Filmy Vastra, a company registered in Delhi, India with registered office at Patparganj, Mayur Vihar, 110091, India (“Filmy Vastra”), sells products from the collections identified by the Filmy Vastra trademark directly to its customers on this site www.filmyvastra.com (the “Site”). The sale of the products on the site is subject to the following terms and conditions of sale (the “conditions of Sale”).
2. CONSUMER INFORMATION
2.1. The Products present on the Site are offered for sale only to consumers (“Customer(s)” or “You”), the term “Customer” means any natural person making purchases for purposes which are outside his trade business, craft of profession. Products on the Site may be purchased only by persons aged 15 years and over having reached age of majority. The Products sold on the Site may be purchased and shipped only in India.
2.3. In submitting a purchase order, the Customer accepts and undertakes to observe these Conditions of Sale. Should the Customer not accept any of the conditions indicated in these Conditions of Sale, he/she shall not submit a purchase order for Products on the Site.
3. ORDER PROCEDURE AND ACCEPTANCE
3.1. To purchase one or more Products, the Customer must select the Products, their size and colour (variation). The Products selected for purchase will be added to the Shopping Bag. To be able to save articles in the Shopping Bag to continue shopping at a later time, the Customer must first create an online account and log in to this account at the time of purchase.
3.2. The Customer may modify any information he/she enters during the purchase procedure at any time until the order is confirmed. The Customer will no longer be able to change or cancel the order once it has been sent or shipped.
3.4. Once the order has been sent, Filmy Vastra will send the Customer an e-mail confirming receipt of the order by Filmy vastra and its processing (“Order Confirmation”). The Customers may access the order at any time in the “My account” section on the Site, if he/she has registered, or by contacting our Customer Service department at [email protected].
Please note that Order Confirmation does not constitute acceptance of the Customer’s order by Filmy Vastra. Filmy Vastra will accept the order and debit the amounts due to the Customer’s payment card only once the Products have been shipped. For payments by bank transfer once we receive the Customer’s wire transfer payment, Customer’s order will be processed. Customer will have 7 days to pay by wire transfer, otherwise Filmy Vastra will proceed with the cancellation of the order. At that time, Filmy Vastra will send the Customer another confirmation e-mail indicating that the order has been accepted and that the Products have been sent (“Shipping Confirmation”).
3.5. Filmy Vastra reserves the right to refuse to accept orders placed by the Customer should it consider they fail to meet the requirements for sending a purchase order or to accept orders placed by persons with whom a legal dispute is underway regarding a previous order or for any other legitimate reason, without being required to provide any reason. Filmy Vastra reserves the right to refuse to accept and to refuse to fill orders that appear to have been placed by merchants and/or distributors.
3.6. Every Product offered for sale on the Site will include an image of the Product, its unit price, and available colours and sizes. Product images are provided for information purposes only. Images and colours of the Products for sale on the Site do not necessarily match the actual colours due to the browser and/or monitor used or for other technical reasons. Filmy Vastra cannot be held liable for any inexact graphic representations of the Products shown on its Site for the aforementioned technical reasons.
4.1. Filmy Vastra undertakes to guarantee the availability of all Products offered on its Site. However, under exceptional circumstances, the Products sold by Filmy Vastra on the Site may not be available. Filmy Vastra invites the Customer to check availability of the Products sold on the Site at the time of purchase, by contacting the Customer Service Department at [email protected]
4.2. Should the Products ordered by the Customer be temporarily unavailable (except for pre-orders and orders for Products with limited availability), Filmy Vastra will inform the Customer via SMS/ e-mail by the business day following the order date. The Customer’s debit/ credit card will not be debited if the Products are unavailable. If the amount of the purchase has already been debited, a refund will be credited to the debit/ credit card used to place the order within 14 (fourteen) days. It may be necessary to attend specific bank timing before having visibility of such credit depending on each bank conditions. Filmy Vastra cannot influence bank credit times which are the discretion of each individual financial institution.
4.3. Customers will be notified when orders are sent for pre-orders, orders for Products with reduced availability or orders for articles not available at the time of order, but for which the availability date is clearly stated on the Site. If, under exceptional circumstances, availability times are extended, the Customer will be informed when the Product is available two weeks after the date indicated at the time of order.
5. PRICES AND PAYMENT
5.1. The Prices of the Products available for sale on the Site are expressed in INR (₹) for sales in India.
5.2. All Product Prices might/ might not include VAT. They do not include shipping costs, which are listed separately. Shipping costs depend on the destination and on the delivery method chosen at the time of purchase. Shipping costs and any other applicable tax will be listed on the payment page of the Order Confirmation.
5.3. Filmy Vastra accepts payment by MasterCard, Visa, American Express, Google Pay, PhonePe, Paytm and Bank transfer.
5.4. For Payment by MasterCard, Visa, American Express, Google Pay, PhonePe, Paytm and payment via bank transfer, purchased Products will be sent to the Customer following verification of the Customer’s payment card data and after receipt of debit authorisation from the Customer’s bank. Verification of payment card data may be delayed, but will be done as quickly as possible, and generally takes no more than 24 hours. However, longer times may sometimes be required. The Customer’s payment card will be debited only once the Products have been shipped. If you select to pay by Bank Transfer you will receive an email/ SMS with all the details. You have 7 days to pay, otherwise we will proceed with the cancellation of the order. Once we receive your payment, your order will be processed.
6.1. The Products will be sent to the address provided during the purchase process.
6.2. After sending Shipping Confirmation to the Customer, all purchases will be delivered from Monday to Saturday, excluding local or national public holidays, by the courier service chosen by Filmy Vastra (DHL, Ekart, Fedex, Delhivery, E-com Express, GATI, Xpressbees, Bluedart, Shadowfax, Professional, Wow Express for all states within India) (the “Courier”), based on availability, unless otherwise stated for specific states. Sunday deliveries may be available if offered by the Courier. Sunday delivery conditions will be indicated at the time of of.0fer.
6.3. The Products will be delivered between five and seven business days of Shipping Confirmation for standard delivery, depending on the Customer’s delivery address, city and State, as well as on the delivery method chosen by the Customer at the time of purchase. Filmy Vastra cannot be held liable for unforeseen delays and/or delays attributable exclusively to the Courier. Before sending purchases to the Customer, Filmy Vastra may be required to confirm the Customer’s details with the card issuer for the payment via credit card or Debit Card. Filmy Vastra undertakes to do its utmost to reduce delays as much as possible considering that these transactions generally require no more than 24 hours.
6.4. Should the Customer not receive the Products within 7-10 (seven to ten) business days of receipt of the Shipping Confirmation, he/she should contact Filmy Vastra on +91 828 7223 108. Customers can also contact us by e-mail at [email protected].
6.5. Pre-ordered articles will be shipped as soon as they become available, as indicated on the Site at order placement. The Customer will receive a Shipping Confirmation e-mail as soon as the order has been shipped and delivery will be made within the same amount of time as other orders, depending on the chosen type of delivery.
7. RIGHTS OF WITHDRAWAL
7.1. Customers have the right to withdraw from their purchase contract with Filmy Vastra, with/ without penalty and for any reason, within 7 (seven) business days of receipt of the Products purchased on the Site. Exercise of the right of withdrawal does not grant the Customer the right to exchange purchased Products with other Products.
7.2. To exercise their right of withdrawal, Customers must inform Filmy Vastra of their intention to withdraw from the contract at 8287 223 108 or [email protected]. In this case, the Customer must return the Products in their original “like new” condition to the Returns Centre of Filmy Vastra (indicated in point 7.8 below). All Products purchased online must be returned to the Filmy Vastra Returns Centre. Returns sent to our sales points will not be accepted.
7.3. Customers will be granted refunds provided the Products have not been used or washed, and are in the same condition in which they were delivered, with original tags attached, with all parts and accessories and in original packaging. Should the Customer exercise his/her right of withdrawal for all Products of a single purchase order, all of the Products must be returned in the same shipment at the same time.
7.4. Filmy Vastra reserves the right to check the returned Products and to send back to the Customer any Products it considers fail to meet the requirements indicated in point 7.3 above.
7.5. A full refund will be made to the payment card or to the bank account used for the purchase as soon as possible, and in any case, within 7 (seven) days of the date on which Filmy Vastra initially confirmed receipt of the returned Products sent by the Customer, provided the conditions listed in point 7.3 above are met. In any case, Filmy Vastra will make the refund as soon as the Customer proves the Product has been returned. Should the Customer expressly request a more costly delivery method different from the less costly method generally proposed by Filmy Vstra, Filmy Vastra will be obliged to refund delivery costs only up to the amount the Customer would have paid had he/she accepted the proposed less costly delivery method generally accepted by Filmy Vastra.
7.6. If the returned Products were purchased as a gift, the refund will be made to the person having made payment.
7.7. To return Products to Filmy Vastra, the Customer must contact the Courier to pick up the Products he/she intends to return by Courier from the residence or domicile where the Products are located. The return shipping label provided with the delivered package must be affixed to the outside of the package. The Customer must also ensure that the commercial label and documents for the Products are included in the package and make a copy of the receipt for the return of the Products duly signed by the Courier, keeping it as proof of return. Should the Courier be used to return Products, all shipping costs, including the costs of returning Products to Filmy Vastra, will be borne by the customer.
7.8. Should the Customer choose not to use the Courier, Filmy Vastra recommends the Customer insure the entire value of the returned Product and obtain and retain the shipping receipt and number. In this case, any costs for returning the Products will be borne by the Customer, and Filmy Vastra cannot be held liable for reimbursing the price of the Products sent by the Customer if they are not received by Filmy Vastra due to loss, theft or damage not attributable to Filmy Vastra.
The Products must be returned to:
G-31, R.G. Square Mall
Patparganj, I.P. Extension
8. MODIFICATIONS AND CORRECTIONS TO THE TERMS AND CONDITIONS OF SALE
8.2. Filmy Vastra will do its utmost to ensure the Product prices and information on the Site are accurate and up to date. However, there may occasionally be printing errors, incorrect statements or omissions (“Errors“) regarding the description, price, promotions, sales and Product availability. Filmy Vastra reserves the right, at any time and without notice, to correct the Errors, modify or update information, delete sales containing said Errors and cancel any order at any time prior to shipping.
8.3. The Customer will be informed immediately via SMS/ e-mail by Filmy Vastra (in any case, no more than 24 hours of order cancellation) should the Customer’s payment card be debited for a cancelled order as per point 8.2, and a refund will be made to the Customer’s payment card within 7 (seven) days of order cancellation (the same shall apply for payment via bank transfer).
8.4. Any modifications and/or corrections indicated above apply exclusively to purchase orders sent after the date on which the modification or correction was made by Filmy Vastra.
9. ORDER CONFORMITY
9.1. The Customer must check the Products at the time of delivery to ensure they match the order.
9.2. Any anomalies discovered at the time of delivery, such as damage or tampering with packaging, damage to Products, missing articles, non-compliant Products, defective Products, etc. (“Defects”), may be indicated by the Customer to Filmy Vastra Customer Service Department.
10. FILMY VASTRA LIABILITY
10.1. The Products sold on the Site are sold “based on availability”. Filmy Vastra issues no warranty, condition, commitment or term, whether express or implicit, by contract or any other means, regarding the condition, service, satisfactory quality or fitness for a specific purpose of the Products other than the Product description included in the purchase order.
10.2. Under no circumstances may Filmy Vastra be held liable for damages of any kind such as direct, indirect, incidental or consequential damages caused to the Customer deriving directly or indirectly from:
- The Customer’s use or inability to use the Site
- The Customer’s trust in the information provided on the Site
- Errors, service interruptions, cancellations, file and e-mail damage or corruption, viruses or defects, delays in operation or transmission, communication failures, theft, destruction or unauthorised access to Filmy Vastra data, programs or services
10.3. Notwithstanding points 10.1 and 10.2, nothing in these Conditions of Sale shall exclude or limit the liability of Filmy Vastra to the Customer for cases of fraud, death or personal injury caused by negligence, breach of the terms pursuant to the applicable norms in relation to consumer protection or any other responsibility that cannot be excluded or limited according to applicable law.
11. APPLICABLE LAW AND COMPETENT COURT
11.1. These Conditions of Sale are governed in their entirety by Indian law.
Any disputes regarding the interpretation or performance of these Conditions of Sale will be submitted to the Court of the place in which the Customer, in his/her capacity as consumer, has his/her place of residence.
11.2 Should any of the provisions contained herein be considered invalid, null or inapplicable for any reason whatsoever, said provision shall be considered separate and shall not impact the validity and applicability of the other provisions.
Should the Customer wish to lodge a complaint or require information or assistance regarding the Site or the purchase procedure, he/she may contact the customer service department at [email protected]
Registered office (Delhi, India)