Plakads Apparel

Terms & Conditions

Read the terms & conditions carefully before making any purchase or placing an order. Do contact us in case there is any difficulty in understanding or points for clarifications.

Table of Contents

1. FOUNDATIONAL TERMS & DEFINITIONS

  • 1.1 Parties to the Agreement

These Terms and Conditions (hereinafter "T&Cs") govern all transactions between Indie Stylery Private Limited (hereinafter "the Company", "we", "our", or "us") and the customer (hereinafter "the Customer", "you", or "your") for orders placed through the Company's website, email, text messaging services, WhatsApp, or any other medium as notified by the Company. All Orders are placed for business and commercial purposes. The Company operates as a B2B (Business-to-Business) contract manufacturer and does not supply Goods for personal or household consumption. Consumer-specific protections and rights applicable to retail customers may not apply to Orders placed under these T&Cs.

1.2 Acceptance of Terms

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. These T&Cs are subject to change and revision without prior notice. Customers must check the website periodically for updates. By placing an Order, you agree to abide by the T&Cs in force at the time of your Order.

1.3 Key Definitions

  • "Goods": Products manufactured by the Company or its authorized sub-contractors.
  • "Order": A purchase order placed by the Customer for Goods. An Order becomes binding only upon acceptance by the Company through written confirmation (invoice, email, WhatsApp, or other written communication).
  • "Point of Contact": The officer/employee of the Company coordinating the Order with the Customer.
  • "Date of Dispatch": The date on which products are made available for pickup by logistics partners and communicated to the Customer, signifying fulfillment of delivery obligation by the Company.
  • "Date of Receipt": The date the Customer receives the Order as provided by the logistics partner. For customer-arranged pickups: date of pickup + 2 days (if outside Kolkata) or date of pickup (if in Kolkata or nearby).
  • "Force Majeure Event": Any act, event, non-happening, omission, or accident beyond the Company's reasonable control, including but not limited to: strikes, lockouts, industrial disputes, utility or transport failures, acts of God, war, riot, civil commotion, malicious damage, compliance with governmental orders or regulations, accidents, equipment breakdown, fire, flood, storm, pandemic, epidemic, or default of suppliers or subcontractors.
  • "Order Commencement Date": The date of acceptance of the Company's invoice, confirmation of quotation, or payment of advance—whichever occurs later.

2. ORDER PROCESSING & PRODUCTION MANAGEMENT

2.1 Website Orders and Account Use

Customers may create an account on the Company's website using OTP-based login. Customers are responsible for ensuring the security of their registered mobile number and all account activity conducted through their account.

Adding products to the cart does not constitute a reservation of stock, pricing, or commitment by the Company. When a Customer clicks "Confirm Order" on the website, it is treated only as an expression of intent to purchase and not as an accepted or binding Order.

The Order becomes valid and binding only after the Company reviews the request, verifies stock availability and pricing accuracy, and issues confirmation via invoice, email, WhatsApp, or other written communication.

2.2 Company's Right to Modify or Reject Orders

The Company reserves the right to modify quantities, pricing, delivery timelines, or reject any Order before acceptance, especially in cases of:

  • Pricing errors or typographical mistakes
  • Stock unavailability
  • Technical errors on the website or in communications
  • Orders that do not meet minimum order quantities or other operational requirements

2.3 Customer Responsibility for Order Accuracy

Customers must verify all details before submitting an order. Incorrect inputs provided by the Customer—including but not limited to delivery address, quantities, size breakdowns, color selections, fabric choices, artwork files, design specifications, and special instructions—are solely the Customer's responsibility. The Company is not liable for errors resulting from incorrect information provided by the Customer.

2.4 Production Timelines

All production timelines are calculated from the Order Commencement Date. The timeline for production will be notified by the Point of Contact during order finalization and may vary based on order size, complexity, and the Company's production schedule.

The Customer is required to provide timely approvals at all stages of production, including but not limited to:

  • Fabric selection and swatches
  • Color confirmations
  • Design mockups and artwork approvals
  • Print placement and sizing
  • Physical samples
  • Production stage photographs

Any delay in Customer approvals pauses the production timeline, and such delayed time is added proportionately to the original timeline. The Company is not responsible for delays caused by late or pending Customer approvals.

2.5 Production Timeline Extensions

The Company may extend production timelines by up to 20% due to unforeseen production issues, including but not limited to equipment breakdown, supply chain disruptions, quality control requirements, or Force Majeure Events. Notice will be provided to the Customer in such instances.

2.6 Order Modifications and Cancellations

Cancellation or modification of an Order is subject to the Company's discretion and is only possible if production has not commenced. If production has commenced, the Company may attempt to accommodate changes if feasible, but this is not guaranteed and may result in additional charges or timeline extensions.

Once cutting, printing, embroidery, or any manufacturing process has begun, cancellation requests will not be accepted, and the Customer remains liable for the full Order value.

3. PRICING, PAYMENT & FINANCIAL TERMS

  • 3.1 Payment Details

Payment shall be made by the Customer to the following account:

Bank Name: HDFC Bank, New Alipore Branch
Account Number: 59209830063154
IFSC Code: HDFC0000040
Account Name: Indie Stylery Private Limited

3.2 Accepted Payment Methods

Payments can be made via:

  • Bank Transfer (NEFT/RTGS/IMPS)
  • UPI
  • Cheque (subject to clearance)
  • Cash (within legal limits and only to the directors of the Company)

Payments made through any other method will not be accepted and will be treated as outstanding liabilities.

3.3 Goods & Services Tax (GST)

GST is always charged above the product prices quoted by the Company and must be paid by the Customer as per applicable law. All invoices will clearly indicate GST amounts. The Customer is responsible for providing accurate GSTIN details for B2B transactions.

3.4 Payment Schedule

The payment schedule, including advance payments, milestone payments, and balance payments, will be shared with the Customer by the Point of Contact during order finalization. All payments must be made strictly as per the agreed schedule.

Typical payment structures may include:

  • Advance payment: 30-50% at Order confirmation
  • Balance payment: Before or upon dispatch, as agreed

3.5 Delayed Payment and Penalties

Delayed payments beyond 30 days from the due date may result in:

  • Suspension of ongoing production or future orders
  • Penal interest at 15% per annum on overdue amounts
  • Legal action for recovery of dues
  • Exercise of lien rights as per Section 9.5

3.6 Separate Account Management

Payments and dues to subsidiaries and group companies of the Company cannot be set off against one another and must be maintained separately per account. Each legal entity operates independently for financial purposes.

4. PRODUCT SPECIFICATIONS & MANUFACTURING TOLERANCES

  • 4.1 Size Variations

Sizes may vary by up to 0.5 inches (+/-) from the specified size chart due to manual craftsmanship, fabric stretch characteristics, and industry-standard manufacturing tolerances. This variance applies to all measurements including length, width, chest, shoulder, sleeve, and other dimensions.

4.2 Color Variations

Colors shown on the website, digital media, brochures, and other display materials are indicative only. Actual shades may vary due to:

  • Screen calibration differences
  • Lighting conditions
  • Photography equipment and settings
  • Dye-lot variations
  • Fabric base material characteristics

Customers are strongly encouraged to obtain physical fabric swatches for accurate color matching before placing orders. Minor shade variations within industry norms are not considered defects.

Physical swatches can be requested from the Point of Contact and will be provided subject to availability.

4.3 GSM and Blend Ratio Tolerances

Fabric GSM (Grams per Square Meter) and blend ratios may have a variance of up to 15% (+/-) as per industry standards. This variance accounts for manufacturing processes, moisture content, and measurement methodology.

Customers requiring certification or lab reports (such as for claims of "100% combed and compact cotton" or specific blend ratios) may request these. The Company reserves the right to decide on providing specific reports/certificates and may charge additionally for third-party testing if required.

4.4 Fabric Shrinkage

Cotton fabric shrinkage of 3-5% after the first wash is normal and expected unless the fabric is specifically ordered and confirmed as pre-shrunk. Shrinkage within these industry-standard limits is not considered a manufacturing defect.

For pre-shrunk fabrics, the Company will clearly indicate this specification in the Order confirmation. Additional charges may apply for pre-shrinking processes.

4.5 Visual Defect Standard

A defect is considered valid only if it is visible to a reasonable person from an arm's-length distance (approximately 24-30 inches) under normal indoor lighting conditions.

Minor imperfections that are not visible at this distance—including minor thread inconsistencies, slight fabric irregularities, small print misalignments, or other minor manufacturing marks—are not considered defects and are within acceptable industry standards for garment manufacturing.

4.6 Custom Fabric Order Quantity Variations

For orders involving custom fabric development (custom dyeing, custom knitting, specific fabric sourcing), the final order quantity may vary by 5-10% (+/-) from the originally agreed quantity.

This variance is due to fabric wastage during:

  • Knitting and weaving processes
  • Dyeing and finishing
  • Quality control rejection
  • Cutting and pattern efficiency

The price per piece remains unchanged as originally quoted. However, the final invoice value will reflect the actual quantity produced and delivered. Customers will be informed of final quantities before dispatch.

4.7 Print and Embroidery Placement Tolerances

Variations in print size, placement, and alignment of up to 0.5 inches (+/-) are within acceptable industry norms. This applies to screen printing, digital printing, heat transfers, embroidery, and other decoration methods.

Factors affecting placement include:

  • Fabric stretch during printing/embroidery
  • Manual positioning in multi-step processes
  • Garment construction variations
  • Equipment calibration standards

4.8 Artwork Quality Dependency

The final output quality of prints, embroidery, and other decorations is directly dependent on the quality of artwork files provided by the Customer.

If the Customer provides low-resolution, blurred, compressed, pixelated, or otherwise unsuitable artwork files, the resulting printed or embroidered output quality is not considered defective. The Company will make reasonable efforts to inform Customers of artwork quality issues before production but is not obligated to reject or delay orders due to poor artwork quality if the Customer approves production.

Recommended artwork specifications:

  • Vector files (AI, EPS, PDF) for screen printing and embroidery
  • Minimum 300 DPI for raster images (PNG, JPEG, TIFF)
  • CMYK color mode for printing
  • Pantone references for specific color matching

5. QUALITY ASSURANCE & DISPUTE RESOLUTION

  • 5.1 Manufacturing Standards

All Goods are manufactured according to the specifications agreed upon in the Order confirmation and in adherence to industry norms and standards for quality in garment manufacturing.

5.2 Sample Orders - No Returns or Disputes

Samples are not eligible for return, replacement, refund, or dispute under any circumstances, including for manufacturing defects, sizing issues, color variations, or any other quality concerns.

Samples are indicative pieces produced to showcase fabric, color, print quality, or construction. They are not production-grade items and may have minor imperfections. By ordering samples, the Customer acknowledges and accepts this limitation.

5.3 Bulk Order Dispute Timeline

For all bulk orders, disputes or quality concerns must be raised within 7 days from the Date of Receipt of the Goods. Claims raised after this 7-day period will not be accepted under any circumstances.

The 7-day dispute window begins from the Date of Receipt as defined in Section 1.3.

5.4 Evidence Requirements for Disputes

All disputes must be accompanied by clear photographic evidence and, if requested by the Company, video evidence demonstrating:

  • The nature and extent of the defect or issue
  • Multiple angles showing the problem
  • Close-up views of specific defects
  • Overall view showing the product in context
  • Packaging condition if relevant to the claim

Poor-quality or insufficient evidence may result in rejection of the dispute claim. The Company reserves the right to request additional evidence or physical return of disputed items for inspection.

5.5 Scope of Acceptable Disputes

Only disputes that fall within the specifications and tolerances defined in Section 4 (Product Specifications & Manufacturing Tolerances) will be considered valid. Disputes outside these defined parameters will not be accepted.

Valid dispute grounds include:

  • Manufacturing defects beyond industry-standard tolerances
  • Incorrect products delivered (wrong design, wrong color outside tolerance)
  • Significant variations from approved physical samples (beyond defined tolerances)
  • Missing quantities beyond acceptable variance
  • Damages clearly caused during manufacturing (not transit)

Invalid dispute grounds include:

  • Normal manufacturing tolerances as defined in Section 4
  • Color variations within defined parameters
  • Size variations within defined parameters
  • Minor visual imperfections not visible at arm's length
  • Issues with pre-approved samples, mockups, or production photos
  • Artwork quality issues resulting from Customer-provided files
  • Fabric shrinkage within normal ranges
  • Subjective preferences or "changed mind" scenarios

5.6 Approval-Based Production

The Company shares photos and videos of products at various production stages via the sales team or Point of Contact. Production proceeds only after express approval from the Customer at each stage.

Once approval is received and production advances, approved elements cannot subsequently be claimed as grounds for dispute. This includes:

  • Approved fabric swatches
  • Approved color samples
  • Approved print mockups and placements
  • Approved physical samples
  • Approved production stage photographs

The Customer is responsible for thoroughly reviewing and approving all submissions before production continues.

5.7 Physical Sample Approval for Custom Work

Customers ordering screen printing, embroidery, complex custom sizing, or other specialized decoration can request a physical sample piece before bulk production commences. Additional charges may apply for sample production.

Once a physical sample is approved, only major variations from the approved sample (beyond the tolerances defined in Section 4) will be accepted as valid disputes.

5.8 Returns and Replacements

No returns will be accepted except for orders subject to accepted and validated disputes as per this section.

For accepted disputes, the Company will:

  • Provide replacement products at no additional cost, OR
  • Offer partial refund or credit note based on the extent of the issue, OR
  • Offer alternate resolution as agreed upon with the Customer

5.9 Return Shipping for Disputes

For accepted disputes requiring product return, the Company will bear the delivery charges for returning defective goods to the Company's facility.

However, goods must be packed securely by the Customer using appropriate packaging materials. Damage occurring due to poor or inadequate packing by the Customer during return shipment will not be accepted as a valid dispute or claim.

5.10 Missing Quantities or Wrong Deliveries

Discrepancies in quantities delivered or delivery of incorrect products must be reported within 48 hours of receipt. Claims for missing quantities or wrong deliveries made beyond this 48-hour window will not be considered.

Photographic evidence of packaging, shipping labels, and products received must be provided for all such claims.

5.11 Replacement Production Timelines

Replacement products resulting from accepted disputes will be produced according to the Company's current production schedule and capacity. Replacement timelines may differ from original order timelines and are not guaranteed to match the original delivery schedule.

The Company will make reasonable efforts to expedite replacement production but cannot be held to the original timeline commitments for replacement orders.

5.12 Informal Dispute Resolution

In the event of a dispute that cannot be resolved through normal customer service channels, the Customer and the Company agree to attempt resolution through informal mediation before moving to formal litigation.

The parties agree to seek resolution through a mutually agreed third-party mediator. The costs for such mediation will be borne equally by both parties unless otherwise decided by the mediator.

5.13 Legal Jurisdiction

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. Exclusive legal jurisdiction for any disputes will be the courts of Kolkata, West Bengal.

6. DOMESTIC DELIVERY & LOGISTICS

  • 6.1 Logistics Partners and Service Standards

The Company works with reputed logistics providers to ensure smooth, fast, and secure delivery of Goods within India. The Company selects logistics partners based on service quality, coverage, and reliability standards.

6.2 Transfer of Risk Upon Dispatch

Once Goods are dispatched from the Company's facility and handed over to the logistics provider, the Company relinquishes all responsibility and liability for the Goods in transit.

The risk of loss, damage, theft, or delay during transit passes to the Customer upon dispatch. The Company does not take any risk or liability for Goods once they have been dispatched.

6.3 Order Fulfillment Defined

The Company considers an Order fulfilled from the time Goods are made available for dispatch—specifically, when products are ready and available for pickup by the logistics partners and dispatch notification has been communicated to the Customer.

6.4 Transit Insurance

Transit insurance is advised for high-value orders but is optional and available at the Customer's cost. The Company can facilitate transit insurance arrangements but does not mandate or include it by default in pricing.

For uninsured shipments, any loss or damage during transit is the Customer's risk and liability.

6.5 Company Assistance with Transit Issues

If Goods are lost, damaged, or delayed in transit, the Company will assist in coordinating with the logistics provider by providing necessary details, documentation, and proofs (such as dispatch photos, packing lists, and tracking information).

However, the Company will not be held financially accountable or liable for any loss, damage, or delay incurred during transit. Claims must be pursued by the Customer directly with the logistics provider or their insurance provider if applicable.

6.6 Delivery Delays

Any delay in delivery beyond the expected transit time communicated by the logistics provider is not the Company's liability. The Company is responsible for timely dispatch as per the agreed production timeline, but not for logistics provider delays.

6.7 Failed Deliveries and Customer Responsibility

If delivery fails or is delayed due to Customer-related issues, all consequences and costs are the Customer's responsibility. Customer-related delivery failures include:

  • Incorrect, incomplete, or outdated delivery address provided
  • Recipient unavailability at delivery location
  • Refusal to accept delivery
  • Non-response to logistics provider contact attempts
  • Incorrect contact information (phone number, email)
  • Restricted access to delivery location
  • Any other customer negligence affecting delivery

6.8 Costs and Liability for Failed Deliveries

In cases of failed delivery due to Customer-related issues, the Customer is responsible for:

  • All return shipping charges from attempted delivery location back to the Company or alternate location
  • All redelivery charges to correct address or alternate location
  • Storage charges if applicable
  • Losses, damages, or missing parcels occurring due to failed delivery attempts
  • Additional logistics coordination fees

6.9 Liability for Lost or Damaged Goods Due to Customer Error

If Goods are lost, damaged, stolen, or go missing due to incorrect address, failed delivery attempts, or other Customer-related issues, the Company bears no liability for the value of the Goods.

The Customer remains liable for the full invoice value of the Order regardless of delivery failure due to Customer error.

6.10 Customer Pickup Arrangements

If the Customer arranges their own logistics or pickup from the Company's facility:

  • Date of Receipt is calculated as date of pickup + 2 days (if outside Kolkata) or date of pickup (if in Kolkata/nearby)
  • The Company is not responsible for providing loading assistance beyond reasonable facilitation
  • All transit risk passes to the Customer upon handover at the Company's facility
  • The Customer's logistics provider must provide valid documentation and identity proof for pickup authorization

7. INTERNATIONAL ORDERS & EXPORT TERMS

  • 7.1 Applicability and General Framework

This section governs international orders for export from India. For complex or large-volume international orders, a separate detailed export agreement may be executed. In such cases, the separate agreement will take precedence over these general terms for points of conflict.

7.2 FOB (Free on Board) Basis

International orders generally operate on FOB (Free on Board) basis from the Company's warehouse or nominated port/location in India.

Under FOB terms:

  • The Company's responsibility ends when Goods are handed over to the Customer's nominated freight forwarder, shipping agent, or transporter at the agreed location
  • All risk transfers to the Customer upon handover at the FOB point
  • The Customer bears all costs and risks from the FOB point onward, including international freight, insurance, handling, and all destination charges

The specific FOB point (Company warehouse, CFS, port, ICD, etc.) will be clearly defined in the Order confirmation.

7.3 Export Documentation

The Company will provide standard export documentation required for customs clearance and international shipping, including:

  • Commercial invoice
  • Packing list
  • Certificate of origin (if required and applicable)
  • GST invoice and other India tax documents
  • Any other documentation reasonably requested and feasible

Specialized certifications (such as specific quality certificates, third-party lab reports, sustainability certifications, or destination-country-specific certifications) may be provided at additional cost and timeline, subject to feasibility.

7.4 Customs Duties and Import Regulations

All customs duties, import taxes, VAT, clearance fees, local handling charges, and destination-country charges are the sole responsibility of the Customer.

The Customer is responsible for:

  • Understanding and complying with import regulations of the destination country
  • Obtaining necessary import licenses or permits
  • Ensuring products meet destination country standards and labeling requirements
  • Handling all customs clearance formalities at destination
  • Paying all duties, taxes, and fees at destination

The Company does not provide advice on destination country import regulations, duty rates, or compliance requirements. The Customer should consult with customs brokers or trade consultants in their country.

7.5 EFTA and Trade Agreement Considerations

For exports to EFTA countries (Switzerland, Norway, Iceland, Liechtenstein) or other countries with which India has preferential trade agreements:

  • The Company can provide Certificate of Origin (CoO) to enable preferential duty rates under applicable trade agreements
  • The Customer is responsible for understanding and fulfilling requirements to claim preferential duty treatment
  • Additional documentation timelines may apply for trade agreement certificates
  • The Company will cooperate with reasonable documentation requests to facilitate preferential trade but does not guarantee eligibility

Customers exploring trade agreement benefits should consult with trade advisors and inform the Company of specific documentation needs well in advance of shipment.

7.6 HS Code Classification

The Company will provide HS (Harmonized System) code classification for products based on standard garment classification practices for Indian export documentation.

However, the Customer is responsible for verifying that HS codes are acceptable and appropriate for import into the destination country, as classification practices may vary. The Company does not bear liability for destination country customs issues related to HS code classification.

7.7 Product Compliance and Standards

Customers are responsible for ensuring that products meet the regulatory standards, safety requirements, labeling laws, and other compliance obligations of the destination country.

The Company manufactures to Indian standards and general international garment manufacturing practices unless specific destination country requirements are explicitly communicated, documented, and agreed upon in the Order confirmation with appropriate additional costs and timelines.

7.8 International Shipping Timelines

International shipping timelines are estimates based on typical freight forwarder schedules and are subject to:

  • Customs clearance at origin and destination
  • International freight schedules (air/sea)
  • Weather and global shipping conditions
  • Port congestion and handling times
  • Destination country customs processing times

The Company is responsible only for timely handover of Goods at the FOB point. International transit delays are not the Company's liability.

7.9 International Payment Terms

International orders typically require advance payment of 50-100% before production commencement due to increased transaction risk. Specific payment terms will be agreed upon during Order finalization.

Acceptable international payment methods include:

  • Wire transfer (SWIFT)
  • Letter of Credit (for large orders, subject to Company approval)
  • Other methods as agreed in writing

All international banking charges, currency conversion costs, and transfer fees are the Customer's responsibility unless explicitly agreed otherwise.

7.10 Currency and Exchange Rate

International orders are quoted in USD, EUR, or INR as agreed. If quoted in foreign currency, the Company reserves the right to adjust pricing if exchange rates fluctuate by more than 5% between quotation and Order confirmation.

For orders with extended production timelines, exchange rate protection clauses may be negotiated separately.

7.11 International Returns and Disputes

Returns for international orders are significantly more complex and costly. Accepted disputes for international orders will be resolved through:

  • Credit notes for future orders, OR
  • Partial refunds as appropriate, OR
  • Replacement shipment (Customer bears return freight and re-export costs)

International return shipping is prohibitively expensive. The Company strongly encourages international customers to request physical samples and detailed approvals before bulk production to minimize dispute risk.

7.12 Regulatory and Sanctions Compliance

The Company will not engage in transactions that violate Indian export regulations, international sanctions, or embargoes. The Customer warrants that:

  • They are not subject to any international trade sanctions or embargoes
  • The end use and end user of Goods comply with all applicable export control regulations
  • Goods will not be used for prohibited purposes

The Company reserves the right to refuse or cancel international orders if sanctions compliance concerns arise.

8. INTELLECTUAL PROPERTY & DESIGN MANAGEMENT

  • 8.1 Customer's IP Warranty and Indemnification

As a contract manufacturer, the Company operates in good faith and assumes that the Customer has all necessary rights, permissions, licenses, and consents for all artwork, designs, labels, tags, logos, trademarks, and other intellectual property elements provided for production.

By placing an Order, the Customer explicitly warrants and guarantees that:

  • They own or have legal right to use all IP elements provided
  • Use of provided IP does not infringe any third-party intellectual property rights
  • All necessary permissions have been obtained from rights holders
  • They have authority to authorize the Company to reproduce the IP on Goods

8.2 Customer Indemnity for IP Claims

The Customer shall fully indemnify, defend, and hold harmless the Company against all damages, losses, costs, expenses (including legal fees), penalties, and other liabilities suffered by the Company arising from any claim that:

  • The use of Customer-provided artwork, labels, tags, or designs infringes third-party IP rights
  • The Company's production of Goods as per Customer instructions violates any IP rights
  • Any other IP-related claim arising from execution of the Customer's Order

This indemnity survives termination of the Order and these T&Cs.

8.3 Customer Responsibility for Artwork Accuracy

The Customer is solely responsible for ensuring the accuracy and suitability of all submitted artwork and designs, including:

  • Spelling and grammar in text elements
  • Color specifications and Pantone references
  • Design measurements and placement specifications
  • Technical specifications for embroidery or printing
  • Compliance with trademark usage guidelines (if applicable)
  • Image resolution and file format suitability

The Company does not provide proofreading, design review, or error-checking services for Customer-provided content. Any errors in Customer-provided materials that are reproduced in production are not the Company's responsibility.

8.4 Company-Created Design Elements

If the Company creates custom designs, patterns, technical drawings, tech packs, embroidery files, or other design elements for the Customer based on reference images or general direction (without complete Customer-provided tech specifications):

  • The Company retains ownership of all intellectual property rights in the created design elements
  • The Customer receives a non-exclusive license to use these designs for manufacturing and selling the specific products ordered
  • The Customer does not receive rights to modify, reproduce for other manufacturers, or claim ownership of the design elements
  • The Company may use similar design elements for other customers unless exclusivity is separately purchased and agreed in writing

8.5 Reference Images and Incomplete Specifications

If the Customer provides reference images, inspiration photos, or samples sourced from Pinterest, Instagram, other websites, or physical samples without providing complete technical specifications, measurements, or vector artwork:

  • Any pattern, tech pack, design file, or technical drawing created by the Company based on interpreting the reference remains the Company's intellectual property
  • The Customer receives usage rights for manufacturing and selling products but not exclusive ownership
  • The Company reserves the right to use similar interpretations for other customer projects

If the Customer requires exclusive ownership of Company-created designs, this must be negotiated separately with appropriate additional fees and explicit written agreement.

8.6 Design and File Storage Policy

Raw design files, artwork files, screen printing screens, DTF films, embroidery punch files, tech packs, and other production files created or used during Order processing are stored by the Company for 60 days from the date of dispatch.

After 60 days, the Company may permanently delete digital files and destroy physical production aids (screens, films, etc.) without notice or liability.

8.7 Customer Responsibility for Backups

The Customer is solely responsible for maintaining their own backup copies of all artwork, designs, and production files. The Company is not obligated to retrieve, restore, or recreate deleted files after the storage period expires.

8.8 Long-Term File Storage Requests

If the Customer requires long-term storage of production files for repeat orders, they must explicitly request this in writing before the 60-day period expires.

Long-term storage (up to 1 year) may be provided subject to:

  • Storage service charges
  • Explicit written agreement and documentation of stored assets
  • Customer responsibility to remind the Company before the extended storage period expires

Physical production aids (screens, embroidery setups) may be stored for extended periods at additional charges based on storage space requirements.

8.9 Repeat Order File Availability

For repeat orders placed after file deletion, the Customer must provide fresh artwork files. The Company may offer file recreation services at additional cost but is not obligated to do so.

8.10 Privacy and Confidentiality of Customer Designs

The Company values privacy and handles Customer designs with reasonable care. Customer designs, artwork, and information explicitly marked as "confidential" or "proprietary" by the Customer will not be:

  • Shared with other customers or third parties
  • Duplicated for other customers' orders
  • Made available publicly without permission

Except when legally required by court order or government authority.

8.11 Use of Customer Designs for Company Promotion

Even when Customer designs are not explicitly marked confidential, the Company will not sell, share, or replicate designs for other customers.

However, the Company reserves the right to display samples of produced goods:

  • At the Company's physical showroom or office
  • At trade fairs and exhibitions
  • On digital media (website, social media) for promotional purposes
  • In portfolio materials for business development

8.12 Removal of Customer Designs from Promotion

Upon the Customer's written request, the Company shall remove Customer designs from promotional materials (website, social media, portfolio) within 15 business days. This does not apply to designs already widely distributed in print materials or third-party publications.

8.13 Goodwill Gestures and Precedents

Any goodwill gestures, accommodations, past exceptions, or deviations from these T&Cs regarding IP usage, file storage, or design rights made in specific prior Orders do not create a binding precedent or obligation for future Orders.

Each Order is evaluated independently, and past accommodations do not constitute automatic rights or entitlements.

10. COMPLIANCE, CONDUCT & GENERAL PROVISIONS

  • 10.1 Customer Conduct Standards

The Company reserves the right to refuse service or terminate business relationships with Customers who engage in:

  • Abusive, threatening, harassing, or aggressive behavior toward Company staff
  • Discriminatory or offensive conduct
  • Unreasonable or vexatious demands that disrupt operations
  • Fraudulent, dishonest, or unethical business practices
  • Misuse of Company's goodwill or reputation

The Company is committed to providing a safe and respectful working environment for its employees. Customers are expected to conduct business interactions professionally and respectfully.

10.2 Regulatory and Compliance Changes

If changes in applicable laws, regulations, taxation policies, labeling norms, environmental compliance requirements, labor laws, or other regulatory frameworks result in:

  • Increased production costs
  • New compliance obligations
  • Required modifications to production processes
  • Additional certifications or testing requirements
  • Changes to packaging, labeling, or documentation

The Customer shall bear the associated additional costs and agree to reasonable timeline extensions.

The Company will provide advance notice of such regulatory impacts where feasible and will work cooperatively with Customers to manage compliance transitions.

10.3 Product Compliance with Applicable Laws

The Customer agrees to comply with all applicable laws and regulations related to:

  • Use, resale, and distribution of the Company's products
  • Labeling requirements in the jurisdiction of sale
  • Safety standards and consumer protection laws
  • Environmental and sustainability regulations
  • Employment and labor laws (for end-brand owners)

If any provision of these T&Cs is held by a court of competent jurisdiction to be contrary to law, such provision shall be interpreted to best accomplish its original objectives to the fullest extent permitted by law, and all other provisions shall remain in full force and effect.

10.4 Data Protection and Privacy

10.4.1 Website Privacy For privacy practices related to website usage, digital media presence, and online interactions, please refer to the Company's separate Privacy Policy available on the website. The Privacy Policy is independent of and supplementary to these T&Cs.

10.4.2 Business Data Protection The Company values the privacy and confidentiality of Customer information. Customer designs, artwork, business information, and all data explicitly marked as confidential by the Customer are protected with reasonable care and security measures.

10.4.3 Limitations on Data Protection The Company will not share, duplicate, or make available any Customer information marked as private and confidential, except when:

  • Legally required by court order or government authority
  • Necessary to fulfill the Order (e.g., sharing with approved subcontractors)
  • Required for dispute resolution or legal proceedings

10.4.4 Data Storage and Security The Company maintains data on secure servers with appropriate access controls. However, the Company will not be liable for:

  • Data breaches, hacking, or unauthorized access resulting from cyber attacks
  • Data loss due to technical failures or Force Majeure events
  • Any form of data theft despite reasonable security measures

In such unfortunate events, the Company does not bear liability for consequential damages, business losses, or other impacts resulting from data security incidents.

10.4.5 Customer Data Responsibilities Customers are responsible for maintaining their own backups of critical business data, designs, and order information. The Company's data storage is for operational purposes and should not be relied upon as the primary backup system.

10.5 Official Communications and Notices

10.5.1 Valid Communication Methods All official communications between the Company and the Customer must be made in writing through:

  • Email
  • WhatsApp
  • SMS/Text messaging
  • Registered post or courier

Verbal communications and phone conversations do not constitute official notices unless subsequently confirmed in writing.

10.5.2 Notice Delivery and Effectiveness Notices shall be deemed to have been duly given and received:

  • Upon confirmation of receipt when delivered personally or by courier
  • Upon confirmation of receipt when sent by email (read receipt or reply)
  • Upon confirmation of receipt when sent by WhatsApp (blue check marks) or SMS
  • Two working days after posting when sent by registered post

10.5.3 Company Contact Information The Company's official contact details for notices are:

  • Email: [email protected]
  • WhatsApp: [Company's WhatsApp business number as provided to Customer]
  • Registered Office Address: 76B New Alipore, Block – E, Kolkata - 700053, West Bengal

10.5.4 Customer Contact Information The Customer's contact details for notices will be:

  • The email address provided during Order placement or account registration
  • The phone number provided during Order placement or account registration
  • Any alternate contact information explicitly updated by the Customer in writing

Customers are responsible for promptly updating the Company of any changes to contact information. The Company is not liable for notices sent to outdated contact information.

10.6 Shipping and Transit Insurance

Shipping for domestic and international orders is handled as per Sections 6 and 7 respectively. Transit insurance is available at the Customer's cost for both domestic and international shipments. The Company can facilitate insurance arrangements but does not mandate or include insurance by default in quoted pricing.

10.7 Amendments to Terms and Conditions

10.7.1 Company's Right to Modify These T&Cs are subject to change, revision, and amendment by the Company at any time without prior individual notice to Customers.

10.7.2 Notification of Changes Updated T&Cs will be published on the Company's website (www.plakads.com/a-terms) and shall become effective immediately upon publication.

Customers placing new Orders after T&C updates are deemed to have accepted the updated terms. For ongoing Orders placed before T&C updates, the T&Cs in effect at the time of Order confirmation shall apply.

10.7.3 Customer Responsibility to Review Customers must check the website periodically for updates to these T&Cs. Continued business relationship with the Company after T&C updates constitutes acceptance of modified terms.

10.8 Questions and Customer Support

For any questions, clarifications, or concerns regarding these Terms and Conditions, please contact the Company at:

Email: [email protected]

The Company's customer support team will respond to inquiries within 1-2 business days during normal business hours (Monday-Saturday, 10:00 AM - 6:00 PM IST, excluding public holidays).