TERMS AND CONDITIONS

1. Terms of Use

1.1. Thank you for visiting the RICA Collection. By accessing or using https://www.ricacollection.com/ website or any other media ("Website"), whether automated or otherwise, you, a registered or guest user in terms of the eligibility criteria set out herein you (“User”) agree to be bound by these Terms and Conditions (“Terms”)
1.2. By impliedly or expressly accepting these Terms, you also accept and agree to be bound by Rica Collection Policies (including but not limited to Privacy Policy) available at https://www.ricacollection.com/privacy-policy/ as amended from time to time. If you do not want to be bound by the Terms, you must not subscribe to or use our services. We encourage our users to read these Terms carefully while using the Website.
1.3. In these Terms, references to "you", "User" shall mean the end user/customer accessing the Website, its contents and using the Services offered through the Website. "Service Providers" mean independent third party service providers or Sellers, and references to the “Website”, "RICA", “ricacollection.com”, "we", "us" and "our" shall mean the Website and/or Rica Collection Private Limited, its affiliates and partners (as applicable).
1.4. The contents set out herein form an electronic record in terms of Indian Information Technology Act, 2000 and rules there under as applicable and as amended from time to time. As such, this document does not require any physical or digital signatures and forms a valid and binding agreement between the Website and the User. These Terms are made available to the User pursuant to and in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules, regulations, privacy policy and Terms for access or usage of the Website
1.5. The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any linked sites in any manner whatsoever.
1.6. The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.
1.7. The Website RICA Collection is operated by Rica Collection Private Limited., a company incorporated under the laws of India having its registered office at 44/1, 16^th Cross, K.R.Road, Jayanagar 7^th Block, Bangalore 560082. All references to Website in these Terms shall deem to refer to the aforesaid entity in inclusion of the online portal.
1.8. Further, the terms and conditions for any Product, sale, discount, discount vouchers, gift vouchers, pre-paid instruments or contest event organized on the Website from time to time, shall be subject to terms and conditions to be notified.
1.9. This Website may also contains links to other websites, which are not operated by the Website, and the Website has no control over the linked sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the linked sites will be subject to the terms of use and service contained within each such site.
1.10. We reserve the right to change these Terms at any time. Such changes will be effective when posted on the Website and may, at the sole discretion of the Website be notified to the Users from time to time. Notwithstanding the foregoing, by continuing to use the Website after we post any such changes, you accept the Terms as modified.
1.11. These Terms will continue to apply until terminated by either You or Ricacollection.com in accordance with the terms set out below:
1.11.1. The agreement with RICA can be terminated by (i) not accessing the Website; or (ii) closing Your Account, if such option has been made available to You.
1.11.2. The above clause shall also apply to any additional Terms applicable to the use of the Website and RICA reserves the right to terminate access to the Website (including any services offered as part thereof);
1.12 Notwithstanding the foregoing, these provisions set out in these Terms which by their very nature survive are meant to survive termination, shall survive the termination / expiry of this agreement.

2. Eligibility to use

2.1. Use of the Website is available only to such persons who can legally contract under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. shall not be eligible to use the Website.
2.2. Any minor desirous to use or transact on Website, is required to conduct such transaction through their legal guardian or parents.
2.3. The Website reserves the right to terminate any membership and / or refuse to provide access to the Website if it is brought to the Website’s notice or if it is discovered that the person accessing/using the Website is under the age of 18 years.
2.4. By accepting the Terms or using or transacting on the Website, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between the Website and such User to the extent permissible under applicable laws.

3. Account, Password, and Security

3.1. Any person may access the Website and the Products either by registering to the Website or using the Website as a guest. However, a guest user may not have access to all sections of the Website including certain benefits/promotional offers, which shall be reserved only for the purpose of registered Users, and which may change from time to time at the sole discretion of the Website.
3.2. If you wish to register yourself with the Website, you shall be required to create an account by filling in the details prescribed in the Website registration form. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify the Website of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Ricacollection.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or for any losses occurring thereto. You, as the User, waive any claims against the Website for any loss and damage suffered by you on account of your failure to comply with the Terms and reasonably expected good practices in this regard.
3.3. If any User learns or is made or becomes aware of any instance of hacking or misuse of its User account, it shall without delay notify the Website of the same. Additionally, registered Users may be held liable for losses incurred by the Website for any loss or damage caused as a result of failure in maintaining security by the relevant User.
3.4. If any User provides any information that is untrue, false, not updated, and incomplete or the Website has reasonable grounds to believe that such information is untrue, false, not updated, incomplete, the Website shall have the right to suspend or terminate the relevant User account and refuse any and all current or future use of the Website (or any portion thereof).
3.5. The Website may be inaccessible for such purposes as it may, at its sole discretions deem necessary, including but not limited to regular maintenance. However, under no circumstances will RICA be held liable for any losses or claims arising out of such inaccessibility to the Users and the Users expressly waive any claims against RICA in this regard.
3.6. Users of the Website may be required to provide certain person information and expressly permit the Website from accessing and/or collecting and retaining such personal information of the Users. Such provision and/or collection, storage, retention, use and disclosure of the personal information of the Users shall be subject to the Website’s privacy policy available at https://www.ricacollection.com/privacy_policy/

4. Listing and Selling

4.1. From time to time, RICA may issue promotional codes for promotional purposes only and these are to be used against purchases of products from the website only. Promotional codes have no cash value and cannot be exchanged for money or credit.
4.2. All sales on the Website are binding in nature on both the User and RICA. RICA is responsible for shipping up to the point of delivery or otherwise completing the transaction with the User within 14 days, unless there is an exceptional circumstance or occurrence of a force majeure event.

5. Products

5.1. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
5.2. Although we have made every effort to be as accurate as possible, because our Products are handmade, any measurements indicated on our site have a 5% tolerance.
5.3. Prices for Products are subject to change without prior notice, and at any time whatsoever, irrespective of whether an item has been earmarked/wish listed by a User. However changes will not affect any order you have already placed. The Website disclaims any and all claims and/or liabilities arising from such revision in prices.
5.4. Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.

6. Payments

6.1. You can only pay for Products using a debit card or credit card. We accept all of the major credit and debit cards, or you can make your payment using Paypal. For further information refer to our Payments on https://www.ricacollection.com/payments/
6.2. Payment for the Products and all applicable delivery charges is in advance. We will charge your debit card or credit card when you place your order.

7. Shipping and Delivery

7.1 All Products purchased from the Website shall be delivered to the User by standard courier services by ricacollection.com through our logistics partner. We deliver worldwide (International Delivery Destinations). All deliveries where applicable shall be made on a best efforts basis, and while the Website will endeavor to deliver the Products on the dates intimated, the Website disclaims any claims or liabilities arising from any delay in this regard.
7.2. Ricacollection.com shall not be liable for any damage to the Product in transit due to mishandling by the logistics partner.
7.3. The logistics partner supported by Ricacollection.com will make a maximum of three attempts to deliver your order. In case the User is not reachable or does not accept delivery of products in these attempts Ricacollection.com reserves the right to cancel the order(s) at its discretion.
7.4. An estimated delivery time shall be displayed on the order summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location.
7.5. Sometimes, delivery may take longer due to inter alia:

1. bad weather
2. flight delays
3. political disruptions
4. other unforeseen circumstances

7.6. In the event any delay in delivery of a Product is expected, the Website may, at its sole discretion, intimate the User who may have purchased the same, regarding such delay.
7.7. Where there is a likelihood of delay in delivery of the Products, the User may be notified of the same from time to time. However, no refunds may be claimed by the User for any delay in delivery of the Products, which was caused due to reasons beyond the control of the Website.
7.8. Delivery of an order shall be completed when we deliver the Products to the address you gave us, and the Products will be your responsibility from that time.
7.9. You own the Products once we have received payment in full, including all applicable delivery charges.
7.10. There are restrictions on some Products for certain International Delivery Destinations (such as import restrictions or bans) which are outside our control, so please check whether any such restrictions apply before ordering Products from us, as we cannot accept responsibility for this.
7.11. If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
7.12. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
7.13. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

8. Return and Refund

8.1. All Products ordered from the Website and successfully delivered to the User by Ricacollection.com may be returned to RICA in accordance with the terms contained in the respective https://www.ricacollection.com/return-refund/ policy.
8.2. However no Products will be accepted by RICA if (a) the Products have been damaged by the User (b) if there is a change in the quality, quantity or other characteristics of the Product (c) any other circumstances that the Website may notify or deem appropriate from time to time.
8.3. Ricacollection.com will not be liable for the products returned by mistake. In circumstances where a product not belonging to Ricacollection.com is returned by mistake, Ricacollection.com is not accountable for misplacement or replacement of the product and is not responsible for its delivery back to the User.
8.4. The User acknowledges that the Website will not be liable for any damages, interests or claims etc. resulting from non-processing an order or any delay in processing an order which is beyond control of the Website.
8.5. All Users and Sellers shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made there under, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under and all other laws as may be applicable.

9. Cancellation

9.1. To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Ricacollection.com reserves the absolute right to cancel all past, pending and future orders without any liability. Ricacollection.com also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on Website and stock unavailability. We may also require additional verifications or information before accepting any order. We may contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your card has been charged, the said amount will be reversed to your account. Any promotional voucher used for the cancelled orders may not be refunded. Further, in case of suspicious transactions, Ricacollection.com reserves the right to inform law enforcement officials and provide them with all transaction details that may be requested for investigation of any illegal activity.
9.2. The User may be considered fraudulent if inter alia any of the following scenarios are met:

1. Users don’t reply to the payment verification mail sent by through the website and/or payment gateway.
2. Users fails to produce adequate documents during the payment details verification
3. Misuse of another Users'phone/email
4. User uses invalid email and phone no.
5. Overuse of a voucher code
6. Use of a special voucher not tagged to the email ID used.
7. User returns the wrong product
8. User refuses to pay for an order
9. User is involved in the snatch and run for any order

10. User Conduct and Rules:

10.1. You agree and undertake to use the Website only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when the Website, you will not:

1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
2. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
3. upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
4. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
5. conduct or forward surveys, contests, pyramid schemes or chain letters;
6. download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
7. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
8. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
9. violate any applicable laws or regulations for the time being in force in or outside India; and
10. violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
11. exploit any of the services. Moreover, we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that Users conduct violates applicable law or is harmful to our interests.
12. You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about the Website, its associates and partners on any property owned or operated by the Website.

11. Intellectual Property Rights

11.1. Intellectual Property Rights (“IPR”) for the purpose of these Terms shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, source code, technical data, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and further shall also include but not be limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code in relation to the Website.
11.2. All IPR on the Website exclusively belong to either the Website or the third party sellers and suppliers, as the case may be. Under no circumstance shall any User infringe in any way such IPR of the Website or supplier during or pursuant to its use of the Website for any purposes whatsoever.
11.3. All those IPR arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Rica Collection Private Limited and/or its affiliates as the owner of such domain name.
11.4. Every User hereby grants Ricacollection.com a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, publish, transmit, reproduce, modify, adapt any content provided or created by the User. RICA shall have no liability for any infringement of intellectual property rights with respect to such content created by the User.
11.5. Except as expressly provided herein, the User acknowledges and agrees that it shall not copy, republish, post, display, translate, transmit, reproduce or distribute or in any other way infringe any Intellectual Property Right through any medium without obtaining the necessary authorization from the Website or the thirty party owner of such Intellectual Property Right.

12. Indemnity

12.1. The User hereby indemnifies, defends and holds harmless the entity owning and operating the Website, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with :

1. The User’s breach of these Terms; or
2. Any claims made by any third party due to, or arising out of, or in connection with, the User’s use of the Website; or
3. Any claim that any third party IPR, proprietary information, content or materials provided by the User causes any damage to a third party; or
4. Violation of any rights of any third party by the User, including any IPR.

Each an “Indemnity Event”
12.2. Upon occurrence of an Indemnity Event, the Website may notify the User of any claims which the User shall be liable to indemnify the Website against. The User shall then be obligated to consult with the Website regarding the course of action to be undertaken in defending such a claim.
12.3. The User shall not compromise or settle any claim or admit any liability or wrongdoing on the part of the Website without the express prior written consent of the Website which can be withheld or denied or conditioned by the Website in its sole discretion.
12.4. Notwithstanding anything to contrary, the Website’s entire and aggregate liability to the User under and in relation to these Terms shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by the User/Seller to the Website under the relevant order to which the cause of action for the liability relates.
12.5. Notwithstanding anything to contrary, in no event shall the Website, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to the User for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Website has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with the User’s use of or access to the Website or the Product.

13. Use of Content

13.1. While using the Website, the User specifically undertakes not to host, display, upload, modify, publish, transmit, update or share any information or content that:

1. belongs to another person and to which the User does not have any right to;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
3. harms minors in any way;
4. impersonate any person or entity, or falsely state or otherwise misrepresent the User’s affiliation with a person or entity;
5. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;
6. infringes any patent, trademark, copyright or other IPR;
7. contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
8. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
9. engage in any activity that interferes with or disrupts access to the Website or the Products (or the servers and networks which are connected to the Website);
10. attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Website server, or to any of the Products offered on or through the Website, by hacking, password mining or any other illegitimate means;
11. probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
12. disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
13. use the Website or content therein for any purpose that is unlawful or prohibited by the Terms or to solicit the performance of any illegal activity or other activity which infringes the rights of the Website or other third parties;
14. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
15. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
16. violate any applicable laws or regulations for the time being in force within or outside India; and
17. Violate the terms of these Terms.

14. Applicable Law

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts in Bengaluru, India shall have exclusive jurisdiction in respect of any matters arising herefrom.