Terms & Conditions

Please read these terms and conditions carefully. These terms & conditions are a binding contract between our Firm, The Sepia Lab and you, if you visit, use, or shop at the site.  

We reserve the right to amend our terms and conditions and policies at any time. The revised version will be effective at the time we post it on the Site, and in the event,  you continue to use our Site, you are impliedly agreeing to the revised terms and conditions and polices expressed herein.

You are required to create an account in order to purchase any product from the Site. This is required so we can provide you with easy access to view your order history and status of purchases. You shall be responsible for protecting the confidentiality of your password.

The User acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Firm, and the Firm shall not be responsible for any data lost while transmitting information on the internet. While it is the Firm’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of the Firm access to the Site may be interrupted, suspended or terminated from time to time.

As a condition of purchase, the Site requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. You can opt out of our promotional emails anytime by clicking the UNSUBSCRIBE link at the bottom of any of our email correspondences. Please see our Privacy Policy for details. We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS/MMS sent to you.

Legal Name of our Firm, Address and URL

THE SEPIA LAB

C-35 SECTOR-4

NOIDA 201301

DITRICT GAUTAM BUDDHA NAGAR

UTTAR PRADESH

INDIA


https://www.pankajandnidhi.com/


Your Account

In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site. If you use the Site, you are responsible for maintaining the confidentiality of your account and password including cases when it is being used by any of your family members, friends or relatives, whether a minor or an adult. You further agree to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account, whether by any family member, friend, relative, any third party or otherwise shall not be entertained by the Firm. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.

Equipment

The User shall be responsible for obtaining and maintaining telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto. The Firm shall not be liable for any damages to the User's equipment resulting from the use of the Site.

Colours

While we have made every effort to display as accurately as possible the colours of the products that appear on the Site, we cannot guarantee that your monitor or screen’s display of any colour will be completely accurate, as computer monitors and screens of electronic devices vary.

Electronic Communications

When You use the Site or send emails or other data, information or communication to us, You agree and understand that You are communicating with us through electronic records and You consent to receive communications via electronic records from us periodically and as and when required. We will communicate with you by email or by an electronic record on our Site which will be deemed adequate service of notice / electronic record.

Cancellation by Us

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or any defect regarding the quality of the product. 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 by us after your credit card has been charged, the said amount will be reversed back in your Card Account.

While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. If a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we may, at our discretion, cancel your order and notify you of such cancellation. We will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation. If we accept your order the same shall be debited to your credit card account. The payment may be processed prior to our dispatch of the product that you have ordered. If we must cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account. No refunds shall be applicable on the orders made by the User under the Cash on Delivery (“COD”) option.

Cancellations by the User

We shall not be able to process a cancellation once the order has been placed. Store credit will be provided against the cancellation of an order at our sole discretion, if the goods have not yet been shipped. To cancel a purchase made, please write to us at studio@pankajnidhi.com or call our customer service desk on +91 98218 54144 between the hours of 11 am and 7 pm , Monday to Saturday ( except National /Public Holidays ).  Cancellation requests should be sent within 12 hours of purchase or we would be unable to entertain any cancellations.

Please note that on any refunds if agreed to by us, an amount of 1.9% will be charged from the total amount in case of Domestic Transactions and an amount of 2.9% will be charged from the total amount in case of International Transactions

 

Fraudulent / Declined Transactions

We may constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing our services fraudulently shall be liable for legal actions under applicable law and we reserve the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.

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 with their bank..

Credit Card Details

You agree, understand and confirm that the credit card details provided by you for availing of services on the Site will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to us. Further the said information will not be utilized and shared by us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.

Limitation of Liability

You understand and agree that the Firm and its affiliates, officers, employees, agents and shareholders shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to damages for loss of profits, opportunity, goodwill, use, data or other tangible losses (even if the Firm has been advised of the possibility of such damages) resulting from use of the site, sale and supply of goods or content and or any related / unrelated services and other offers made from the site from time to time.

Indemnity

You shall to the fullest extent indemnify and hold harmless the Firm, its subsidiaries and affiliates, and their respective officers, directors, shareholders, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.

Billing

In INR, the price of our merchandise is inclusive of the GST. The GST charged shall depend upon the destination where the order must be shipped. The tax rate applied to the order will be the combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. We reserve the right to collect shipping charges wherever applicable.

Further, we may at times be unable to deliver the confirmed order(s) to you and the reason for the same could be inclusive of but not limited to the following:

 

  1. unavailability of the relevant product; 
  2. poor/improper/defective quality of the relevant product ascertained through our quality audit process; and
  3. inaccuracies or errors in product or pricing information. In the event of any circumstance(s) as aforementioned; you shall not be entitled to any damages or monetary compensation.

In the event we are unable to deliver the confirmed order(s) as mentioned here in above and the payment for such order(s) has been made by you through your credit/debit card, the amount paid by you while placing the order(s) on the Site will be reversed back in your card account. No refunds shall be applicable on the orders made by the Users under the Cash on Delivery (“COD”) option.

Trademarks

The trademarks, logos and service marks ("Marks") displayed on the Site are our property. Users are prohibited from using any Marks for any purpose whatsoever without our prior written permission. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.

The Firm owns a copyright in the content. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print / save copyrighted material for the User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of the Firm and the copyright owner is permitted. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with the Firm shall not be deemed to be in the public domain but rather the exclusive property of the Firm.

General

None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and the Firm and you shall have no authority to bind the Firm in any manner whatsoever. Should we need to issue a notice to any user of the site we would send it to the email address you provide to us during the registration process. Notice shall be deemed given 24 hours after email is sent. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

The Firm may terminate this Agreement at any time. Without limiting the foregoing, the Firm shall have the right to immediately terminate any passwords or accounts of the User in the event of any conduct by the User which the Firm, in its sole discretion, considers to be unacceptable, or in the event of any breach by the User of this Agreement. Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement.

Arbitration

If any dispute arises between you and the Firm during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, and the Privacy Policy or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by the Firm. The place of arbitration shall be New Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.