Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("Terms").
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
In these Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website. "Service Providers" mean independent third party service providers, and "we", "us" and "our" shall mean Ujjawal Fireworks, Its affiliates and partners.
User Account, Password, and Security:
You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Fatakaonline.com 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. Fatakaonline.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
Fatakaonline.com provides a number of Internet-based services through the Web Site (all such services, collectively, the "Service"). One such service enables users to purchase original merchandise such as Fireworks.. (collectively, "Products"). Upon placing an order, Fatakaonline.com shall ship the product to you and be entitled to its payment for the Services.
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that Fatakaonline's name is stated as the source and prior written permission of Fatakaonline.com is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
User Conduct and Rules
You agree and undertake to use the Website and the Service 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 using a Service, you will not:
User Warranty and Representation
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by Fatakaonline.com.
Intellectual Property Rights
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Fatakaonline.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Fatakaonline.com without obtaining authorization from Fatakaonline.com.
Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
Links To Third Party Sites
The Website may contain links to other websites ("Linked Sites").The Linked Sites are not under the control of Fatakaonline.com or the Website and Fatakaonline.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Fatakaonline.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Fatakaonline.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Fatakaonline.com or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Disclaimer Of Warranties/Limitation Of Liability
Fatakaonline.com has endeavored to ensure that all the information on the Website is correct, but Fatakaonline.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Fatakaonline.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
You agree to indemnify, defend and hold harmless Fatakaonline.com from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Fatakaonline.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at Fatakaonline.com's discretion.
Title and risk of loss for all products ordered by you shall pass on to you upon Fatakaonline.com's shipment to the shipping carrier.
Fatakaonline.com will make a maximum of two attempts to deliver your order. In case the customer is not reachable or does not accept delivery of products in these attempts Fatakaonline.com reserves the right to cancel the order(s) at its discretion. An estimated delivery time is 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.
Sometimes, delivery may take longer due to
In such cases, we will proactively reach out to you. Please check your emails and SMS regularly for such updates. Also, we will not be able to compensate for any mental agony caused due to delay in delivery. The customer can cancel the order at any moment of time even if the delivery time exceeds the expected delivery time. If it is a prepaid order, the customer will be refunded back in the account as soon as the order is successfully cancelled.
"The Buyer agrees that the title to the goods is transferred to the buyer at the time of placing the Order and dispatch confirmation thereof irrespective of Shipping of Goods which are to be done in due course being a separate chargeable facilities"
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Indore.
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.
Interpretation Of Number And Genders:
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.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Fatakaonline.com does not review the contents in any way before they appear on the Website. Fatakaonline.com does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to email@example.com.
Unauthorized Charges on your card
If you see charges on your credit/debit card for purchases made on Fatakaonline.com, but you never created an account or signed up, please check with your family members or business colleagues authorized to make purchases on your behalf, to confirm that they haven't placed the order. If you're still unable to recognize the charge, please report the unauthorized purchase within 60 days of the transaction to enable Fatakaonline to begin an investigation.
Cancellation of Fraudulent/Loss to business Orders
To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Fatakaonline.com reserves the right to cancel all past, pending and future orders without any liability. Fatakaonline.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 will 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 Card Account. Any promotional voucher used for the cancelled orders may not be refunded.
The customer may be considered fraudulent if any of the following scenarios are met:
The customer may be considered loss to business if any of the following scenarios are met:
Account for the customers falling in fraudulent or loss to business category may be blocked.
Cancellation of Bulk Orders
Fatakaonline.com may cancel any orders that classify as 'Bulk Order' under certain criteria at any stage of the product delivery. An order can be classified as 'Bulk Order' if it meets with the below mentioned criteria, and any additional criteria as defined by Fatakaonline.com:
Any promotional voucher used for placing the 'Bulk Order' may not be refunded
Process for Pilferage Claim
If a customer raises a complaint for partial item/partial order through Customer Care
What we do about mispricings
Despite our best efforts, a small number of the many hundreds of items in our catalogue are mispriced. However, we verify prices as part of our dispatch procedures. If an item's correct price is lower than our stated price, we charge the lower amount and send you the item. If a product's correct price is higher than our stated price, we will cancel your order and notify you of that cancellation. Product Review Guidelines
Product Review Guidelines
It is the customer's responsibility to login earlier if they want to avail better products or styles because Fatakaonline.com sales are "first come, first served". The merchandise is not restocked once sold out. No information regarding the presence of any Product in our stock will be guaranteed and we will alert you only when an item is sold out.
The terms and conditions for such Contest shall be separately available on the Site. In the event of any conflict between these T&C and the terms and conditions pertaining to any Contest, such terms and conditions shall prevail.
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 preset limit mutually agreed by us with our acquiring bank from time to time.