "checkout" button.
3. Fill-in or check your contact details, the details of your order, the address to which you wish the order to be delivered and the invoicing address.
can be made by Visa, Mastercard, Affinity Card, and American Express card. To
minimise the possibility of unauthorised access, your credit card details will
be encrypted to minimise the possibility of unauthorised access or disclosure.
Authority for payment must be given at the time the order is made.
By clicking "Authorise payment" you are confirming that the credit card is yours.
We use PayU Money to ensure payment is made safely.
Credit cards are subject to validation checks and authorisation by your card issuer but if your card issuer fails to authorise payment to us, we will not be liable for any delay or non-delivery and may not be able to form a Contract with you.
VALUE ADDED TAX
Pursuant to the prevailing rules and regulations in force, all purchases done through the web site are subject to the Value Added Tax (VAT).
LIABILITY AND DISCLAIMERS
liability in connection with any product purchased through our site is strictly
limited to the purchase price of that product.
Nothing in these Terms shall exclude or limit in any way our liability:
Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise stated in these Terms, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including (without limit) for any:
(i) loss of income or revenue;
(ii) loss of business;
(iii) loss of profits or contracts;
(iv) loss of anticipated savings;
(v) loss of data; and
(vi) waste of management or office time.
Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website.
All product descriptions, information and materials posted on this website are provided "as is" and without warranties express, implied or otherwise howsoever arising.
We warrant to you that any product purchased from us through this website is of satisfactory quality and reasonably fit for all of the purposes for which products of the kind are commonly supplied. To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind, whether express or implied, in relation to the products available on this website.
Products sold by us will often contain the natural characteristics of the materials used in the manufacture of the completed product. Natural characteristics such as grain, texture, knots and colour variation should not be classed as faults or defects. Inconsistencies in these natural characteristics should be expected and appreciated. We select only products of the highest quality but natural characteristics are inevitable and should be accepted as part of the individual appearance of the product.
Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights.
You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. This does not prevent you using this website to the extent necessary to make a copy of any order or Contract details.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
notices given by you to us should be sent to us on firstname.lastname@example.org. Subject
to and as otherwise specified, we may give notice to you at either the e-mail
or postal address you provide to us when placing an order.
Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any
of your rights or obligations arising under it, without our prior written
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.
EVENTS OUTSIDE OUR CONTROL
will not be liable or responsible for any failure to perform, or delay in
performance of, any of our obligations under a Contract that is caused by
events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
we fail, at any time during the term of a Contract, to insist upon strict
performance of any of your obligations under the Contract or any of these terms
and conditions, or if we fail to exercise any of the rights or remedies to
which we are entitled under the Contract, this shall not constitute a waiver of
such rights or remedies and shall not relieve you from compliance with such
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above.
any of these Terms or any provisions of a Contract are determined by any
competent authority to be invalid, unlawful or unenforceable to any extent,
such term, condition or provision will to that extent be severed from the
remaining terms, conditions and provisions which will continue to be valid to
the fullest extent permitted by law.
These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
Both you and us acknowledge that, in entering into a Contract, neither you nor
us has relied on any representation, undertaking or promise given by the other
or be implied from anything said or written in negotiations between you and us
prior to such Contract except as expressly stated in these Terms.
Neither you nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.