0TERMS & CONDITIONS
This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.exotikalhub.com website.
Your use of the Exotikal Hub website including www.exotikalhub.com including mobile application (hereinafter collectively referred to as the “Website”) and its related sites, services and tools is governed by the terms and conditions as contained in this Agreement applicable to the Website. This User Agreement for the Website shall come into effect on 00:00 hours, Indian Standard Time 18th September, 2021 (“User Agreement”). exotikalhub.com is an internet E-commerce based portal operated by Exotikal Hub Private Limited; a company incorporated under Companies Act, 1956 having its registered office at Exotikal Hub Private Limited, B 26, Radhe Square, Reliance Circle, Near Kabir World, Kudasan, Sargasan, Gandhinagar, Gujarat 382421, India. For the purpose of this User Agreement, Registered User / Guest User and wherever the context so requires, ‘”You”, “Your” shall mean any natural or legal person who is accessing the Website, its contents and using the services offered on or through the Website and has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as a Registered User / Guest User using the digital systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself/herself a unique identification user name (“User ID” and “Password”) to become a Registered User or has been identified as Guest User by providing phone number and email id. Further, reference to “we”, “us”, “our” and “Exotikal Hub” shall mean Exotikal Hub Private Limited (www.exotikalhub.com).
The use of the Website is offered to you conditioned upon Your ‘Acceptance’ of all the terms, conditions and notices contained in this User Agreement. Upon “Acceptance”, this User Agreement shall be effective and binding upon you along with any amendments made by Exotikal Hub at its sole discretion and posted on the Website and you shall not claim invalidity of this User Agreement merely on the grounds that this User Agreement is being documented and concluded electronically. For the aforesaid purposes, ‘Acceptance’ shall mean Your affirmative action by in clicking on the ‘check box’ and on the ‘continue’ button’ as provided on the registration page or clicking on ‘Buy Now’ button while transacting as a Guest User or any act which reflects Your use of the Website or the services provided by the Website or any such other actions that imply Your acceptance to the present electronic document. You hereby further agree that this User Agreement is being concluded and executed at Gandhinagar, Gujarat. Your use of the Website implies that you agree with the terms of the User Agreement. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and Rules and Policies as displayed on the Website, you may choose to not click on the “check box ” and/or on the “continue” button and/or “Buy Now” button and not seek to obtain access to or otherwise use the Website.
When you use any of the services provided by us through the Website, including but not limited to Product Reviews, Seller Reviews etc., you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they shall be deemed to be incorporated into this User Agreement and shall be considered as part and parcel of this User Agreement. We reserve the right, at our sole discretion, to change, modify, add or remove portions of the User Agreement, at any time without any prior written notice/intimation to you. It is Your responsibility to review this User Agreement periodically for any updates / changes. Your continued use of the Website following subsequent to the posting of updates/changes shall mean that you accept and agree to the revisions. As long as you comply with the provisions of this Agreement, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
Membership Eligibility
Use of the Website is available only to persons who can perform legally binding contracts 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. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase or bid for any items on the Website except through Your legal guardian or parents who have registered as users on the Website or can use the Website as a Guest User. www.exotikalhub.com reserves the right to terminate Your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.
Business entity registration: If you are registering as a business entity, you represent that you are duly authorized to accept this User Agreement and you have the authority to bind Your business/legal entity to this User Agreement.
Guest User: If you are transacting as a Guest User, you shall not be allowed to list/ sell products or services on Website and there could be certain additional restrictions on you as a Guest User for Your purchase and the other functionality of the Website available to you. As a Guest User, Buyer will not be eligible for all other benefits that are not assignable to a non-registered user.
Your Account and Registration Obligations
- You must include any of Your contact details such as email addresses etc. in Your User ID while registering as a Registered User; and
- Maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times;
- You must immediately notify us of any unauthorized use of Your password or account or any other breach of security, and
- Ensure that You exit from Your account at the end of each session.
Electronic Execution and Communications
When You use the Website or send emails or other data, information or communication to by www.exotikalhub.com, You agree and understand that You are communicating with Exotikalhub.com through electronic records. You consent to receive communications from us electronically. For contractual purposes, You consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the Website and/or your order placed on the Website. We will communicate with You by email or by posting notices on the Website or through any other Exotikal Hub services. You agree that all the agreements, notices, disclosures and other communications that we provide to You electronically shall be deemed to be an adequate service of notice/electronic record and satisfy any legal requirement that such communications be in writing.
Fees and Services
Membership on the Website is free. Being an Intermediary under the Information Technology Act, www.exotikalhub.com does not charge any fee for browsing and buying on the Website. However, before You list an item for sale through the Website, we request You to review our Fees and Credit Policy, which is hereby incorporated by reference into this agreement. WWW.exotikalhub.com reserves the right to change its Service Fee and Credit policies from time to time at its sole discretion including without limitation right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Any modifications to the Fee and Credit policies shall be posted on the Website and such changes shall become effective immediately. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to Exotikal Hub Private Limited within such time as specified in the invoice.
Taxes: You are responsible for paying all fees associated with the use of the Website and You agree to bear all and any applicable taxes, charges, cesses etc. levied thereon in accordance with the Law or Government Regulations for the time being in force.
Non-payment: exotikalhub.com reserves the right to issue a warning, temporarily /indefinitely suspend or terminate Your membership of the Website and refuse to provide You with access to all current and future use of the Website in case of non-payment of fees by You to exotikalhub.com; exotikalhub.com also reserves the right to take legal action in case of non- payment of fees.
Use of the Website
You understand and agree that Exotikal Hub and the Website merely provides hosting services to its Registered Users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by Registered Users and are third party user generated contents. Exotikalhub.com neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects or modifies the information contained in the transmission. exotikalhub.com has no control over the third party user generated contents and does not provide any guarantee with respect to any such contents and exotikalhub.com shall not be held liable for any loss suffered by You based on Your reliance on or use of such data/content.
You agree, undertake and confirm that Your use of the Website shall be strictly governed by the following binding principles:
“Your Information” is defined as any information You provide to us or other users of the Website (“Users”) in the registration (as Registered User or as Guest User), buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information and we act only as a passive conduit for Your online distribution and publication of Your Information.
Your Information (or any items listed): Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011, in case of non-compliance with rules and regulations, user agreement and privacy policy, for access or usage of intermediary computer resources, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resources of Intermediary and remove non-compliant information.
In terms of Information Technology (Intermediaries Guidelines) Rules, 2011, You agree and undertake that You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
- belongs to another person and to which You do not have any right;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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 whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or is fraudulent or involves the sale of counterfeit or stolen items;
- involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
- violates any law for the time being in force;
- deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person/entity; - contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- 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 any other nation.
- shall not be false, inaccurate or misleading;
- shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. Without prejudice to the generality of the above, Exotikalhub.com does not permit transactions in the following items including but not limited to categories as stated in the Prohibited and Restricted Items under General Policyies and Rules which can be accessed at
shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
- shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, The Indecent Representation of Women (Prohibition) Act, 1986, Information Technology Act 2000 as amended from time to time and rules there under;
- are identical to other items You have up for auction but are priced lower than Your item’s price, the reserve price of the item or minimum bid amount; are concurrently listed for sale on a Website other than the Website;
Exotikalhub.com shall have the right to use Your Information as provided by You and such usage of Your information by us will not amount to violation of any rights You might have in Your Information. You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) You have in Your Information, in any media now known or not currently known, with respect to Your Information. Exotikalhub.com will only use Your Information in accordance with the User Agreement and Exotikalhub.com’s privacy policy.
You represent and confirm that You shall be the sole and exclusive legal owner of all items, goods or products of any description that You wish to offer for sale on the Website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products.
In the event that any transaction or attempted transaction relating to any item, good or service which is in violation of this User Agreement or applicable law comes to Your knowledge, You shall take all steps to inform Exotikalhub.com of the same at info@uat.exotikalhub.com.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules made there under as applicable and as amended from time to time and also all applicable Domestic Laws, Rules and Regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Goods and Service Tax\, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of our service and Your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including Exchange Control Laws or Regulations for the time being in force. In particular You shall ensure that if any of Your items listed on the Website qualifies as an “Antiquity” or “Art treasure” as defined in the Antiquities and Art Treasures Act, 1972 (“Artwork”), You shall indicate that such Artwork is “non-exportable” and sold subject to the provisions of said Act, and shall ensure that it is not delivered to the Buyer (as defined under the Buying section) at any place outside India.
You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Website.
From time to time, You shall be responsible for providing information relating to the items or services proposed to be sold by You. In this connection, You undertake that all such information shall be correct and accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner. It may be possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It may also possible for others to obtain personal information about You due to Your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve such unauthorized use, but by using the Website, You acknowledge and agree that we are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
You shall not attempt to or circumvent or manipulate our Fee structure, the billing process or Fees owed to Exotikalhub.com as detailed and agreed in MOU signed by Merchants/Sellers.
You agree that You or any of your affiliates, Subsidiaries, associate partners to your knowledge, any of your officers, directors or employees or vendors have not (i) made or offered to make or receive any direct or indirect payments in violation of any applicable Indian law including anti- bribery and anti- corruption laws and other laws (for eg. U.S Foreign Corrupt Practices Act and the U.K Bribery Act 2010), including any contribution, payment, commission, rebate, promotional allowance or gift of funds, property or any other economic benefit in cash or kind or thing of value to or from any employee, official or agent of any employee, official or agent of any Governmental Authority where such an activity amounts to be illegal and in violation of applicable laws. If You have reasonable suspicion of the existence of such conduct, You shall immediately inform Exotikal Hub of such knowledge and if requested by Exotikal Hub, provide to Exotikal Hub such information it may reasonably require regarding such conduct. Exotikal Hub shall also have the right to audit periodically merchant/sellers, if need be in compliance of the above. Exotikal Hub shall upon knowledge of such activities have the right to suspend or terminate the services without prior written notice should it become aware of a breach by the User of the representation and warranty given hereinabove.
Platform for Communication
Exotikalhub.com does not control, endorse or accept responsibility for any product (including but not limited to product catalogues) proposed to be sold or offered to be sold or purchased on the website or any linked sites, if it’s being sold by other sellers, except if in the case seller is exotikalhub.com itself under its brand. Exotikalhub.com makes no representations or warranties whatsoever about, and shall not be liable for the Seller or any such third parties, their products including representations relating to merchantability, fitness of a product or service for a particular purpose, warranty as to specific products and non-infringement of third party intellectual property rights, except if the seller in such a case is exotikalhub.com itself under its own brand. Any transactions that the Buyer may have with such third parties are at Buyer’s own risk. The products shall be subject to Seller’s terms and conditions for warranty, service and maintenance, and Exotikalhub.com does not accept any responsibility for the same, except if the product is sold directly by the exotikalhub under its own brand. Exotikalhub.com also does not accept any responsibility for the usage of the products by the Buyer.
Exotikalhub.com specifically disclaims any liability with regard to any illegal, infringing, fake, duplicate, spurious, defective or counterfeit, refurbished, expired products purchased by the Buyer from the Seller and Exotikalhub.com shall not assume any liability if the product purchased or availed by the Buyer from the Seller is not exactly as per specifications detailed in the purchase confirmation of the order.
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 and after sales services related to goods and services. Exotikalhub.com does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between Buyers and Sellers.
Exotikalhub.com is not responsible for any non-performance or breach of any contract entered into between Users (includes Registered User or Guest User). Exotikalhub.com cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. Exotikalhub.com shall not and is not required to mediate or resolve any dispute or disagreement between Users.
Exotikalhub.com does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that respect.
Exotikalhub.com does not warrant that the sale price provided by the Seller of the product is accurate, proper and valid. Any error in the sale price shall be solely attributed to the Seller and not to Exotikalhub.com. Prices, Product description and availability of the Product are Seller’s responsibility..
Exotikalhub.com does not at any point of time during any transaction between the Buyer and the Seller on the Website come into or takes of any of the goods or services offered by Seller nor does it at any point gain title to or have any rights or claims over the goods or services offered by the Seller to the Buyer, except in the case of exotikalhub selling the product on its own brand. Exotikalhub.com may provide fulfilment and logistics services to certain merchants/Sellers but still does not take possession or title of any product or service sold.
Buyer expressly acknowledges that the Seller selling the defective Product will be responsible to the Buyer for any claims that the Buyer may have in relation to such defective Product and Exotikalhub.com shall not in any manner be held liable for the same.
The Website is only a venue through which Users can reach a larger base to buy and sell items or services. Exotikalhub.com is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall any right, title or interest over the items vest with Exotikalhub.com nor shall Exotikalhub.com have any obligations or liabilities in respect of such contract for sale. Exotikalhub.com is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply as offered by the Sellers.
At no time shall any right, title or interest over the items vest with Exotikalhub.com nor shall Exotikalhub.com have any obligations or liabilities in respect of such contract. Exotikalhub.com is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other Users that You transact with.
You release and indemnify Exotikalhub.com and/or any of its shareholders, directors, officers, affiliates, employees and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that You may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Exotikalhub.com cannot control the information provided by other Users which is made available on the Website. You may find other User’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretence.
Disclaimer: You acknowledge and undertake that You are accessing the services on the Website and transacting at Your own risk and are using Your best and prudent judgment before entering into any transactions through the Website. We shall neither be liable nor responsible for any actions or inactions of Sellers nor any breach of conditions, representations or warranties by the Sellers or manufacturers of the products and hereby expressly disclaim any and all responsibility and liability in that regard.
Breach
Buying
All purchases on the Website are a firm commitment to purchase. If You are the purchaser for any item, You are obligated to complete the transaction with the Seller.
By purchasing on an item You agree to be bound by the conditions of sale included in the item’s description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or are unlawful. In case of consumer goods, the Sellers on the Website may or may not specify the retail prices of the items being sold. You are advised to independently verify the retail prices of such items if You so desire.
Exotikalhub.com strongly advises You not to test the Website with false purchases, as it will put You at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator. Wilfully entering erroneous or fictitious bids may result in prosecution by Exotikalhub.com.
Please note that in the event any inaccurate information is provided by You regarding Your identity, Your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify You. If You are a registered Buyer on the Website we encourage You to post feedback for the Seller after the transaction is closed.
In case of purchase of an Artwork which is marked as “non-exportable” on the Website or it is illegal to export the same, You agree that the Artwork shall not be exported out of India or otherwise dealt in any such manner which shall be in contravention of any law for the time being in force or any rules, regulations, notifications and orders passed there under.
Fulfilments and Shipping
Exotikalhub.com from time to time may offer certain fulfillment services to Sellers, however, Sellers remain responsible for the overall shipping quality, delivery, and cost of shipping. Exotikalhub.com may provide pick-up and delivery services to Sellers but all of these services are provided as contract or outsourced services on behalf of the merchants. At no time, Exotikalhub.com takes title or ownership of any product or inventory, except in case when product is being sold under exotikalhub’s own brand.
You may return the product purchased by You in accordance with our Return Policy, if any, as mentioned on our website. You hereby agree that the refund for the returns made by You shall be provided by us as Store Credit. You can use these credit to purchase anything on Exotikalhub.com or can even have them credited back to you. The Credit shall on request, be credited back to your original mode of payment and in case of Cash on Delivery (COD) payment, amount shall be transferred in your Bank Account, the details of which shall be taken during the refund process. In case of payments made through any of the wallet payment gateways, the amount will be credited to the original mode of payment. For further assistance on terms and conditions of Credit, please visit at http://uat.exotikalhub.com
Buyer Protection at Exotikalhub.com
xotikalhub.com does not permit the merchants to sell duplicate, spurious, knock-offs or grey channel items. Merchant guarantees to sell only genuine products to customers through Exotikalhub.com. All Merchants listing their products on exotikalhub.com are required to enter into an agreement to list and sell only genuine products. We also encourage the merchants to extend all the warranties, guarantees as entailed in the product by the Merchant/Seller to You, all this at a great price and with the best customer services in the industry. It is however clarified that the Exotikalhub.com seeks to ensure the aforesaid only on a best endeavor basis and does not assure or provide any personal warranties or assumes and liability or responsibility pertaining to the genuinity and authenticity of the products and/or the Seller, for which the Seller shall be solely responsible and liable except in case if the product is being sold under exotikalhub own brand and in that case exotikal hub becomes a seller.
If Exotikalhub.com gains suspicion or knowledge, that any of its members are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Exotikalhub.com may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the user id of Registered User and such necessary action against the Guest User of such member and/or disqualify that member and any related members from availing protection through this program.
Exotikalhub.com reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Exotikalhub.com may at its sole discretion suspend, block, restrict, cancel the User ID [and its related user ids] of such user and/or disqualify that member and any related members from availing protection through this program.
Any person who, knowingly and with an intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information shall be guilty of a criminal offence and will be prosecuted to the fullest extent under the law.
Selling/Advertising
As a registered member, You may list item/s for sale/advertising on the Website in accordance with the Listing Policies more fully detailed at Exotikalhub.com under General Policies and Rules//uat.exotikalhub.com/policies-and-rules.html which Policy is incorporated by way of reference in this Agreement. You represent that You are legally allowed to sell/advertise the item(s) You list for sale/advertising on Exotikalhub.com. You further agree to ensure that the products sold/advertised by You through Exotikalhub.com are genuine and are not counterfeit or stolen/ spurious /grey channel or knock off items. You further agree to ensure that the items/products listed by You on Exotikalhub.com do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of any third parties.
You acknowledge and understand that “Listings” may include text descriptions, graphics and pictures that describe Your item for sale. You shall be deemed to be infringing the intellectual property rights of a third party if You are (i) affixing a registered trademark (or an identical or similar trademark likely to confuse the public to have an association with the registered trademark) of such third party to Your goods or its packaging; (ii) offering or putting for sale or stocking the goods under the said trademark; or (iii) using the said trademark in advertising Your product.
You acknowledge that if any genuine claim is received by Exotikalhub.com from any person through the Report Abuse section of Exotikalhub.com (terms of which are incorporated herein by reference), Exotikalhub.com may in its sole discretion block Your merchant/user account and/or remove the products listed by You on Exotikalhub.com, without any prior notice to You. Exotikalhub.com would however provide You a post facto intimation regarding the same. You agree that You shall have no claim whatsoever against Exotikalhub.com in this regard and the decision of Exotikalhub.com, as aforesaid shall be binding on You.
You further agree to ensure that the listing description of the item must not be misleading and must describe actual present condition of the product. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales. If the item description does not match the actual condition of the item, You agree to replace the product delivered to the Buyer with the correct product and/or refund any amounts that You may have received from the Buyer within 10 days of receipt of intimation from us in this regard. You agree not to list a single product in multiple quantities across various categories on the Website. Exotikalhub.com reserves the right to delete such multiple listings of the same product listed by You in various categories.
Payments
Exotikalhub.com uses third party payment providers to receive payments from the Buyers on Seller’s behalf. Exotikalhub.com is not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues. Exotikalhub.com takes utmost care to work with 3rd party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers. Further, Exotikalhub.com does not release the payment to Sellers until the order has been received by the Buyers and they are satisfied with it. Exotikalhub.com shall only make payments to the Sellers subject to realisation of payment received from the Buyer to Exotikalhub.com. The Seller payment is typically net of the service fee charged by Exotikalhub.com for its services and after deduction of applicable withholding taxes (if any).
Feedback
We encourage Registered Buyers on the Website to provide feedback to the Sellers after the transaction has been closed, this helps other Users to know the performance level of the said Merchant/Seller. Please remember that You cannot retract the feedback once You have provided it. Further You agree that the feedback You provide to the Website shall be deemed to be non- confidential and will be displayed along with Your user ID. Exotikalhub.com will not be responsible for the feedback that You post on the Website and You should be careful in making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents, for which You shall alone be liable.
You may not take any actions that may undermine the integrity of the feedback system. If You continue to receive negative feedback ratings, Exotikalhub.com reserves the right to suspend Your membership, and You will be unable to list, buy or bid on the Website. You agree that Your feedback shall not contain confidential or proprietary information of You or of third parties.
Export – As feedback ratings are not designed for any purpose other than for facilitating trading between the Users, You agree that You shall not market or export Your Website feedback rating in any venue other than on the Website.
Import – We do not provide the technical ability to allow You to import feedback from other websites to Exotikalhub.com because a composite number, without the corresponding feedback does not reflect Your true online reputation within our community.
No Warranty
THE WEBSITE, SERVICES, CONTENT, USER CONTENT AND ANY THIRD PARTY CONTENT ARE PROVIDED BY EXOTIKALHUB.COM ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, EXOTIKALHUB.COM MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE ORSERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EXOTIKALHUB.COM OR THROUGHTHE WEBSITE / CONTENTOR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXOTIKALHUB.COM WILL HAVE NO LIABILITY RELATED TO USER CONTENTAND / OR THIRD PARTY CONTENTARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. EXOTIKALHUB.COM ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD PARTY CONTENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EXOTIKALHUB.COM WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. EXOTIKALHUB.COM HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT EXOTIKALHUB.COM NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. EXOTIKALHUB.COM SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, EXOTIKALHUB.COM SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND EXOTIKALHUB.COM ‘S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. EXOTIKALHUB.COM IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. EXOTIKALHUB.COM ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
Limitation of Liability
At no event shall Exotikalhub.com or its suppliers, affiliates, service providers and their respective officers, directors, employees, partner be liable for any direct, indirect, incidental, special, incidental, consequential , exemplary or punitive damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses 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 Your use of or access to the Website, its services ,content or this agreement (however arising, including negligence).
Exotikalhub.com’s entire and aggregate liability in any circumstance including these terms and conditions shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by You to Exotikalhub.com under the relevant order to which the cause of action for the liability related. Exotikalhub.com, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Exotikalhub.com assumes no liability whatsoever for any monetary or other damage suffered by You on account of:
- Delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website;
- Any interruption or errors in the operation of the Website.
Indemnity
You agree to indemnify and hold harmless Exotikalhub.com and (as applicable) Exotikalhub.com’s parent, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages, costs and expenses, claims or demand, or actions including reasonable attorneys’ fees asserted against or incurred by Exotikalhub.com, made by any third party arising out of Your breach or non-performance of terms of the User Agreement, Exotikalhub.com Rules and Policies, or the documents they incorporate by reference, or Your violation of any law, rules or regulations or the rights of a third party.
Exotikalhub.com may notify You of any claims which You shall be liable to indemnify Exotikalhub.com against. You will then be required to consult with Exotikalhub.com regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Exotikalhub.com without the express prior written consent of Exotikalhub.com which can be withheld or denied or conditioned by Exotikalhub.com in its sole discretion.
General
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between You and Exotikalhub.com and You shall have no authority to bind Exotikalhub.com in any manner whatsoever.
Notices: Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of Exotikalhub.com to Exotikal Hub Private Limited Attn: Legal Department, at Exotikal Hub Registered office situated at Shop No. 26, Radhe Square, Reliance Circle, Kudasan, Sargasan, Gandhinagar – 382 421 (in the case of Exotikalhub.com) or to the email address You provide to us during the registration process (in Your case). Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Severability: If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
Entire Agreement: This Agreement sets forth the entire understanding and agreement between You and Exotikalhub.com with respect to the subject matter hereof.
Assignment: Assignment: You cannot assign or otherwise transfer this User Agreement, or any rights granted hereunder to any third party. Exotikalhub.com may transfer its rights and obligations (also known as “assign”) under this Agreement without Your prior express consent, provided that Exotikalhub.com assigns the Agreement on the same terms or terms that are no less advantageous to You.
18.6. Dispute Resolutions: Generally, transactions are conducted smoothly on Exotikalhub.com. However there may be some cases where both the Buyers and Sellers may face issues. At Exotikalhub.com, we have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers.
A ‘Dispute’ can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Website. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.
It is important that before a Buyer/Seller raises a dispute, they should attempt to resolve the issue amicably between each other. Please note that whenever a Buyer raises a dispute, the Seller’s payment for that order is put on hold immediately until the issue is resolved.
How is a ‘dispute’ resolved?
Whenever there is a disagreement relating to any transaction, the users can write to grievance@uat.exotikalhub.com in order to raise a dispute. Once a dispute is raised by either party, Exotikalhub.com shall try to mediate and the resolve the matter amicably.
Grievance Officer In accordance with the Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer is published herewith:
Grievance and Nodal Officer
Mr. Sushil Sinha
Customer Support
Exotikal Hub Private Limited
Shop No. 26, Radhe Square, Reliance Circle, Kudasan,
Sargasan, Gandhinagar – 382 421
CIN No. U55101GJ2020PTC113026
Email; grievance@uat.exotikalhub.com
Phone – 6300065350
Website- www.exotikalhub.com
Report an Intellectual Property Right Violation
In the event You come across any abuse or violation of these Terms of User Agreement or if You become aware of any objectionable content on the Website, or if You believe Your intellectual property rights have been violated in any manner through the Website, please refer to the Exotikalhub Intellectual Property Violation (SCIPV) available here http://uat.exotikalhub.com/brand-inquiries.
Arbitration
If any dispute arises between You and Exotikalhub.com during Your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Exotikalhub.com. The place of arbitration shall be Gandhinagar, Gujarat, India. The arbitration proceedings shall be in the English Language and shall be governed by Arbitration & Conciliation Act, 1996.
Governing Law
Buyer Protection Policies
We offer 100% Buyer Protection Policy to our customers. Our Brand of trust clearly defines our values, promising the best online shopping experience to our customers. 1.Genuine Products- Merchant guarantees to sell only genuine products to customers through Exotikalhub.com
- Manufacturer’s or Seller’s warranty (wherever applicable)
- Brand new products (except Refurbished & Unboxed Gadgets)
- Customers’ Personal Data is kept Confidential
- All Online Transactions are secured by SSL (Secure Socket Layer)
Shipping Policy
Exotikalhub promises ‘No Anxiety Shipping’ for all the products that you order. We ensure this by bringing together critical elements of shipment such as Packaging, Timely Delivery, Order Status Updates and Support from our trusted Logistics Partners. So once you have placed an order, be rest assured as we will look after everything. Also, timely delivery of the order is our utmost priority however, actual delivery depends upon availability of the product with the merchants, your shipping address, etc. We have collaborated with top Courier and Logistics Partners to assure that you receive your order on time. Each order is usually processed within 48 hours and we update you at every step, i.e. when the order is placed, processed, shipped, and delivered. If you have any questions during the process, feel free to reach our customer support.
How do I track my order?
You can check the status of your order from your Exotikalhub “MyAccount” or from through this link http://uat.exotikalhub.com/my-account/orders/ . We ensure timely communication about your order status via Email / SMS under the following conditions:
- When your order is confirmed / processed / shipped / delivered
- When your order shipment is delayed
How long does it take to deliver the product after it has been dispatched?
Once the order has been dispatched, we will notify you with the estimated delivery date on your registered contact details via Email / SMS along with the tracking number and courier/delivery partner details.
In case a merchant is unable to fulfill the order on time, we will transfer the order to another merchant. If the order still can’t be fulfilled, the same will be cancelled and your refund will be processed.
How much do you charge for shipping the products?
The shipping cost, if applicable, is mentioned on the product page. The amount that you pay while placing the order at Exotikalhub.com would include the product and courier charges. For Cash on Delivery (COD) orders, the amount to be paid is mentioned on the package. It is the same price that is displayed while placing the order. You are not required to pay any extra amount at the time of receiving the COD order. However, some states levy Octroi charges, which we pay to courier/delivery partners. In a rare circumstances, if you may have to pay these, please send us a scanned copy of the receipt and we will refund the amount in the wallet of your account.
My order is out for delivery, but has not reached?
If the status is marked as “OUT FOR DELIVERY”, and is not delivered to you in next 24 hours, kindly check with the courier company or contact us at http://uat.exotikalhub.com/contact/. We will follow up with the courier partner until your order is delivered.
What do I do if my product is delivered at the wrong address?
in case, you discover that the Courier Company has delivered your package to the wrong address, you should immediately contact us at http://uat.exotikalhub.com/contact/. We will follow up with the courier partner and notify you at the earliest possible.
Why is my order not delivered within the expected delivery date?
There could be a delay depending upon your shipping address, merchant’s location, courier services and unfavorable climatic conditions. You can track your shipment from the courier company’s website, using the tracking number sent to you on your registered Email/Contact number. If there’s no update in shipment, please wait for 48 hours. Else get in touch with our customer support team using the below
link: http://uat.exotikalhub.com/contact/
Why have I received partial order?
Since your products may be shipped from different merchants, orders with multiple products and different delivery timelines will be delivered to you separately.
Why does delivery time for the same product vary from seller to seller?
The number of days could vary depending upon your shipping address and seller’s location.
Why is delivery time different for different products?
The delivery time varies depending upon the following factors:
Your shipping address; merchant’s location; size of consignment
I am unable to track my shipment. What should I do?
Courier companies update the tracking number on their website after the shipment is handed over to them. Sometimes it takes up to 48 hours for the tracking number to get updated. However, the shipment is on its way to its destination. If you have recently received the shipment details, we would recommend you to wait and try tracking on the website after some time. If the tracking number is still not updated, please get in touch with us at http://uat.exotikalhub.com/contact/
Can I change the Shipping Address?
You may request for change of address as long as the order is not packed and ready for shipment. You can track the status of your order from Exotikalhub ‘My Account’ section or from http://uat.exotikalhub.com/my-account/orders/.
If the order is not yet ready for dispatch, you can change your shipping address from ‘My Account’ section or contact us
at http://uat.exotikalhub.com/my-account/edit-address/shipping/.
If your current order has already been shipped, you can still update the address in your Exitikalhub Address Book for future orders. To edit an existing address that is saved in your Exotikalhub Account, kindly visit the ‘Address Book’ page and click on ‘Edit’. After you have made the required changes in the Address, click on ‘ save ‘
Does Exotikalhub deliver internationally?
No.
What if courier is not providing home delivery?
You can contact our Customer Support team using the link:http://uat.exotikalhub.com/contact and we will get in touch with the courier service provider to deliver your product
What is RTO?
What happens after an RTO is received by Exotikalhub ?
Cancellation Policy
Exotikalhub ensures that your order is safely delivered to you within the promised delivery timeline. However, if you have ordered a wrong product you may cancel the order through your Exotikalhub Account, prior to its dispatch from the merchant.
If it is Prepaid Order, the amount will be refunded to you in accordance with our Refund Policy. A cancellation request cannot be made after your order is dispatched.
ORDER CANCELLATION BY EXOTIKALHUB
Frequently Asked Questions
How can I cancel my order ?
You can cancel your order if it is not shipped. Please login to your Exotikalhub account for initiating the cancellation & follow the given process: Sign-In -> My Account -> My Orders -> Cancel
Can I modify my order?
Yes, you can modify the following details of your order as long as it has not been ready to dispatch.
Shipping address
Phone no.
Size
Colour
Kindly contact us at http://uat.exotikalhub.com/contact/. write for any modifications.
Can I change quantity of my order?
We recommend you to place a new order for the same product with changed quantity.
Return / Refund Policy
Exotikal Hub right now doesn’t offer any return /refund on items which are edible ones however for non edible items exotikalhub follows the standard policy as below –
What is this Return and Refund Policy?
Terms of Return and Refund.| Product Category | Return Period |
|
|---|---|---|
| FASHION AND LIFESTYLE PRODUCTS | Any apparel, accessories, footwear, etc. | 30 days from the date of delivery – as long as the product is unused and the price tags are intact. |
| TOYS | Various toys | 10 days from the date of delivery – as long as the product is unused and the price tags are intact. |
| PRECIOUS AND FASHION JEWELLERY | Bracelets, Kadas, Chains, Earrings, Rings, Bangles, Necklaces, Traditional Jewellery,Pendants etc | Easy 7 days return, exchange unavailable, as is applicable to the relevant product on the product display page – as long as all the certificates are returned, and the articles are in the original packaging. |
| SAREES AND UNSTITCHED FABRICS | Sarees, Dupattas, Shawls & Wraps, Stoles & Scarves, Dress material, Blouse and Blouse pcs | Easy 7 days return from the date of delivery - as long as the product is unused and the price tags are intact. Sarees with blouse pcs cut off will not be accepted. Dress materials with any parts missing will not be accepted. |
| ACCESSORIES, HOME DECOR, ACCESSORIES IN KITCHEN ITEMS, ARTS AND CRAFTS AND MORE | Creative & Educational, Paintings, Kitchen accessories items, Home decor items including earthen ware, ceramics and mosaic works, arts and crafts etc. | No Returns And Exchange |
| ALL EDIBLE ITEM CONSUMABLE | Dry fruits, Spices, Exotic edible items, Sweets and snacks etc | No Returns And Exchange |
DIRECTLY OR INDIRECTLY | ||
3. It is hereby clarified that in the case of all other products except a mentioned in point no. 2, above, Products may be returned only in case of defects or damages in the Products, incorrect products shipped to the User, missing components and empty sealed packages, and not for any other reason.
4. If the User is dissatisfied with the purchased Product received from Exotikal Hub, or in the event where there are defects and deficiencies in the Product (attributable to, and accepted by Exotikal Hub after due verification at its sole discretion) or in case of late delivery (except in case of force majeure including COVID-19), a User may initiate a request for returning the Product on the Platforms. The User shall initiate such requests for a return not later than: (a) 7 (seven) days from the date on which he/she received the delivery of the Product, in case of Sarees and other unstitched fabrics and of precious and fashion jewellery (b) 10 (ten) days from the date on which he/she received the delivery of the Product, in case of toys, (c) 30 (thirty) days from the date on which he/she received the delivery of the Product, in case of fashion and lifestyle products.
5. The User can only return Non-returnable Products if there are defects and deficiencies in the Product (attributable to, and accepted by Exotikal Hub after due verification at its sole discretion) or if such Non-returnable Products are delivered late (except in case of force majeure including COVID-19). The User shall initiate a request for returning such Non-returnable Products on the Platforms not later than 7 (seven) days from the date of delivery of Product. 6. Subject to the terms of this Cancellation, Return and Refund Policy, Exotikal Hub offers Users an easy return / refund policy. Exotikal Hub also accepts partial returns wherein User can raise a return request for one or all Products except in case of Bundled Packages (as defined hereinafter). The process for initiating the process for raising a return / refund / exchange request is:
7. Please login with your credentials and visit the My Account section.
8. Select the order you want to return and click on “Return/Exchange” and follow the instructions on this page to obtain a Return ID. Kindly email an image of the Product and the invoice for our reference.
9. At the time of creation of this return / refund request, the User shall specify the preferred mode of refund i.e. either the User’s bank or Wallet, if the User had used the cash on delivery mode of payment.
10. The Products will be picked up within the timelines intimated by Exotikal Hub.
11. Exotikal Hub will initiate the refund or replacement process only if the Products are received in accordance with the Cancellation, Return and Refund Policy.
12. On certain select days as specified by Exotikal Hub separate policies may be applicable.
13. While raising a request for return on the Platforms, the User shall have the option to seek a refund of the monies paid by him/her towards the purchase of the Product. The User will be required to produce a copy of the original invoice at the time of placing a request for return of Products. The User shall ensure that the Product(s) being returned comply with the conditions set out under this Cancellation, Return and Refund Policy and are, among other conditions, unused, unwashed, with price tags intact, all packaging material undamaged and unused. Such returned Product(s) should not carry stains, sweat, detergent, or body odour. Exotikal Hub reserves the right to alter and enforce this Cancellation, Return and Refund Policy at any time without having to serve a prior notice on the User. However, Exotikal Hub will notify the Users of any change in the Cancellation, Return and Refund Policy by posting a notice on the homepage of the Platform.
15. Return of or refund for purchased Products shall not be entertained by Exotikal Hub if:
15.2. the Product has been washed;
15.3. the price tags, brand tags, box, original packaging material, and accompanying accessories have been damaged or discarded by the User;
15.4. the serial number/IMEI number/bar code of the Product, as applicable, does not match Exotikal Hub’s records;
15.5. the accessories delivered with the Product (such as user manuals, etc) are not returned along with the Product, in an undamaged condition;
15.6. there are any dents, scratches, tears or any other damage to the Products or any part thereof;
15.7. in the case of precious and fashion jewllery, if the Products sought to be returned are not sealed in the poly jiffy bag provided by Exotikal Hub;
15.8. the gifts accompanying the purchased Product have not been returned, or upon being returned, show signs of being used, washed, or defect;
15.9. in case of precious materials or accessories, if the returned Products are fake or counterfeit or damaged;
15.10. Exotikal Hub is satisfied that the Product has been rendered defective or unusable; or
15.11. if the User in any way breaches the Cancellation, Return and Refund Policy
15.12. In the event a User returns a Product that is not accompanied by the accessories, gifts or other items originally bundled with such Product, Exotikal Hub shall have the right, exercisable at its sole discretion, to (i) (a) refuse to accept the return of such Product, or (b) process any refund thereof, or (ii) deduct the amount payable in respect of such items from the amount of refund such User is entitled to.
15.13. Exotikal Hub shall initiate a process of refund of the monies paid by the User towards purchase of a Product, if upon conducting quality checks, it is satisfied that the Product being returned entitles the User to a refund. It is further clarified that Exotikal Hub shall not be required to make any refund or return the Product that it deems ineligible for a refund or return based on such quality checks.
15.14. It is expressly clarified that the refund entitled to by a User shall not include monies paid towards shipping charges or any other such charges applicable from time to time, except in case of a Product having a defect at the time of delivery (for reasons attributable to, and accepted by Exotikal Hub after due verification at its sole discretion).
15.15. Exotikal Hub shall make all reasonable attempts to keep the User apprised of the status of refund through updates shared on the User’s registered mobile number and email address. Exotikal Hub disclaims all liabilities that may arise on account of its failure to keep the User apprised of the status of the refund.
15.16. If the request for refund is undisputed by Exotikal Hub, the refund should reflect in the User’s bank account and/or the User’s Exotikal Hub Wallet within such reasonable time (subject to the policies of the User’s bank in case of bank account/credit card refunds) from the date on which Exotikal Hub initiates the refund.
15.17. Refunds shall be processed by Exotikal Hub through its normal banking channels except in cases where a User had utilised his/her Exotikal Wallet for purchase of Products or opted for the cash on delivery option. Where a User had utilised his/her Exotikal Wallet for payment towards the purchased Products, Exotikal Hub shall process all refunds only into such User’s Exotikal Hub Wallet. Where a User had opted for cash on delivery option for payment towards the purchased Products, Exotikal Hub shall process all refunds into either the User’s Exotikal Hub Wallet or the Users’ valid bank accounts, if details of such accounts are provided by the User to Exotikal Hub at the time of refund. Further, should the User have used more than 1 (one) payment option for the purchase of Products on the Platforms, Exotikal Hub shall process all refunds as Exotikal Hub deems fit, in its sole discretion, to process such refunds. Once the amount is refunded into a User’s Exotikal Hub Wallet, it cannot be further transferred to any other bank account or encashed, and would continue to remain in the User’s Exotikal Hub Wallet until exhausted for shopping on the Platforms. For the purpose of illustration, if a User purchases a Product worth INR 5,000 (Indian Rupees Five thousand) and pays INR 2500 (Indian Rupees Two Thousand Five Hundred) for the purchase of such Product using balances in his/her Exotikal Hub Wallet, and the remaining INR 2500 through his credit card, and such amount is to be refunded pursuant to the refund criteria set out under this Cancellation, Return and Refund Policy being met, then Exotikal Hub may choose to refund, at its sole discretion, INR 2500 (Indian Rupees Two Thousand Five hundred) to such User’s Exotikal Hub Wallet and the remaining INR 2500 (Indian Rupees Two Thousand Five hundred) to the User’s credit card source account, or both the amounts only to such User’s Exotikal Hub Wallet.
4.19. In the event where the User claims to have self-shipped the Product in accordance with the process set out in paragraph
4.18 above and Exotikal Hub does not receive the returned Product or the package containing such Product is empty, the User shall be required to submit the ‘proof of delivery’ received from the courier/postal agency to Exotikal Hub to prove his/her claim of return of Products through self-shipment to Exotikal Hub. It is specifically clarified that any refunds shall be processed by Exotikal Hub only upon it receiving the returned Products and concluding required quality checks or receiving the ‘proof of delivery’ from the User, as the case may be.