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Indya Ambassador Program

Seller Services General Terms

This agreement contains the terms and conditions that govern your access to and use of the services through a particular account and is an agreement between you or the business, you represent ("you or Seller") and High Street Essentials Private Limited “High Street”.

By registering for or using the services, you agree to be bound by the terms of this agreement, including the service terms and programme policies for each service you register for or use in connection with the High Street Essentials Private Limited site.

 

Terms & Condition:

1. Definitions

  • “Content” means copyrightable works under applicable law and content protected by database rights under.
  • “Governing Courts and Laws” means the applicable one of the following:
    The laws of the India, New Delhi; or
    The laws of U.S.A; or
    The laws of Australia; or
    The laws of UK; or
    The laws of any other Countries in which the seller operates.
  • “Intellectual Property Rights” means any patent, copyright, Trademark, domain name, moral right, trade secret right, or any other intellectual property right arising under any laws and all ancillary and related rights, including all rights of registration and renewal and causes of action for violation, misappropriation or infringement of any of the foregoing.
  • “Law” means any law, ordinance, rule, regulations, order, licence, permit, judgement, decision, or other requirement, now or in the future in effect, of any governmental authority (e.g., on a federal, state, or provision level, as applicable) of competent jurisdiction.
  • “Service” means each of the following services provided by street high.
  • “Service Terms” means the service terms applicable to each service, which are made part of this agreement upon the date you elect to register for or use the applicable services, and any subsequent modifications we make to those terms.

2. Listing, Sale, and Delivery of the Product

The Listing, sale and delivery of products shall be in accordance with the direction & conditions of High Street Essentials Private Limited as may be issued or communicated from time to time. And all the products shall be of brand owned by High Street Essentials Private Limited like ‘Faballey’, ‘Indya’ or such other brands as may be permitted by it.

3. Offers

The offer on all the products shall in accordance with the High Street and which can be changed with as and when deem fit to it.

4. Payments

  • You will be entitled to a Commission of 15% on Net Sales Value;
  • Net Sales Value shall be calculated at MRP of the products sold less applicable taxes and discount, commissions, logistics, returns etc. if any across channels.
  • The entitled commission will be paid within 20 business days from the closure of the return window for the products sold.
  • The payment shall be made in the provided Bank or Paypal account.

5. Automatic Information

We receive and store certain types of information whenever you interact with us. We also collect information about your interaction with our Services and your communications with us. This is information we receive from the devices (including mobile devices) you use - when you use our Services, register for an account with us, provide us information on a web form, update or add information to your account, participate in community discussions, chats, or dispute resolution, or when you otherwise correspond with us regarding our Services. Geo-location information, including location information from your mobile device. Keep in mind that most mobile devices allow you to control or disable the use of location services by any application on your mobile device in the device's settings' menu.

6. Language and Currency

All the transactions will be done under Indian Rupee (₹) and all the agreements in future will be done under English language.

7. Confidentiality

Information about our customers is an important part of our business and we are not in the business of selling it to others. All the confidential information including related to our customers is subject to our privacy policy. There should be reasonable measures to be taken to protect the confidential information.

8. Regulatory/Compliance Related Sharing of Information

We may be required to share any of your aforesaid information with government authorities and agencies for the purposes of verification of identity or for prevention, detection, investigation including cyber incidents, prosecution and punishment of offences. You agree and consent for Direct Create to disclose your information, if so required under the applicable law.

9. Other Terms & Condition

  • By placing the order, the purchaser understands and agrees to all the terms and conditions of the offer.
  • Orders will be executed only after realization of the payments.
  • Cash on delivery charges, as indicated, may apply over & above the offer price.
  • We will take between 7-30 days for delivery of order/gift, subject to stock availability.
  • All orders are subject to acceptance by us and product availability.
  • Sizes once confirmed will not be changed.
  • Certain products and orders may not qualify for returns or exchanges.
  • Offer is available only till stocks last.
  • High Street reserves the right to terminate or extend its various offers or any part thereof at any time.
  • High Street shall not be obliged to fulfil any order for any cancelled offer and customers shall abide unconditionally by the decision of High Street.
  • High Street will not be liable for any credit card fraud. The liability of any Fraudulent Use of the card shall always be on the owner of the card unless proved otherwise.
  • You represent and warrant that all details you provide to High Street are true, accurate, current and complete in all respects; and that the credit or debit card you are using is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered.
  • Merchandise available for sale changes on a frequent basis; we reserve the right to make changes in our merchandise without notice. Availability information for products is listed on each individual product description. Some of our products may be available only in limited quantities, so we cannot guarantee that a product displayed on a previous visit to our website may still be available when you visit again. An item may be out of stock temporarily or permanently or discontinued from our product line. When an item is no longer available, we take reasonable steps to remove it from the website as soon as we can. Please be informed that if we do not have stock to deliver the goods you have ordered, we will issue the charged amount back as credit to your source account within 48 business hours and the same shall reflect in your account in the next 5-7 business days.
  • The prices displayed on this website are quoted in your currency and are valid in your territory. Prices are subject to change at any time and subject to applicable taxes.
  • No relationship shall exist between you and High Street until we accept your order by shipping the product to you.
  • By placing an order on High Street, you allow us to call, WhatsApp or message you regarding your order on your given mobile number even if it is registered under DNC list. A confirmation call may be placed to you at the number given in your order details and our representative shall inform you of the details of the product/(s) ordered, price, payment method and delivery cost, and delivery time and any other relevant information and shall answer your queries pertaining to the order and only after your confirmation shall we dispatch the product.
  • Discount vouchers can never be redeemed for cash, and you should follow separate terms and conditions applicable to each discount voucher. Any complaint without exhausting the requisite procedure for availing the facilities against a voucher, as provided for in the voucher terms, shall not be entertained.
  • You agree that we may use and/or disclose information about you, such as demographics or your use of this site, in any way without revealing your personal information or identity. By taking part in promotions, contests offered on the site, or by requesting promotional information or product updates, you agree that we may use your information for marketing and promotional purposes.
  • We have taken great care to provide accurate product images for each product for sale on the site. However, the colours we use, as well as the display and colour capabilities of your particular computer monitor will affect the colours you actually see. We are not responsible for the said limitations and cannot guarantee that the colour, texture or detail of merchandise that you see on your monitor display will be accurate.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the product, use of the product, or access to the product/service.
  • We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
  • We are not responsible for material displayed on third party websites or any other written material. The only prices that apply for High Street products are those stated on the High Street material. We cannot vouch for the reliability of prices stated on shopping directories or through any other third party.
  • In case of orders where offers are applied the terms associated with individual offers will take precedence. The terms and conditions for such offers shall be separately available on the Site.

10. Governing Law

This Agreement shall be interpreted under and governed by the laws of the India as applied to an agreement made and wholly performed within the said State. Use of this website shall in all respects be governed by the laws of New Delhi, India, regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the courts located in India, New Delhi, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.
Regardless of Country in which seller operate the jurisdiction shall remain in New Delhi India.
Any other laws which will be applicable to other Countries shall be complied by Seller and High Street as may be required.

11. Disclaimer of Liability

High Street shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither High Street nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof. We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on Account of the Cardholder having exceeded the present limit mutually agreed by us with our acquiring bank from time to time.

12. Indemnification

The seller agrees to indemnify, defend and hold harmless High Street Essentials Private Limited, affiliates, directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs, and expenses incurred by the Indemnified Parties arising out of or related to.
Any breach of this agreement by the seller, any violation of applicable laws, regulations, or third-party rights by the seller, any claim or action by a customer or third party arising from the product or services provided by the seller.

13. Warranties

High Street makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website.

14. External Links

External links may be provided for your convenience, but they are beyond the control of High Street and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.

15. Intellectual Property Rights

The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered trademarks of High Street, the website owner. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of High Street.

16. Severability

In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, the remaining portions hereof shall remain in full force and effect.

17. Force Majeure

High street will not be liable for any delay or failure to perform any obligation under this agreement by reasons, events or any other matters beyond our reasonable control.

18. Suggestions & Other Information

If you or any of your affiliates elect to provide some feedback, ideas, suggestions or comment on any of our services we are free to accept, modify, disclose any of the foregoing information or materials in any manner. In order to corporate with the government requests, we are ready to share the information but keeping our consumers safety on topic information like IP addresses, usage history and protested content is excluded in every aspect.

19. Waiver

Failure to enforce compliance with any terms or conditions of this Agreement shall not constitute a waiver of such term or condition of this Agreement or the right to subsequently enforce such term or condition in the future. No waiver, by either party, of any provision of this Agreement shall, in any event, become effective unless the same shall be in writing and such waiver shall be effective only in the specific instance described and for the purpose for which the waiver is given.

20. Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to this agreement, the parties agree to first attempt to resolve the matter amicably through negotiation. If the parties are unable to reach a resolution through negotiation within a reasonable timeframe, they agree to submit the dispute through mediation. The costs of the mediation shall be shared equally between the parties. If the dispute remains unresolved after mediation, the parties agrees to resolve the dispute through binding arbitration. The arbitration shall be conducted in accordance with the rules and procedures of a mutually agreed-upon arbitrator provider. Notwithstanding the above, either party may seek injunctive relief or pursue legal remedies in a court of competence jurisdiction to protect its rights, intellectual property, or confidential information.

21. Conflict of Terms

If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

22. Termination

High Street reserves the right to terminate your membership with us and to refrain from fulfilling any further orders and to suspend or terminate your access to the site immediately and without notice to you if: you fail to make payment to us when due; or you breach any of these Conditions; or when requested by us to do so, you fail to provide within a reasonable time, enough information to enable us to check the accuracy and validity of any information supplied by you, or your identity; or we suspect you have engaged, or are about to engage, or are connected to or otherwise have way of being involved in fraudulent or illegal activity on High Street and its customers.

You agree that if you breach these Conditions, or any liabilities are incurred arising out of your use of this website, you will be responsible for the costs and expenses that we or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (if applicable). You will remain liable if someone else uses your shopping account and/or personal information unless you can prove that such use was fraudulent.

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Head Office Address:

High Street Essentials Pvt Ltd
C-11, Sector 7, Noida, UP- 201301, India
Customer Care: +91-8929987349 / 0120-6850262

Return Address:

High Street Essentials Pvt Ltd
Plot No-1C/2, Sector 16,
Greater Noida(West), Gautam Buddha Nagar, UP - 201306, India

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