Indie Stylery Private Limited (hereinafter referred to as "the Company", "we", "our", or "us"), having its registered office at 76B New Alipore, Block – E, Kolkata - 700053, West Bengal, and operating under the trade name Plakads Apparel, presents the following Terms and Conditions (hereinafter referred to as "T&Cs").
These T&Cs govern all transactions between the Company (CIN: U18209WB2021PTC244328 & GSTIN: 19AAGCI0952C1ZS) and the customer (hereinafter referred to as "the Customer", "you", "your"), for orders placed on the Company's website or through other agreed upon mediums including via E-Mail, Text Messaging services and or any other medium as notified by the company.
1. Definitions and Interpretation
- 1.1 "Goods": Refers to the products manufactured by the Company or its authorised sub-contractors if applicable.
- 1.2 "Order": Refers to a purchase order placed by the Customer for the Goods.
- 1.3 "Force Majeure Event": Includes any act, event, non-happening, omission, or accident beyond our reasonable control, including but not limited to: strikes, lock-outs, or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, pandemic or epidemic, or default of suppliers or subcontractors.
- 1.4 "Point of Contact": Refers to the officer/employee of our company who is coordinating the order with the customer.
- 1.5 "Date of Dispatch": Refers to the date on which the products are delivered from our end, signifying our fulfilment of timely delivery of goods. It is the date on which we make the goods available for pick up by the logistics partners and the date is communicated to the customer.
- 1.6 "Date of Receipt": This refers to the date the customer receives the order. It is the date provided by the logistics partner. In the case the customer arranges for delivery from our location, it is date of pickup + 2 days (if outside Kolkata) and date of pickup if in Kolkata or nearby.
2. Acceptance of Terms
2.1 By placing an Order with the Company, you confirm your agreement to these T&Cs. This agreement signifies your understanding and acceptance that these T&Cs form a legally binding contract between you and the Company.
Implement the selected changes as marked; for information, customers must check the website from time to time for the same.
3. Order Confirmation & Production Timelines
- 3.1 The date of the Order commencement is the date of acceptance of our invoice or the performance of the quotation mail, or payment of advance, whichever is later.
- 3.2 All production timelines are taken from the date of Order commencement.
- 3.3 The timeline for production will be notified by the point of contact during order finalization and can vary based on the size and complexity of the order and our production schedule.
- 3.4 It is our endeavor to ensure customers receive their products timely, and we have multiple internal control systems to ensure that. However, the Company reserves the right to extend production time by up to 20% due to unforeseen production issues. Notice will be provided in such instances.
4. Payment
- 4.1 Payment shall be made by the Customer to the following account:
Bank Name: HDFC Bank, New Alipore Branch
Bank Account Number: 59209830063154
Bank IFSC: HDFC0000040
- 4.2 Payments can be made via Bank Transfer, UPI, Cheque, or Cash (within legal limits and only to the directors of the Company).
- 4.3 Payments via any other method are not accepted and will be treated as outstanding liabilities.
- 4.4 Goods & Service Tax is always above the product prices quoted by the Company and must be paid by the customer as per law.
- 4.5 The payment schedule will be shared with the Customer by the Point of Contact during order finalization, and all payments including dues and advances must be followed as per that.
- 4.6 Delayed payments beyond a reasonable time of 30 days from the due date may result in legal action. Additionally, a penal interest rate of 15% per annum will be charged on any overdue amounts.
- 4.7 Payments and dues to subsidiaries and group companies cannot be set off against one another and need to be maintained separately per account.
5. Returns and Refunds
- 5.1 For samples, no returns or replacements will be provided in any situation.
- 5.2 For all orders, disputes need to be raised within 7 days from the receipt of goods. Beyond this period, no liability whatsoever will be accepted. Clear photos and, if requested, videos must be sent as proof.
- 5.3 No returns for orders will be accepted apart from those due to accepted disputes.
- 5.4 We will bear delivery charges in case of a return.
- 5.5 It is our commitment to be clear and transparent in our production. Refer to Sections 6 and 7 for additional terms regarding products, as disputes outside these terms will not be accepted.
- 5.6 For disputes regarding sizing, color beyond the specified limits, printing position, color, and other details as prescribed in the communications with us, disputes can be raised.
6. Product Specifications
- 6.1 Please note that sizes may vary by 0.5 inches +/- from the size chart due to manual craftsmanship.
- 6.2 Colors shown on the website, brochure, and other media are for display purposes; the actual shade may vary. Customers are encouraged to obtain physical swatches for accurate color matching. Colors may have slight variations in tone, as per industry norms.
- 6.3 GSM (Grams per Square Meter) and Blend Ratios may have a variance of up to 15% as per industry norms. Customers can request certificates and lab reports for claims such as 100% combed and compact cotton. If customers require us to obtain a specific report/certificate, we reserve the right to decide on the same.
- 6.4 For orders involving custom fabrics, order volume can vary by 5-10% +/-. This is due to fabric wastage in dyeing, knitting, and cutting. While this will not change the price per piece as committed, it will alter the invoice value as the order quantity changes.
7. Quality Control and Defects
- 7.1 Goods are manufactured as per the given specifications, adhering to industry norms and standards for quality.
- 7.2 If any defects beyond industry norms are found, you may contact your sales manager or point of contact to communicate your intent for replacement within 7 days of receipt of the goods.
- 7.3 Photos and videos of products are shared at various production levels via the sales team, and production proceeds after express approval. Once approval is received, it cannot be claimed as a dispute.
- 7.4 Customers ordering screen print, embroidery, or custom sizing can request a sample piece beforehand. Only major variations from the approved physical sample will be accepted as disputes, as per industry norms.
8. Modification or Cancellation of Orders
- 8.1 Cancellation or modification of the Order is subject to our discretion if we have not started production.
- 8.2 If production has commenced, we may try to accommodate changes if possible, but it is not guaranteed.
9. Delivery
- 9.1 The Company works with reputed logistics providers to ensure smooth, fast, and secure delivery of the Goods. However, the Company does not take any risk or liability for the Goods in transit, once they have been dispatched.
- 9.2 Upon dispatch, the Company relinquishes all responsibility and liability for the Goods. If the Goods are lost or damaged in transit, the Company will assist in coordinating with the logistics provider by providing necessary details and proofs. However, the Company will not be held accountable for any loss or damage incurred during transit. Transit insurance is advised for high-value goods.
- 9.3 The Company will consider the order fulfilled from the time when we have made the goods available for dispatch, as in ready to be picked up by the logistics partners.
- 9.4 Any delay due to delivery is not our liability.
10. Force Majeure
- 10.1 The Company shall not be held responsible for any failure or delay in fulfilling its obligations due to a Force Majeure Event.
- 10.2 Force Majeure, when applicable, can be used by customers for requesting a delay in payment of outstanding dues but cannot be used for forfeiture of payment after order fulfilment.
11. Dispute Resolution
- 11.1 In the event of a dispute, the Customer and the Company agree to try and resolve the dispute informally through mediation before moving to litigation.
- 11.2 Legal jurisdiction will be Kolkata, West Bengal.
- 11.3 In the event of a dispute, the parties agree to seek resolution through a third-party mediator. The costs for such mediation will be borne equally by both parties, unless otherwise decided by the mediator.
- 11.4 All disputes arising out of or in connection with these T&Cs shall be governed by and construed in accordance with the laws of India.
12. Limitation of Liability
- 12.1 After the Goods are sold and the replacement period of 7 days has elapsed, we bear no liability whatsoever.
- 12.2 During the replacement period, our liability is limited to the invoice value of the goods, up to the amount received from the customer, including any other costs incurred with the order such as delivery and taxes (on actuals).
13. Privacy & Data Protection
- 13.1 For website privacy and digital media presence and website terms, refer to our privacy policy. This policy is separate from the T&Cs outlined here.
- 13.2 We value privacy at Plakads. Your designs, artwork, and all information cited as Intellectual Property (IP) by the customer are protected by us with reasonable care. We will not share, duplicate, or make available any design, artwork, or other information that the customer explicitly requests to be kept private and confidential, except when legally required.
- 13.3 Even when a customer does not mark designs, artwork, or other information as confidential, we do not sell, share, or replicate these for other customers/purposes, apart from samples displayed at our locations or trade fairs, or on digital media for promotion. Upon a customer's request to remove such designs, we shall comply within 15 days.
- 13.4 We maintain all data on our servers and have sufficient access control. However, we will not be liable in case of breach, hacking, or any form of data theft. In such situations, we do not bear any liability for damages.
14. International Orders
- 14.1 For all orders in this category, a separate agreement will be shared. The terms here are for reference only and not the final terms that apply.
15. Intellectual Property Rights
- 15.1 As a contract manufacturer, Indie Stylery Private Limited operates in good faith and assumes that the customer has the necessary rights and permissions for all artwork, labels, and tags provided to us.
- 15.2 The customer shall be responsible for ensuring the accuracy and suitability of all submitted artwork and designs. Indie Stylery Private Limited does not take responsibility for checking artwork for any errors, including but not limited to design and spelling mistakes.
- 15.3 By placing an order, the customer guarantees that they have all the necessary rights, permissions, and consents to use the artwork, labels, and tags provided.
- 15.4 The customer shall indemnify Indie Stylery Private Limited against all damages, losses, costs, expenses (including legal fees), and other liabilities suffered by Indie Stylery Private Limited arising as a result of any claim that the use of the artwork, labels, or tags provided by the customer infringes the intellectual property rights of a third party.
- 15.5 If the Company creates any custom designs or products for the Customer, unless agreed upon separately, the Company retains all rights to these designs. The Customer, however, retains the right to use and sell the products bearing these designs.
16. Lien and Rights in Uncollected Goods
- 16.1 Indie Stylery Private Limited shall have a general lien on all goods and property in its possession, exercisable in respect of all sums lawfully due from the customer to Indie Stylery Private Limited.
- 16.2 If the customer fails to pay any due amount within a period of 90 days from the date of the invoice or as otherwise agreed upon, Indie Stylery Private Limited shall have the right to dispose of such goods or property as it thinks fit and to apply any proceeds towards the amount owed.
- 16.3 In the case of uncollected goods, Indie Stylery Private Limited reserves the right to dispose of, or make use of such goods after a period of 180 days from the date of the invoice or as otherwise agreed upon.
- 16.4 In case of a lien, the protections of privacy and other agreements stand removed, and we reserve the right to settle and sell designs as necessary.
- 16.5 Indie Stylery Private Limited will notify the customer by suitable means regarding the exercise of any such right.
17. Termination
- 17.1 In the event of a breach of these T&Cs by the Company, we will be liable to return any received advance payment to the Customer within 7 days of cancellation. No further liabilities will be attributed to the Company in such an event.
- 17.2 In the event of a breach of these T&Cs by the Customer, the Company reserves the right to invoke a lien, or take legal action for resolution, seeking damages for any incurred losses.
18. Severability
18.1 If any provision of these T&Cs is found by any court or other competent authority to be invalid, unenforceable, or inoperative, the remaining provisions shall not be affected and shall continue in effect.
19. Entire Agreement
19.1 These T&Cs (along with any documents referred to in them) represent the entire agreement between the Company and the Customer, superseding any prior agreements or understandings. However, if there exists any specific agreement between the Company and the Customer, that specific agreement will take precedence in case of any points of disagreement.
20. Waiver
20.1 Any failure by the Company to enforce any provision of these T&Cs shall not constitute a waiver of such provision or the right to enforce it at a later time.
21. Notices
- 21.1 All official communications between the Company and the Customer should be made in writing, through email, registered post, WhatsApp, or SMS. Notices shall be deemed to have been duly given:
- upon receipt, when delivered personally;
- upon confirmation of receipt, when sent by email;
- upon confirmation of receipt, when sent by WhatsApp or SMS; or
- two working days after posting, when sent by registered post.
- 21.2 The Company's contact for notices is: [email protected] and the Company's WhatsApp number. The Customer's contact for notices will be the email address and phone number provided during order placement, unless otherwise specified.
22. Shipping Policy
- 22.1 We work with reputed delivery vendors for both domestic and international shipping. However, we do not guarantee shipment once the goods leave our premises.
- Delivery Timelines: To be confirmed at the time of shipment, usually ranging from 2 days to 2 weeks.
- Transit Insurance is available at the cost of the customer.
The Customer agrees to comply with all applicable laws and regulations related to the use of the Company's products. If any provision of these T&Cs is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of the T&Cs shall remain in full force and effect.
These T&Cs are subject to change and revision without prior notice. By placing an Order with the Company, you agree to abide by the T&Cs in force at the time of your Order. Implement the selected changes as marked; for information, customers must check the website from time to time for the same.
For any questions about these T&Cs, please contact us at [email protected].