TERMS & CONDITIONS
WWW.THEGROOVYGARB.COM is operated by GROOVY GARB . Throughout the site, the terms “we”, “us” and “our” refer to GROOVY GARB . THE GROOVY GARB is owned and managed by GROOVY GARB . This website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Welcome to GROOVY GARB! This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of GROOVY GARB marketplace platform – GROOVY GARB (hereinafter referred to as “Platforms”).
Your use of the GROOVY GARB and its services and tools are governed by the following terms and conditions as applicable to the GROOVY GARB including the applicable policies which are incorporated herein by way of reference. By mere use of the GROOVY GARB,the owner of the GROOVY GARB Platforms. These terms and conditions including the policies constitute your binding obligations, with GROOVY GARB.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms & conditions, at any time without any prior written notice to you. You shall ensure to review these Terms of conditions periodically for updates/changes. Your continued use of the platform following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms & conditions.
- DEFINITIONS
GROOVY GARB Platforms/Platforms– are defined as any Websites/Mobile Application under GROOVY GARBs control, whether partial or otherwise (including, without limitation, GROOVY GARB, and the Website from which these terms of use were accessed from) and include the GROOVY GARB services. The term “THE GROOVY GARB”, “We”, “Us”, “Our” shall mean GROOVY GARB and its affiliates GROOVY GARB services- are defined as the applications and services offered by GROOVY GARB , including an on-line service to sale and purchase merchandise including clothing, footwear and accessories and including any application accessed through the Facebook Platform and/or any mobile or other interface that allows You to access such application (collectively, “GROOVY GARB Services”). - LICENSE TO ACCESS
GROOVY GARB hereby grants you a non-exclusive, revocable license to use the GROOVY GARB platforms as set forth in the Terms of Use; provided, however, that (i) you will not copy, distribute, or make derivative works of the Website in any medium without GROOVY GARB’s prior written consent; (ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws. - ACCOUNT AND SECURITY
Your registration on the GROOVY GARB platforms shall be deemed to be your consent to be contacted for any purpose pertaining to purchase or sell or anything for that matter, (i) on the mobile number shared by you even if you are registered with the National Customer Preference Register (NCPR) and have opted out of receiving promotional calls and messages and (ii) by way of SMS or email notifications or messages in any other electronic form - PRIVACY POLICY
Please review our Privacy Policy, which also governs your visit and use of GROOVY GARB, to understand our practices. The personal information/data provided by you during the course of usage of GROOVY GARB will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. GROOVY GARB shall be entitled to use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. If you object to your information being transferred or used, please do not use the website. - STATEMENT OF SERVICES PROVIDED BY GROOVY GARB
GROOVY GARB provides Internet-based services through their Platforms. It enables the Users to purchase original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands (collectively, “Products”) through the GROOVY GARB Platform using various modes of payments offered by THE GROOVY GARB. GROOVY GARB do not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard. - ELIGIBILITY
Use of GROOVY GARB or any other platform is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may purchase only with the involvement of a parent or guardian. - SCOPE AND TERMS OF WORK FOR SERVICE FOR SELLERS
GROOVY GARB provides Internet-based services through its platforms and operates as a market-place and merely provides an online platform to various sellers to advertise, display, make available and sell various Products (including clothing, footwear and accessories) and provides services to Users of the Website.
GROOVY GARB merely facilitates the engagement of buyers and various Sellers and provides such other services as are incidental and ancillary thereto. However, GROOVY GARB reserves the right to terminate the services offered at any time to the buyers without any notice.
GROOVY GARB does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform.
All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. The Seller is responsible for shipping up to the point of delivery or otherwise completing the transaction with the User within 2 days, unless there is an exceptional circumstance or occurrence of a force majeure event. The seller agrees and acknowledges that GROOVY GARB is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the platforms.
GROOVY GARB does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between users and Sellers. Accordingly, the sale of Products on the platforms shall strictly be a bipartite agreement between the buyers and the Sellers on the platforms.
Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and posting the items.
Sellers may issue promotional codes for promotional purposes only and these are to be used against purchases from issuing Seller’s products only. Promotional codes have no cash value and cannot be exchanged for money or credit.
GROOVY GARB is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. The seller agrees and acknowledges that that, GROOVY GARB cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform.
The seller agrees and acknowledges that GROOVY GARB shall not be responsible for payment of all fees/costs/charges associated with the purchase of products and agrees to bear any and all applicable taxes including but not limited to VAT/CST, service tax, GST, duties and cesses etc.
The seller agrees and acknowledges that GROOVY GARB shall not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable when a contract for the sale of products was formed.
- CONTINUED SERVICE TILL COMPLETION
The seller agrees and acknowledges that at no point in time the seller shall leave the work assigned to it, mid way, till all the work assigned to the seller is successfully concluded and GROOVY GARB has verified and approved of the same - INTELLECTUAL PROPERTY RIGHTS
All trademarks, copyrights, patents, and/or other proprietary rights and Laws and service marks with respect to the services are owned by GROOVY GARB. The trade names, trademarks and service marks owned by the Company, whether registered or unregistered, may not be used in connection with any product or service that doesn’t belong to the Company, in any manner that is likely to cause confusion. Nothing contained on the Platform/Website/Mobile Application should be construed as granting, by implication, estoppels or otherwise, any license or right to use Company’s trade names, trademarks or service marks without the express prior written consent of the Company. - CONFIDENTIALITY CLAUSE
The seller hereby agrees and acknowledges that it shall not share any information of GROOVY GARB or the work done for GROOVY GARB platforms or on any Social Media Platform, nor discuss the work done for and on behalf of GROOVY GARB with any other Company or Customer of the seller, without the prior written approval of GROOVY GARB.
The seller shall exercise reasonable care to protect the Confidential Information of the Company from unauthorized disclosure, which care will in no event be less than the seller takes to protect its own Confidential Information of a like nature. The seller may disclose Confidential Information only to its Employees or Agents who need to know such information for purposes of this terms & conditions, and will inform such Employees and Agents, by way of Policy and Agreement, that they are bound by obligations of Confidentiality.
The seller’s duty to hold Confidential Information in confidence shall be perpetual.
- INDEMNIFICATION
The seller agrees to indemnify and hold the Company, his officers, directors, agents and employees, harmless from any claim or demand, losses, cause of action, damage, Law suits including reasonable Attorney’s fees and costs, arising out of or relating to the seller’s services under this terms and conditions. The seller agrees to defend any and all claims, demands, and cause of action, lawsuits and/ or judgments arising out of, or relating to the seller’s services under this terms and conditions, unless expressly stated otherwise in writing. This indemnity shall survive the expiration or termination of this Agreement. - RELATIONSHIP BETWEEN THE PARTIES
The seller is an independent Contractor; and nothing in the terms & conditions will be construed to create a Partnership, Joint Venture or Agency relationship between the Parties. Each Party will be solely responsible for payment of all compensation owed to its employees, as well as employment related taxes. - PRIOR APPROVAL BEFORE ASSIGNMENT
The seller shall not assign its rights or obligations under the terms & conditions to any other person or entity, except with the prior written consent of the Company. - TITLE AND RISK
All risk of loss or damage caused to the seller or any of its employees or anything else for that matter made during the performance of the Services and thereafter shall vest with the seller. - TERMINATION
This Agreement shall stand terminated if; - a) The defaulting party is in breach, non-observance or non-performance of any of its obligations in this Agreement and does not remedy the same within 15 days of receipt of Written Notice of such failure or breach being served upon it by the other party (the non-defaulting party).
b)If at any time by either Party on written Notice with immediate effect in the event that proceedings in bankruptcy or insolvency are instituted by or against the other party or a receiver, trustee, administrator or liquidator is appointed in respect of any part of the other party´s assets or any similar relief is granted under any applicable bankruptcy or equivalent Laws.
WAIVER:
Neither party shall be deemed by mere lapse of time (without giving notice or taking other action hereunder) to have waived any breach by the other party of any of the provisions of this Agreement. Further, the waiver by either party of a particular breach of this Agreement by the other party shall not be construed as, or constitute, a continuing waiver of such breach, or of other breaches of the same or other provisions of this Agreement. If the seller breaches these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
17.FORCE MAJEURE
Any event beyond the reasonable control of the Parties, and which is unavoidable notwithstanding the reasonable care of the party affected, and shall include but not limited to war, insurrection, riot, civil unrest, sabotage, boycott, embargo, explosion, fire, earthquake, flood, unavoidable accident, epidemic, act of God, action or inaction of any governmental official or agency (civil or military) and refusal of any licences or permits, if properly applied for. If either Party is prevented from or delayed in performing any of its obligations under this Agreement by an event of Force Majeure, then it shall notify the other in writing of the occurrence of such event and the circumstances thereof within Fifteen (15) days after the occurrence of such event. The Party who has given such notice shall be excused from the performance or punctual performance of its obligations under this Agreement for so long as the relevant event of Force Majeure continues and to the extent that such Party’s performance is prevented or delayed. The occurrence of any event of Force Majeure affecting either party shall not give rise to any claim for damages or additional costs and expenses suffered or incurred by reason of Force Majeure.
- JURISDICTION
Any dispute, controversy or claims arising out of or relating to this Agreement or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the provisions of the [Indian] Arbitration and Conciliation Act, 1996. The Arbitral Tribunal shall be composed of one Arbitrator appointed by the Company. The place of Arbitration shall be at Ballia,Uttar Pradesh. The Arbitral proceedings shall be conducted in English language and the Award shall be rendered in English only. The procedural Law of the Arbitration shall be Indian Law. The Award of the Arbitral Tribunal shall be final, conclusive and binding upon the Parties, and the provisions of the Arbitration and Conciliation Act, 1996 shall apply. The rights and obligations of the Parties under, or pursuant to, this Clause, including the Arbitration Agreement in this Clause, shall be governed by and be subject to Indian Law, and the Agreement shall be subject to the exclusive Jurisdiction of the Courts at Ballia, Uttar pradesh. - ENTIRETY
The Agreement and Annexure embodied in this entire agreement between the Parties shall supersede all prior agreements and understandings, if any, relating to the subject matter of this Agreement. - ALTERATION OR AMENDMENTS TO THE TERMS & CONDITIONS
GROOVY GARB reserves the right to make changes to the policies, and these terms & conditions at any time. You will be subject to the policies and terms & conditions in force at the time, unless any change to those policies or these conditions is required to be made by Law or Government authority. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition. - CONTACT
Seller may contact GROOVY GARB in case of any queries/claims relating to the Platforms or sale and purchase services provided by GROOVY GARB by filling up the necessary form uploaded on the GROOVY GARB platform and one of our team members will revert within 48 working hours to assist you in resolving the problem. - Delivery
The groovy garb will usually accept and ship the order within 2-3 working days. The usual time of delivery from the time of dispatching the order is 5-7 days working days