The following is the terms of the agreement between HAMALSTAR (“Company”) and the buyer (“Buyer”) of goods or services through the Company’s Website (www.hamalstar.com
the “Site”). These terms and conditions ('the Terms') govern the users ('you' or 'your') use of the website www.hamalstar.com
('the Website') and your relationship with M/s. HAMALSTAR whose registered office is at VP-III/439, Arackapady, Vengola P.O, Pin-683556, Eranakulam (Dist), Kerala, INDIA ('we', 'our' or 'us').
Please read these carefully as they affect your rights and liabilities as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000. If you do not agree to these Terms and Conditions, please do not access nor use this Website. If you have any enquiries regarding these Terms and Conditions then please Email Us! M/s. Hamalstar is registered organization under the applicable laws in INDIA and following the rules and regulations of Central, State Governments and local bodies. This website (www.hamalstar.com
) is running as an online portal for the sales and promotions of M/s. Hamalstar's products and services.
1. DEFINITIONS AND UNDERSTANDINGS
1.1 In these terms and conditions:
• Reference to “we”, “our”, or “us” is a reference to M/s. Hamalstar
• Reference to “you” or “your” is to the purchaser/buyer of the Goods from us.
• Reference to “Goods” means the garments or any other items purchased by you from us.
• Reference to “The Terms” means these terms and conditions.
• Reference to “Contract” or “Agreement” means the contract/agreement between us for the sale and purchase of the Goods which incorporated in these Terms & Conditions.
1.2 These Terms and conditions are the only terms and conditions on which we contract for the sale of Goods and they form an integral part of the Contract between us. If we agree to vary any of the term(s), the variations must be in writing and confirmed by our duly authorized representative and by you.
1.3 Amendments We reserve the right to:
• Update these terms and conditions from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes if any. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new terms and conditions, you should not continue to use the Website. If you continue to use the Website after the date on which the changes come into its effect, your use of the Website indicates your agreement to be bound by the new terms and conditions.
• Modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.
You permit that:
• Your personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and
• You are not impersonate any other person or entity The goods/service purchased thru this site is for your private use only. You will have to be notified us immediately of any changes in your personal information by Email to our customer service representatives (this required any order is in process).
3. ELIGIBILITY TO PURCHASE
To entitled to purchase goods on this Website and lawfully enter into and form contracts on this Website under Indian law you must:
• if an individual, be 18 years of age or over; and
• Register your real name, address, phone number, e-mail address any other details if requested (like id proof). By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorize us to communicate information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.
4. PRICE AND PAYMENT
4.1 All prices are showing in website inclusive of VAT (where applicable) and are correct at the time they are entered on to the system. We reserve the right, however, to change prices at any time without notice to you (price variation not applicable for the purchased/paid items). Orders with a delivery address outside the India may be subjected to import duties and taxes (including VAT, if applicable) which are levied once a delivery reaches the destination country. Any such local additional charges must be borne by you and paid to the shipper at the point of delivery. Please note that customs policies and practices vary widely from country to country. We recommend that you may contact your local customs office for more information.
4.2 The cost of handling and postage/carriage is shown as separately and in-causes of special or overseas orders, that will be quoted by us on request and payable separately from the price of the Goods. If required any bulk order, please Email Us!
4.3 Payment can be made by any major credit or debit card. Additionally we accept the direct bank transfer, Cheque/DD option for payments and you may send email to us for obtain our bank account details. If you use the above any additional methods, upon completion send the transfer details thru mail or cheque/DD along with purchase reference number for the order process. In this regard, all due amount should be debited and cleared from your account before the dispatch of your goods or delivery of the service to you.
4.4 Cash on delivery option available only for Indian destination. In this regard payment mode as cash and must be made to shipper before the receipt of your goods. (Set limit)
a. Please note that when shipping goods outside of the India, international shipments may be subject to inspection and may be opened by customs authorities. In respect of all goods dispatched to you an address outside of the India, you are deemed to be the importer of the goods and must therefore comply with all the laws and regulations of the country into which the goods are being delivered.
b. In the unlikely event that the price shown on the checkout page is wrong, and we found this before accepting your order in accordance with clause 4.1, we are not obligatory to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our website are accurate, but rarely clerical errors may occur. If we found an error in the price of the goods that you have ordered, we will inform you that as soon as possible and give you the choice of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.
c. You confirm that the credit/debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refused to or does not approved the transaction, for any reason, we will not be liable to you for any delay or non-delivery.
d. We permit you to use discount codes (coupon) strictly based on the terms and conditions upon which they were issued, which between other things, may include terms relating to your entitlement to use them and a maximum order value. You may use only one coupon code with each order. We reserve the right to reject or cancel any orders where you add more than one coupon code to the basket.
e. Please aware yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit/debit card has been charged or your bank transfer has been taken effect. If there is any discrepancy between the terms and conditions upon which the coupon codes were issued and these terms and conditions, the discount code terms and conditions prevail. A copy of the discount code terms and conditions can be obtained by Email Us!
5. ORDER GOODS THRUGH ONLINE SHOPPING
5.1 You are permit to us that all information which you are required to provide when ordering Goods online is correct and complete in all respects at the time of the order and that this information relates to you/the person placing the order.
5.2 When an order is made thru our online shop, the order confirmation issued by the company clearing the credit/debit card payment does not found as acceptance of your order by us. We reserve the right to check any discrepancies and an order will only be confirmed when it is verified by us.
5.3 Any inconsistencies in ordering process due to technical or other reasons beyond our control, we will not treat the order as being obligatory on us.
a. All orders are subjected to receipt and availability. If the goods ordered are not available (in rare case), you will be notified by e-mail and you will have the option either wait until the item is available in our stock or to cancel your order.
b. Any orders placed by you will be treated as a pre-offer to purchase of the goods or services from us and we have the right to accept or reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not point to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit/debit card or (ii) dispatch the goods to you or commence the services, whichever is the later.
c. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the lack of negligence on our part we cannot be liable for any loss you may suffer if a third party gains unauthorized access to any data provided by you when accessing or ordering from the website.
d. You are limited to a purchase of 7 items of any one similar product. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.
e. You will undertake the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you stated.
6.1 We will give a tentative delivery date for the Goods but no accurate times or dates provided by us are guaranteed (normal cause 7 to 30days).
6.2 We will arrange for packing and we will select the method of delivery either by post, courier or else.
6.3 You must notify us quickly and in any event within 48 hours or receipt of any Goods if they appear to be damaged in transit. In those situations, you must also keep all packaging as it is and this must require when making a claim.
7.1 If you wish to return an item for the following reasons (received a wrong delivery or the item that you have received is not as pictured or described or in case you have received a damaged or faulty item), you should email to us (firstname.lastname@example.org
) and upon receipt of a confirmation mail from us on that, dispatch the items within 4 days from the receipt of the goods. You should make it confirm, if you required an exchange or refund for the item. By exchange, we mean returning an item to receive a different color or size of the same item which is of the same value.
7.2 Most items can be exchanged or refunded for specific reasons within 48 hours notification from the date of delivery, provided that they are in their original condition within the original package, with all the tags and labels attached and inclusive of all original spare parts, accessories and documentation such as manuals. Items that are not returned as described below may not be accepted by us for an exchange or refund (Ref Clause 8.3). In order to receive a full refund (excluding shipping charge collected), you need to return the gift with purchase and/or the bundled/ packaged items. If used any discount code (coupon) on that particular purchase, that discount amount will not be refunded.
7.3 Once your items have been returned to us and it has been inspected and approved (usually within 48 hours of receipt), your refund will be processed within 2 to 3 weeks from the date of authorization. Please allow up to 21 working days before contacting us if you haven't received your refund. Depending on your bank/credit card company, it may take additional 2-7 business days after processing for the credited amount to show in your account. For credit card or debit card purchases, refunds will be credited to the original credit card or debit card account. If we are unable to process your refund due to an expired credit card, then we will notify you by email and arrange for an alternative account to refund. For Cash on Delivery (COD) purchases, refunds will be managed through hamalstar.com Customer Service.
7.4 If you have received a wrong delivery or the item that you have received is not as pictured or described or in case you have received a damaged or faulty item, the return shipping will be free of cost for you.
7.5 In the cause of Goods which are made and supplied as per your specification or which have been personalized or exclusively custom made item, you will not have the right to cancel the Contract.
7.6 Goods should be returned in their original package to ensure they are sufficiently protected in transit (please refer FAQs for packing tips). Original packing boxes should also be protected as they are considered part of the product, and your return will not be accepted if the box is damaged or out of designer’s tags or without manual enclosed.
7.7 Items should be returned in new, unused, and with the Hamalstar’s and designer garment’s tags still attached. Return goods that are damaged or soiled would not accept and may be sent back to the customer. All shoes should be tried on a carpeted surface before wear.
8. FAULTY GOODS
8.1 Goods are classified as faulty if they are received damaged. Please note that items that are damaged as a result of wear and tear are not considered to be faulty.
8.2 If you would like to exchange a faulty item, please be aware that we can only replace it for the same product in the same size, subjected to availability. Where possible, we will offer to repair faulty items.
8.3 The following items are not eligible for return: Some items cannot be exchanged or returned. Gift cards, Bikini bottoms, briefs and underwear, swimwear, Socks & Stocking, Perishable Products, exclusive or custom made products for you, Personalized products, e.g. T-shirts with names and/or personal pictures, Products made to order, Sealed products where the seal has been broken, Worn, damaged or altered items, purchase against gift voucher.
9. LATE RETURNS
9.1 Goods return process start later than of the above time-frames (start within 4 days from the day of our mail confirmation receipt and should be reached within 30 days) will not be accepted.
10. RISK AND OWNERSHIP
10.1 Ownership in all Goods remains with us until full payment of all amounts due to us has been received from you.
10.2 You will be responsible for the safe custody and insurance of all Goods in your custody (if any item reserved for return).
11. WARRANTIES AND LIABILITY
11.1 We permit to you that the Goods ordered by you will meet the description as shown on our website (or any other description given to you in writing).
11.2 We will not have any responsibility for any damage which occurred to the Goods after delivery.
11.3 If any defects in any goods appear within 3 days of delivery, you must inform us as soon as you become aware of the defect, giving us full details. We will then decide, in talk with you, whether the defect is in our accountability. If so, we may arrange either to repair the Goods or to replace them with similar Goods. Any faulty Goods to be returned to us must be returned at your expense.
11.4 We do not accept any concern for accidental damage, any wear and tear or failure by you or by any third party.
11.5 Liability to you for loss or damage under no circumstances must not exceed in the total amount for the particular items that you have paid to us.
12.1 If you wish to provide us any notice relating to a matter covered by these Terms, you must confirm that notice in writing. In the cause of email notices, these should be sent to email@example.com
and you must obtain an acknowledgement of receipt. Notice may send by post, please addressed to M/s. Hamalstar, VP-III/439, Arackapady, Vengola P.O. Pin- 683556, Eranakulam (Dist), Kerala, India.
14. CUSTOMER DEFAULT
• give us any incorrect personal information, or
• fail to make any payment when it is due, or
• cancel any payment, or
• become bankrupt, or
• commit any breach of these Terms, or
• In any of those above events, we have the right to cancel the Contract and recover control of any Goods which have been supplied for which payment has not been received in full.
The Website may only be used for lawful purposes and manner. You agreed to comply with all applicable laws, acts and regulations regarding the Website and its use. You agree not to upload or convey through the Website: • any computer bugs or anything else designed to interfere with, interrupt or disturb the normal operating procedures of a computer or server; and • any material which is defamatory, attacking or of an obscene character
You agree to fully protect, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
17. THIRD PARTY LINKS
As ease to our customers, the website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them. We will not be liable, whether directly or neither indirectly for the privacy practices or content of such websites nor for any damage, loss or offense caused or alleged to be caused in connection with, the use of or confidence on any such advertising, content, products, materials or services available on such external websites or resources.
18. FORCE MAJEURE
We will not have any liability to you if we are prevented from acting any of our obligations on account of any circumstances beyond our reasonable control which includes, but is not limited to, life-threatening weather conditions, act of GOD, terrorism, war, strike or difficulty in finding materials and/or labour. In any of these circumstances we reserve the right to dismiss the Contract.
19.1 Compensation: If any provision in these Terms is held by a court to be unenforceable, that will not affect the remaining provisions of the Terms.
19.2 Entire Agreement: These Terms rule our association with you and in accepting them; you confirm that no other agreement or representation applies.
19.3 Obligation: We reserve the right to assign any of our rights or obligations under the Contract with you to a third party on the basis that the existing contractual terms will become the accountability of that third party. You will not assign your rights without first getting our written permission.
20. INTELLECTUAL PROPERTY
Where the Goods include pattern, designs or works of art, these are prepared by a designer or artist who owns the copyright in those works. You have no right to make any copies or adaptations of any such Goods. (Please refer the page ‘legal notice’ for more details)
21. GOVERNING LAW
These Terms shall be construed and governed by in accordance with the laws of India and any disputes will be decided only by the Indian judiciary.
22.1 If there is a dispute which we cannot settle by direct negotiation, it may be referred to arbitrator if agreed between us. In that event, the negotiation will be conducted in accordance to applicable laws in India
22.2 Any dispute between us will be determined by the jurisdiction of Indian courts and any disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Eranakulam, State of Kerala.
THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
24. PROMOTIONAL CODES
24.1 Only one promotional code can be used for a purchase unless otherwise stated.
24.2 Under no circumstances can the value of a discount code be deducted from an order if the code is defective or out of date.
24.3 When an order is placed using with a promotional code and contains more than one item, the value of the discount is spread over each item.
24.4 Refund of an item purchased using a promotional code will be reduced by the value of the discount attached to it. The discount will not be refunded.