Terms & Conditions

GENERAL TERMS AND CONDITIONS OF PURCHASE AND USE

 This document is an electronic record as contemplated under section 2(t) of the Information Technology Act, 2000 and the rules thereunder.

https://www.sukalp.life (“Website”) is owned and operated by Hair Exquisite ®.

This document (together with the documents mentioned herein) establishes the general terms and conditions that govern the use of the Website (www.sukalp.life) and the purchase of products on it (hereinafter referred to as the "Conditions").  

For the purpose of this document, "User" / "Users" shall mean any person/persons and/or legal entity(ies) who visit(s), uses, deals with and/or transact at the Website in any way.

We urge the Users to read the Conditions, our Privacy Policy (hereinafter, referred to as the “Data Protection Policies”) carefully before using this website. When using this website or placing an order on it, the User is bound by these Conditions and our Data Protection Policies.

Accessing, browsing or otherwise using the website will be construed as User’s unequivocal and irrevocable acceptance and acknowledgement to the Conditions and binding policies hereof. By using this website, the User declares to have carefully read, understood and agree to be bound by these Conditions. Hair Exquisite ® may at its sole discretion allow or disallow access to website and reserves the right to modify any of the Conditions at any time, without prior intimation to the Users. It is the User’s responsibility to read them periodically, as the Conditions at the time of using the website or concluding of the relevant contract shall be those that apply. Continued use of this Website shall constitute Users acceptance of the modified Conditions.

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1. ELIGIBILITY:

User should have completed 18 years of age and be competent to enter into a contract under Indian contract law. If User is under 18 years of age who is intending to avail the services of the Website, should do so through its legal guardian in accordance with applicable laws.
If User is using the Website on behalf of any corporation, company, institution, association or other entity, the User should be authorized by such corporation, company, institution, association or other entity to use and access the Website. Hair Exquisite ® reserves the right to refuse access to use the services offered at the Website to new User or to terminate access granted to existing User/ Users at any time without according any reasons for doing so.

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2. USER ACCOUNT:

User may be required to register and set up an account (“Account”) for using the Website by furnishing all relevant information relating to the User, as sought on the Website. User shall be solely responsible for the confidentiality of its User Id and Password. User shall be solely responsible for the accuracy and correctness of all such details/information given by User during registration. If Hair Exquisite ®  has a reason to doubt the correctness of any details/information furnished by User or in case any information furnished by User is found incorrect, false or misleading then the Company shall be entitled to cancel or suspend the registration of User permanently or for such period as Hair Exquisite ® deems fit. The relevant information or personal details that User provides Hair Exquisite ® shall be processed in accordance with the Data Protection Policies. When the User uses this Website, the User agrees to the processing of the information and details and the User states that all information and details provided are true and correspond to reality. The User can create one Account only and it is not permitted to transfer or interchange such Account to any other person.

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3. USE OF OUR WEBSITE:
When the User uses this Website and places order through it, the User agrees to the following:

To use this Website to make enquiries and legally valid orders only
To refrain from making any false or fraudulent orders. In the event if an order of this type may reasonably be considered to have been placed, Hair Exquisite ® shall be authorised to cancel it and inform the competent authorities.
To provide Hair Exquisite ® with the User’s email address, postal address and / or other contact details truthfully and exactly. The User also agrees that Hair Exquisite ® may use this information to contact the User in the context of the User’s order if necessary (Refer the Privacy Policy).

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4. PAYMENT TERMS:
Payment is an integral part of an online shopping experience. All payments shall be collected through secured payment options. User shall be entitled to use a valid credit / debit and/ or any other payment cards, online banking facility to make payment against any transaction being effected at the Website. User undertakes and confirms that he/she would furnish correct, complete and accurate detail of credit / debit and/ or any other payment cards, online banking accounts and shall be solely responsible for any cost, expense, loss and/or damage which may be levied upon the User due to furnishing of wrong detail/ information relating to his/her credit / debit and/ or any other payment cards or online banking accounts.

All payments for purchases made by the User on the Website shall only be in Indian Rupees.  after payment for the order has been successfully received by Hair Exquisite ®, the User will be sent a notification by email at the email address or mobile number provided to Hair Exquisite ® confirming receipt of payment and order.

Credit and Debit Card - Hair Exquisite ® accepts all Visa, Master Card, Maestro, American Express and Diners cards. User will be redirected to User issuing bank's site, where User will have to follow the instruction to complete the payment.

Net Banking - User can make payment for an order by using their Net Banking account. User will be redirected to User bank’s site where the User will be able to make payment after entering in User login id and password that is known only to the User.

Payments can sometimes fail or remain in the pending stage. In the event the User faces any payment related issue, he / she shall try placing the order again or contact their bank or issuer for technical assistance. Hair Exquisite ® is not liable for any loss or inconvenience caused to the User when making payment or for any wrongful debits to the User’s cards or net banking accounts.

Issuing bank terms and conditions - Users understand and acknowledge that all payments made by the Users using valid credit card/ Debit card/ Cash Card/ and other payment instruments or mechanism including net banking facility will be processed using a payment gateway or appropriate payment system infrastructure and the same is governed by a separate set of terms and conditions agreed between the User and the respective Issuing Bank and payment instrument issuing company.

Requirements of Permanent Account Number (PAN) - For all the purchase of an amount equal to or exceeding INR 2,00,000 (INR two lakhs only), the User will be required to upload a copy of its PAN card, within such time as may be prescribed from the date of purchase, failing which, the purchase made by the User will be automatically cancelled. The order shall also stand cancelled if there is a discrepancy between User’s name in the account with Hair Exquisite ® and the name printed on the PAN card.

Invoice will be provided to the User along with the products when delivered.

Pursuant to the prevailing rules and regulations in force, all purchases done through the website are subject to all applicable taxes including but not limited to GST, duties, cesses, etc.

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Cash on Delivery:
i. we do not offer cash on delivery or payment on delivery option , all orders we accept with pre payment only .

ii. Order Confirmation: Your order will be confirmed via email upon successful completion of payment and checkout. Please ensure that the contact information provided is accurate and up to date.

iii. Return Policy: Please refer to our website for Return and Refund policy. contact customer service for details regarding returns and exchanges. No cash refund. Refunds, if any, will be made via electronic payment transfers, details whereof to be provided by the customer.

iv. Modification of Terms: We reserve the right to modify these terms and conditions at any time without prior notice. Any changes will be effective immediately upon posting on our website.

5. DELIVERY:
In case you have received an order delivery confirmation, but that order is not delivered, please raise that complaint within 48hrs.

Shipping Address – User’s shipping address and pin code will be verified with the database of Hair Exquisite ® before User proceeds to pay for its purchase. In the event the order is not serviceable by Hair Exquisite ® logistics service providers, or the area is not covered, Hair Exquisite ® will request the User to provide with an alternate shipping address. The User shall be responsible for accepting and collecting the package from the alternative address, once the said alternative address has been submitted by the User. Confirmation from the logistics service provider of successful delivery to the alternative shipping address is deemed as acceptance of delivery by the User and Hair Exquisite ® will have no liability in this regard.

Hair Exquisite ® will endeavor to send the order consisting of the product(s) listed in each Delivery Confirmation prior to the date indicated in the Delivery Confirmation in question or, if no delivery date is specified specifically for pre order products which are out of stock the delivery time may vary between 30 days to 180 days from placement of order due to the hand made nature of the products.  

Nonetheless, there may be delays for reasons such as the occurrence of unforeseen circumstances or the delivery zone. If for any reason Hair Exquisite ® is unable to comply with the delivery date, Hair Exquisite ® will inform the User of that situation and will give the User the option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid.

Company may choose to deliver the ordered products to the User through the logistics service providers. For the purpose of effecting the delivery, the delivery person may connect with the user before the delivery. Deliveries cannot be rescheduled after the order has been placed. The said logistics service provider will make a maximum of three [3] attempts to deliver the User’s order. In case, the User is not reachable, available or does not accept delivery of products in these attempts, Hair Exquisite ® reserves the right to cancel the order at its discretion. The User may be informed of such cancellation by email the email address  to Hair Exquisite ®. The User agrees not to hold Hair Exquisite ® liable for any cancellation. Shipping charges for such cancelled orders will not be refunded to the buyer .

Title and risk of loss for all products ordered by the User shall pass on to the User upon delivery of the products at the shipping address provided by the User.

Delayed Delivery - Sometimes, delivery may take longer due to climatic issues, natural calamities, disruption in the supply chains, orders / notifications etc. issued by statutory authorities / competent authorities, political disruptions, logistics service provider related challenges, product lost in transit, other unforeseen circumstances or event beyond the control of Hair Exquisite ® or logistics service provider etc.

If the estimated delivery date has passed and the User has still not received their order, please contact us and we will take steps to track the User’s package. We request the Users to check their emails and SMS regularly for such updates.

Hair Exquisite ® will not compensate for any mental agony or inconvenience or loss caused due to delay in delivery for any reason. The User may be informed by email  at the email address provided to Hair Exquisite ® if any product in the order is unavailable or is delayed or lost in transit.

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6. RETURN POLICY:
For any returns accepted by use for whatever reason under than goods damaged in transit , shipping charges for product sent to customer and shipping charges for product being sent back to us will not be reimbursed.

6.1 Non-returnable / Exchangeable Products
All products cannot be returned or exchanged. The list of products that cannot be returned or exchanged include:

• Products under discount and special seasonal offer products .
• Custom products made to order .
• Under Wig caps .
• Wig Storage nets.
• Products that have been used or tampered,
• Products damaged due to misuse of product or products having incidental damages due to malfunctioning,
• Product sold in sets or combination cannot be returned/ exchanged individually,
• End of Season Sale Merchandise

6.2 The said period of return will expire after 4 days from the date of confirmation for NON-EOSS products.

6.4  • POME Return Policy:
- Pome products are not returnable.
- In case of refusal at doorstep, a refund will be processed once we receive the product.
- For manufacturing defects, please contact our customer service team. 
We are committed to provide an effective solution. Please note: Inspect the package before accepting it. Do 
not accept the package if it shows signs of tampering

Conditions for Return:

i) In the event you receive any damaged or defective product or if the product is significantly different from what was purchased, you should notify us within the aforementioned period of 4 days from date of delivery for any kind of item .

ii) Non-EOSS merchandise should be returned unused, in their original packaging along with the original price tags, labels, packing, barcodes, user manual, warranty card and invoices, accessories, freebies and original packaging defined as essentials. If any product is returned without the essentials, the product shall not be accepted for return and shall be sent back to you.

6.4 Your right to return/exchange the products shall apply exclusively to the products that are returned in the same condition in which you received them. No reimbursement will be made if the product has been used, for products that are not in the same condition as when they were delivered or if they have been damaged/ tampered. Please return the products including all their original packaging, instructions, and other documents, if any, accompanying the products. In any case, you must send the product to be returned together with the receipt/ invoice that was received when the product was delivered.

6.5 Quality Check: Before accepting a return, the delivery partner will inspect the product based on the following:

a. EAN Code (Article Number) of the product
b. Category of the product
c. Brand of the product
d. Image of the product
Once the product is verified by the delivery partner, your return will be accepted, and the refund process will be initiated.

6.6 Video Confirmation - All our products are checked , and packed for shipping on a CCTV setup . If you have received and product where the packaging seems torn , soiled or tampered kindly take a video of you opening the product so we can be sure you have received the product we have shipped and there is no tampering .

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8. REFUND POLICY: 

Return of Defective Products Returns of damaged, defective, or other products eligible for return are accepted as under:

8.1 1.If you are unsure or unable to use a product you have purchased from us , we have a section of videos on our website and on youtube to explain the usage of our products . If you are still not able to correctly use the product we will offer a one on one counselling session free of cost via a zoom video call or on a whatsapp video call to help you learn the product's correct use and application . With out completing the video call we cannot accept any products for a return . 

8.1 2.All our products are hand checked before shipping and we do not ship damaged or low quality products , as such if you have decided to return the product for any reason we require you to pay the shipping charges for returning the product to us . Once we receive your product , if the product is in its original condition and has not been used , only then can we issue a refund amount which will be equal to - the amount you have paid us minus the charges we have incurred to ship the product to you in the first place and any other payment gateway or bank charges we have had to incur to accept your payment (usually 2 % of order amount ) ,which means that if you have paid us Rs 100 for an order and we have paid a shipping company Rs 10 to ship the product to you and Rs 2 payment gateway charges  , then we can only refund you Rs 88 of your original payment , the balance amount will be refunded to your original mode of payment withing 5-7 working days after we have received our product back in its original state.

8.1 3.All international orders are shipped via insured courier service and we request you to be patient and allow us to file a insurance claim on your behalf for any products that may be lost or damaged in transit .

8.2 Upon receiving your return request, we shall verify the authenticity and the nature of the request and if the request is genuine, we will arrange for pick-up of the product through an assigned logistic service provider and your refund to be processed upon the receipt and quality check of the returned product. It may take a minimum of 4 to 6 business days to process your request for return of products. You will receive an email notification at your email address provided to us.

8.3 Upon receipt of the returned product by us and successful completion of the quality check, you will receive an email confirmation at the email address provided to us. If a defect or damage is confirmed on the returned products, we will give you a complete refund. The refund will always be paid using the same payment means you used to pay for your purchase.

 

9. LIABILITY - 

 Unless otherwise indicated expressly in these Conditions, our liability regarding any product purchased or received or acquired on our website shall be limited strictly to the price of the said product.
Due to the open nature of this website and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of this website, unless otherwise indicated expressly on this website.
All product descriptions, information and materials shown on this website are provided "as is", with no express or implied warranties on the same, except those legally established. In this sense, if the Users are contracting as a consumer or user, we are obliged to deliver goods that are in conformity with the contract, being liable to the User for any lack of conformity which exists at the time of delivery. It is understood that the goods are in conformity with the contract if they: (i) comply with the description given by us and possess the qualities that we have presented on this website; (ii) are fit for the purposes for which goods of this kind are normally used; (iii) show the quality and performance which are normal in goods of the same type and which can reasonably be expected. To the extent permitted by law, we exclude all warranties, except those that may not be excluded legitimately.
Hair Exquisite ® Limited shall not be responsible for any direct, indirect, consequential, actual, monetary, incidental etc. or any other kind of damages or losses to the customer or user of the products purchased or acquired through this Website, except the refund of the amount of purchase price of the goods/ products purchased or acquired through this Website.

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10. INTELLECTUAL PROPERTY - 
The User recognises and agrees that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the website belong to Hair Exquisite ® at all times or to those who grant Hair Exquisite ® the license for their use. The User may use said material only to the extent that Hair Exquisite ® or the usage licensers authorise expressly. This does not prevent the User from using this website to the extent necessary to copy the information on the User’s order or contact details.

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11. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS -
The User must not make undue use of this Website by intentionally introducing viruses, worms, logic bombs or any other software or technologically damaging or harmful material. The User shall not attempt to make unauthorised access to this Website, the server on which the site is hosted or any server, computer or database related to our Website. The User undertakes not to attack this website through any attack of denial of service or an attack of distributed denial of service. Failure to comply with this Clause shall be considered an infraction as defined under the applicable regulations. We will report any failure to comply with this regulation to the corresponding authorities and we will co-operate with them to determine the identity of the attacker. Likewise, in the event of failure to comply with this Clause, authorisation to use this Website shall be suspended immediately. We shall not be held liable for any damage or harm resulting from a denial of service attack, virus or any other software or technologically damaging or harmful material that may affect the User’s computer, IT equipment, data or materials as a result of using this website or downloading content from the same or those to which this site redirects the User. 

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12. LINKS FROM OUR WEBSITE -
If our website contains links to other websites and third-party materials, said links are provided for information purposes only and we have no control whatever over the content of those websites or materials. Accordingly, we shall not accept any liability for any damage or harm deriving from their use.

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13. FORCE MAJEURE -
Notwithstanding anything contained in these Conditions or elsewhere, Hair Exquisite ® shall not be held responsible for performance of its obligations or for any loss, damage to User if such loss, damage is attributable to a Force Majeure Event. A "Force Majeure Event" means any event that is beyond Hair Exquisite ®  control and anticipation, including, without limitation, fire, flood, explosion, natural calamity, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, terrorist attacks, war, acts of government, lockdowns, pandemic, epidemic, legal or statutory orders, including, orders, notifications, circulars etc. issued by Government/ statutory authorities, court orders, inability to use public or private telecommunication systems, power failure, sabotage, computer hacking, unauthorised access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption or any event which affects the ability of Hair Exquisite ® to fulfil its obligations under these Terms and Conditions.
It shall be understood that our obligations deriving from contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. Notwithstanding anything contained herein, Hair Exquisite ® Limited shall not be responsible or liable to the customer or user for non-delivery or non-refund or for any of its obligations during the Force Majeure Event. However, Hair Exquisite ® would make all reasonable efforts and endeavor to fulfill its obligations or to find a solution that enables us to fulfil its obligations by virtue of the contract despite the situation of Force Majeure. 

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14. INDEMNITY -
The User  agrees to indemnify and hold harmless, Hair Exquisite ® including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners from and against all actions, proceedings, claims, losses, damages and costs (including attorney fees) and other expenses suffered or incurred due to or attributable to or arising out of (i) violation of any applicable law (ii) breach of any representations, warranties or covenants of the User (iii) breach of the policies, guidelines and conditions of Hair Exquisite ® service or Additional terms or these Conditions or Data Protection Policies (including any modifications or additional notifications or instructions); (iv) infringement of any third party rights. This Clause survives the conclusion or cancellation of transaction on the Website or the removal or termination of these Conditions. 

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15. TERMINATION -
Hair Exquisite ® reserves the right to terminate the services provided to any User without prior notice in the event of any default committed by User including but not limited to the breach of any applicable law, policies, guidelines and conditions of Hair Exquisite ® service or additional terms or these Conditions or the Data Protection Policy (including any modifications thereto or additional notifications or instructions).  On such termination, the User’s information and other details shall be black listed by the Website and shall be taken into consideration whenever necessary. Hair Exquisite ® will terminate the services provided to any User if it is required under any applicable law.  Without prejudice, Hair Exquisite ® reserves its right to terminate the services if such provision of services to the users is not economically viable for Hair Exquisite ®. Users may choose to discontinue availing services and facilities provided through the Website by closing the User Account with the Website.
On termination of the User Account, the User is not eligible to purchase products through the Website. Once the User’s Account is terminated for any reason whatsoever, the contents, reviews, comments or other material posted on the Website by the User shall be removed by Hair Exquisite ®.
Post conclusion or cancellation of a transaction or termination of the services provided to the User through the Website, the User’s personal information would reside in the Website’s database for a certain period of time. It is also clarified that certain terms and conditions of the policies, guidelines and conditions of Hair Exquisite ® service or additional terms or these Conditions and the Privacy Policy continue to be binding on the User and if any User by default or otherwise is found using or dealing with the Website post termination of the service provided through the Website, Hair Exquisite ® shall have the right to take appropriate actions against the User. The User shall also be liable to compensate Hair Exquisite ® for any unauthorized use of the Website. 

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16. MISCELLANEOUS:
LOCATION BASED SERVICES – Basis the permission granted by the User in respect of tracking the location, our Website may use the information from Global Positioning System (GPS) networks, cellular, Wi-Fi or Bluetooth to determine the User’s approximate location to provide the User, location based Services.

WAIVING RIGHTS – The lack of requirement on our part for strict compliance on User’s part with any of the obligations assumed by User by virtue of a contract or of these Conditions or a lack of exercising on our part of the rights or actions that correspond to us by virtue of this contract or of the Conditions shall not constitute the waiving or limitation of said rights or actions, nor exonerate the User from fulfilling said obligations. The waiving on our part of a specific right or action shall not constitute the waiving of other rights or actions derived from the contract or from the Conditions. The waiving on our part of any of these Conditions or of the rights or actions derived from the contract shall not take effect unless expressly stipulated that it is a waiving of rights and is formalised and notified to the User. Any delay or waiver of right or remedy by Hair Exquisite ® under these Terms and Conditions shall not constitute a waiver of any other or further rights and remedies and shall not prevent Hair Exquisite ® in exercising those rights and remedies subsequently. Any waiver of rights or remedies by Hair Exquisite ® shall be in writing.

ENTIRE CONTRACT – These Conditions and any document referenced in the same constitute the Entire Contract between the Parties as regards the purpose of the same, replacing any previous pact, agreement or promise made between the Parties verbally or in writing. The Parties acknowledge that we have agreed to enter into the Contract without depending on any declaration or promise made by the other Party or that could have been inferred from any statement or document in the negotiations entered into by the two Parties prior to said Contract, except those expressly mentioned in these Conditions.
Neither Party shall take any action regarding any untrue statement made by the other Party, verbally or in writing, prior to the date of the Contract (unless said untrue statement was made fraudulently). The only action that may be taken by the other Party shall be due to breach of contract in accordance with the provisions of these Conditions.

SEVERABILITY – Each of the provisions in these Conditions are severable and distinct from the others and if at any time one or more such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Conditions shall not in any way be affected or impaired thereby. 

PARTIAL INVALIDITY – If any provision of these Conditions is held to be illegal, invalid, or unenforceable under any present or future applicable Indian law, (i) such provision will be fully severable; (ii) these Conditions will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (iii) the remaining provisions of these Conditions will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.

ASSIGNMENT – The User shall not assign its rights or obligations under these Terms and the Privacy Policy to a third party.
Hair Exquisite ® in its discretion has the right to assign and transfer any or all of its rights, benefits and obligations under these Terms and Conditions or a transaction transacted through the Website, to any person.
Hair Exquisite ® including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall have no liability for the non-receipt of the Website’s service messages and notices.

GOVERNING LAW AND JURISDICTION –
The Terms and Conditions, usage of the Website and Privacy Policy of this agreement shall be governed by Indian law and the courts in Pune shall only have exclusive jurisdiction in the event of any disputes.

GRIEVANCE, COMMENTS, FEEDBACK AND SUGGESTIONS – 

For any grievances the User may write to us. 

Name – Sukalp C Bagde

Contact No. - 9822203542 , WhatsApp - 9922942850 , Email - Ceo@sukalp.life