Indie Stylery Private Limited (hereinafter referred to as "the Company", "we", "our", or "us"), having its registered office at 76B New Alipore, Block – E, Kolkata - 700053, West Bengal, and operating under the trade name Plakads Apparel, presents the following Terms and Conditions (hereinafter referred to as "T&Cs").
These T&Cs govern all transactions between the Company having CIN: U18209WB2021PTC244328 & GSTIN: 19AAGCI0952C1ZS and the customer (hereinafter referred to as "the Customer", "you", "your"), for orders placed on the Company's website or through other agreed upon mediums including via E-Mail, Text Messaging services and or any other medium as notified by the company.
1. Definitions and Interpretation
- 1.1 "Goods": Refers to the products manufactured by the Company or its authorised sub-contractors if applicable.
- 1.2 "Order": Refers to a purchase order placed by the Customer for the Goods.
- 1.3 "Force Majeure Event": Includes any act, event, non-happening, omission, or accident beyond our reasonable control, including but not limited to: strikes, lock-outs, or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, pandemic or epidemic, or default of suppliers or subcontractors.
- 1.4 "Point of Contact": Refers to the officer/employee of our company who is coordinating the order with the customer.
- 1.5 "Date of Dispatch": Refers to the date on which the products are delivered from our end, signifying our fulfilment of timely delivery of goods. It is the date on which we make the goods available for pick up by the logistics partners and the date is communicated to the customer.
- 1.6 "Date of Receipt": This refers to the date the customer receives the order. It is the date provided by the logistics partner. In the case the customer arranges for delivery from our location, it is date of pickup + 2 days (if outside Kolkata) and date of pickup if in Kolkata or nearby.
2. Acceptance of Terms
2.1 By placing an Order with the Company, you confirm your agreement to these T&Cs. This agreement signifies your understanding and acceptance that these T&Cs form a legally binding contract between you and the Company.
3. Order Confirmation & Production Timelines
- 3.1 The date of the Order commencement is the date of acceptance of our invoice or payment of advance, whichever is later.
- 3.2 All production timelines are taken from the date of Order commencement.
- 3.3 The timeline for production will be notified by point of contact during order finalization and can vary on the size and complexity of the order and our production schedule.
- 3.4 It is our endeavour to ensure customers receive their products timely, and we have multiple internal control systems to ensure that. However, the Company reserves the right to increase production time by 10-15% due to unforeseen production issues. Notice will be provided in such instances.
4. Payment
- 4.1 Payment shall be made by the Customer to the following account:
Bank Name: HDFC Bank, New Alipore Branch
Bank Account Number: 59209830063154
Bank IFSC: HDFC 000 00 40
- 4.2 Payments can be made via Bank Transfer, UPI, Cheque or Cash (provided within legal limits and given only to the directors of the Company).
- 4.3 Payment via any other method is not accepted and will be treated as outstanding liability.
- 4.4 Goods & Service Tax is always above the product prices quoted by the Company and are required to be paid by the customer as per law.
- 4.5 The payment schedule will be shared to the Customer by the Point of Contact during order finalization and all payments including dues and advances must be followed as per that.
- 4.6 Delayed payments beyond a reasonable time of 30 days may result in legal action. A further penal interest rate of 15% Per Anum will be charged on dues over 5 Months from date of dispatch.
5. Product Specifications
- 5.1 Please note that sizes may vary by 0.5 inches +/- from the size chart, as this is a result of manual craftsmanship.
- 5.2 Colours shown on the website / brochure and other media are for display purposes, the actual shade may vary Customers are requested to get physical swatches for colour matching. Colours may have slight variation in tone, as per industry norms.
- 5.3 GSM (Grams per Square Meter) and Blend Ratios may also have slight variation as per industry norms. Customers can request for reports about the same.
- 5.4 For orders involving custom fabrics, order volume can vary by 5-10% +/-. This is due to the nature of fabric wastage in Dyeing, Knitting & Cutting. While this will not change the price per piece as committed, it will alter the invoice value as the order quantity changes.
6. Quality Control and Defects
- 6.1 Goods are manufactured as per the given specifications. We adhere to the industry norms and standards for the quality of the Goods.
- 6.2 If any defects beyond industry norms are found, you may contact your sales manager or point of contact to communicate your intent for replacement within 10 days of receipt of the goods.
7. Modification or Cancellation of Orders
- 7.1 Cancellation or modification of the Order is subject to our discretion if we have not started production.
- 7.2 If we have started production, we may try to accommodate changes, if possible, but it is not guaranteed.
8. Delivery
- 8.1 The Company works with reputed logistics providers to ensure smooth, fast, and secure delivery of the Goods. However, the Company does not take any risk or liability for the Goods in transit, once they have been dispatched.
- 8.2 Upon dispatch, the Company relinquishes all responsibility and liability for the Goods. If the Goods are lost or damaged in transit, the Company will assist in coordinating with the logistics provider by providing necessary details and proofs. However, the Company will not be held accountable for any loss or damage incurred during transit. Transit insurance is advised for high-value goods.
- 8.3 The Company will consider the order fulfilled from the time when we have made the goods available for dispatch, as in ready to be picked up by the logistics partners.
9. Force Majeure
- 9.1 The Company shall not be held responsible for any failure or delay in fulfilling its obligations due to a Force Majeure Event.
- 9.2 Force Majeure when applicable can be used by customers for requesting a delay in payment of outstanding dues but can not be used for forfeiture of payment after order fulfilment.
10. Dispute Resolution
- 10.1 In the event of a dispute, the Customer and the Company agree to try and resolve the dispute informally through mediation before moving to litigation.
- 10.2 Legal jurisdiction will be Kolkata, West Bengal.
- 10.3 In the event of a dispute, the parties agree to seek resolution through a third-party mediator. The costs for such mediation will be borne equally by both parties, unless otherwise decided by the mediator.
- 10.4 All disputes arising out of or in connection with these T&Cs shall be governed by and construed in accordance with the laws of India.
11. Limitation of Liability
- 11.1 After the Goods are sold and replacement time of 10 Days has elapsed, we bear no liability, whatsoever.
- 11.2 During the replacement period, the liability of the company will be limited to the total value of the goods, including any other costs incurred with the order such as delivery and taxes (on actuals).
12. Privacy & Confidentiality
- 12.1 Please review our privacy policy available at https://www.plakads.com/privacy. The Company adheres to the regulations outlined in this policy to maintain customer privacy and data security.
- 12.2 The Company maintains all data about the customers and orders in self-hosted servers and does not share details with any 3rd Parties.
- 12.3 Above clause does not include situations where the Company must share order related instructions to sub-contractors, necessary for order fulfilment.
- 12.4 The Company values customer privacy and confidentiality of artwork and/or other trade related knowledge/work the customer shares and will strive to keep it protected. However, in case of any breach of such information, we bear no liability.
13. International Orders
- 13.1 For international orders, the buyer is responsible for additional costs like duties, taxes, and customs issues unless otherwise agreed.
- 13.2 The governing law for international orders will be in accordance with the various treaties and Indian law.
14. Intellectual Property Rights
- 14.1 As a contract manufacturer, Indie Stylery Private Limited operates in good faith and assumes that the customer has the necessary rights and permissions for all artwork, labels, and tags provided to us.
- 14.2 The customer shall be responsible for ensuring the accuracy and suitability of all submitted artwork and designs. Indie Stylery Private Limited does not take responsibility for checking artwork for any errors, including but not limited to design and spelling mistakes.
- 14.3 By placing an order, the customer guarantees that they have all the necessary rights, permissions, and consents to use the artwork, labels, and tags provided.
- 14.4 The customer shall indemnify Indie Stylery Private Limited against all damages, losses, costs, expenses (including legal fees), and other liabilities suffered by Indie Stylery Private Limited arising as a result of any claim that the use of the artwork, labels, or tags provided by the customer infringes the intellectual property rights of a third party.
- 14.5 If the Company creates any custom designs or products for the Customer, unless agreed upon separately, the Company retains all rights to these designs. The Customer, however, retains the right to use and sell the products bearing these designs.
15. Lien and Rights in Uncollected Goods
- 15.1 Indie Stylery Private Limited shall have a general lien on all goods and property in its possession, exercisable in respect of all sums lawfully due from the customer to Indie Stylery Private Limited.
- 15.2 If the customer fails to pay any due amount within a period of 90 days from the date of the invoice or as otherwise agreed upon, Indie Stylery Private Limited shall have the right to dispose of such goods or property as it thinks fit and to apply any proceeds towards the amount owed.
- 15.3 In the case of uncollected goods, Indie Stylery Private Limited reserves the right to dispose of, or make use of such goods after a period of 180 days from the date of the invoice or as otherwise agreed upon.
- 15.4 Indie Stylery Private Limited will notify the customer by suitable means regarding the exercise of any such right.
16. Termination
- 16.1 In the event of a breach of these T&Cs by the Company, we will be liable to return any received advance payment to the Customer within 7 days of cancellation. No further liabilities will be attributed to the Company in such an event.
- 16.2 In the event of a breach of these T&Cs by the Customer, the Company reserves the right to invoke lien, or take legal action for resolution, seeking damages for any incurred losses.
17. Severability
17.1 If any provision of these T&Cs is found by any court or other competent authority to be invalid, unenforceable, or inoperative, the remaining provisions shall not be affected and shall continue in effect.
18. Entire Agreement
18.1 These T&Cs (along with any documents referred to in them) represent the entire agreement between the Company and the Customer, superseding any prior agreements or understandings. However, if there exists any specific agreement between the Company and the Customer, that specific agreement will take precedence in case of any points of disagreement.
19. Waiver
19.1 Any failure by the Company to enforce any provision of these T&Cs shall not constitute a waiver of such provision or the right to enforce it at a later time.
20. Notices
- 20.1 All official communications between the Company and the Customer should be made in writing, through email, registered post, WhatsApp, or SMS. Notices shall be deemed to have been duly given:
- upon receipt, when delivered personally;
- upon confirmation of receipt, when sent by email;
- upon confirmation of receipt, when sent by WhatsApp or SMS; or
- two working days after posting, when sent by registered post.
- 20.2 The Company's contact for notices is: [email protected] and Company's WhatsApp number. The Customer's contact for notices will be the email address and phone number provided during order placement, unless otherwise specified.
21. Shipping Policy
- 21.1 We work with reputed delivery vendors for both domestic & international shipping. However, we do not provide any garuntee on the shipment once the goods leave our premisis.
- Delivery Timelines: To be confirmed at the time of shipment, usually from 2 Days - 2 Weeks
- Transit Insurance is possible at the cost of the customer
The Customer agrees to comply with all applicable laws and regulations related to the use of the Company's products. If any provision of these T&Cs is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of the T&Cs shall remain in full force and effect.
These T&Cs are subject to change and revision without prior notice. By placing an Order with the Company, you agree to abide by the T&Cs in force at the time of your Order.
For any questions about these T&Cs, please contact us at [email protected].