Terms of Use

TERMS OF USE

This website: https://rainbowsandhues.com/ (“Website”) is owned and operated by M/s Rainbows And Hues (“Seller”), and has its registered office at 3-4-267/3, Opp. Masjid, Lane besides HP Petrol Pump, Kacheguda X Roads, Hyderabad – 500027. Through the Website, Seller provides users with the facility to search its product collections, find information about its stores, special offers and promotions, and also offers an online retail service for its products, comprising of stationary, art supplies and hand-made products (“Services”).

The terms ‘seller or ‘us’ or ‘we’ refer to the owners of this Website. The term ‘you’ refers to the user or viewer of our Website.

By browsing, viewing, using the Website or the Services provided therein you consent to and agree to comply with these terms and conditions of use (“Terms” or “Terms of Use”). These Terms shall apply, mutatis mutandis, in case you transact with the Seller through any other portal, micro-site or platform operated by or on behalf of the Seller, including its Instagram handle rainbowsandhues.

Seller provides the Services subject to the notices, terms, and conditions set forth in these Terms of Use. In addition, when you avail of any of the Services, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such specific Service, which will be deemed to be incorporated into these Terms of Use by reference. Seller reserves the right to change or modify the Website, the contents thereof and these Terms of Use at any time without any prior intimation to you. All modifications will be posted on the Website and will become effective immediately upon such posting to the Website. Please review these Terms of Use regularly to remain informed of any change.

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THESE TERMS, AS MODIFIED FROM TIME TO TIME. THEREFORE, PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING.

1. Eligibility
   • You will be eligible to use the Services and/or enter into transactions on the Website only if you are competent to contract under the Indian Contract Act, 1872. A person is competent to contract under the Indian Contract Act, 1872, if he/she is above eighteen (18) years of age, is of a sound mind and is not disqualified from contracting by any law to which he/she is subject.
   • Please note that the Services, including online retail services, are available to and directed at users from India. In case you wish to purchase any product provided by Seller through the Website, you will be able to do so only with an Indian credit/debit card or online payment facility and with delivery to an Indian address.
2. Registration
   • You may avail of certain Services on the Website only after registering with the Website. Additionally, you shall have to check the box confirming that you have read and agree to these Terms of Use and the Privacy Policy available at https://rainbowsandhues.com/privacy-policy/
   • The information sought at the time of registration may include your name, phone number, email address, place of residence or such other addresses, where you would want the product delivered. You are expected to provide accurate information in order to best serve Seller’s provision of Services to you.
   • After registering with the Website, you will receive a designated user account and must provide a password for such account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. Seller reserves the right to terminate your user account if it finds that you are in breach of the eligibility criteria set out above or violate any of the Terms set out herein, in its sole and absolute determination.
3. Website Content

This Website is owned and operated by the Seller. All materials, including illustrations, statements, opinions, views, blog posts, photographs, products, images, artwork, designs, text, graphics, logos, button icons, images, audio and video clips and software (collectively “Content”) are protected by copyrights, trademarks and other intellectual property rights that are owned by us or by other parties that have licensed their material to us. Except where otherwise agreed in writing with Seller, material on the Website is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the Seller, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

4. Contributed Content
   • You are responsible for any notes, images, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, videos, audio files or other materials (collectively, “User Content“) posted or transmitted to the Website. You acknowledge that you will not post or transmit to the Website, any User Content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libellous, tortious, hateful; racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable; or invasive of any individual’s rights including but not limited to rights of celebrity, privacy and intellectual property.
   • You agree that any User Content posted by you may be used by Seller, including for the creation of derivative works that might include such User Content, consistent with its Privacy Policy and Terms of Use as mentioned herein and you are not entitled to any payment or other compensation for such use.
5. Orders and Specifications
   • Seller provides an online retail service for its products, and you may select such products which you wish to purchase on the Website by placing an order through the provided channel. Our acceptance of your order is subject to your eligibility to transact on the Website, and registration with the Website. Please note that no order shall be deemed accepted by Seller until we have confirmed it unconditionally through written notification to you on the email address registered by you with our Website (“Order Confirmation”).
   • The Order Confirmation email will contain details of your order, the price and details of the billing and shipping address. In the unlikely event of an error in the Order Confirmation, it is your responsibility to contact us and notify us of such error or mistake with the order as soon as reasonably practicable and in no event after 24 hours from the issue of the Order Confirmation. Failure to do so may lead to the incorrect order being sent out to you.
   • Please be aware that all products offered for sale on the Website are subject to availability. As the Seller, we endeavour to display and describe as accurately as possible the printed colours on the products which appear on the Website, but we cannot undertake to give any assurance that the colours supplied will exactly match those displayed on your monitor or mobile telephone.
6. Pricing Information

Seller strives to provide accurate information with regard to the prices of its products on the Website, however pricing errors or typographical errors may occur. With respect to the online retail store, the prices of the products you order will be confirmed only after you have placed the order. All the prices are in Indian Rupees and are subject to change at Seller’s discretion.

7. Payment

All payments made for products offered for sale on the Website shall be through a third party payment gateway accessible from the Website. In using the third party payment gateway you shall be subject to the terms of service and privacy policy of such service provider. Seller in no way takes responsibility or liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of your interactions with the payment gateway or your inability to process a payment.

8. Shipping and Delivery
   • As stated above, Seller shall deliver its products only to places within the territory of India. You must provide an accurate address for the place at which you wish to receive the products you ordered and delivery charges shall be levied as applicable.
   • Seller endeavours to process your order and ensure delivery within the time period stated for each item in the Order Confirmation. However, availability and/or manufacturing times may vary and any time period quoted for the delivery of products is indicative only. Time for delivery shall not be of the essence to these Terms and/or the service order and Seller will not be liable for any loss or expenses which you may sustain as a result of any delay in the delivery of your order.
   • Seller reserves the right to make delivery of your order by instalments. If the order is to be delivered in instalments, each delivery will constitute a separate contract.
   • Please note that if you fail to take delivery of the order without due cause, Seller shall be under no obligation to refund the price paid for such Products.
   • You hereby acknowledge and agree that Seller shall not be responsible for failure of delivery due to incorrect personal details provided by you.
   • Please be aware that while we make every effort to have your order of Products delivered to you, in the unlikely scenario that the order is unable to be delivered, our support staff will notify you over the email registered with your account that the courier company was unable to deliver the order of Product(s), and the reason which we receive from them as mentioned. Once we receive your response, we will forward it to the courier firm so that delivery of your order may be attempted again.
   • If you do not respond within a day, we will reattempt delivery of your order twice, on two consecutive days, at the provided address, and in case delivery remains incomplete after both the attempts, the Product(s) forming part of such order will be returned to our warehouse and you will be informed of such return over the email registered with your account. In case the package is returned to us after both the delivery attempts, we will be able to offer a refund after deduction of costs, amounting to Rs.200, incurred in attempting delivery (including courier charges for delivery attempts and return to our warehouse), fees for refund (including merchant discount rate charged on your transaction) and other expenses incurred in relation to your order and attempted delivery. The refund amount, post deduction, would reflect as a store credit in your Rainbows And Hues Account. No monetary refunds are facilitated.
   • On delivery, it is your responsibility to inspect the products you ordered for any defects or non-conformity before accepting the delivery. Your acceptance of the delivery shall be deemed to certify that the purchased products have been received in good condition. If the delivery is signed by you or on your behalf, you are deemed to have received the purchased products in an acceptable condition. Further, any and all packages not signed for but accepted are considered to be purchased products received in good condition.
9. Exchange and Cancellation
   • Once your order has been confirmed through issuance of an Order Confirmation, anychanges to the existing details in the order, such as quantity, delivery address or phone number can be facilitated only within 12 hours of placing the order. Post that there can be no cancellation of or modification to the order. Details regarding this are placed at https://rainbowsandhues.com/exchange-policy/ and https://rainbowsandhues.com/faq/
   • Request for RETURN shall not be entertained under any circumstances. An exchange/ store credit may be offered only if the Products received are in a damaged condition or if an incorrect Product is received. You are responsible for notifying us of any damaged or incorrect Product received within 48 hours of delivery, failing which delivery shall be considered complete and no exchange/ store credit shall be entertained.
   • In case you receive the Product in a damaged condition, or receive a Product that differs in utility from the Product ordered, please notify us through email and provide us a written description about the alleged damaged or incorrectly delivered Product, along with an unboxing video and relevant photos.
   • Upon our satisfaction that the Product delivered is damaged or incorrect, a choice of exchange or store credit, not exceeding the amount paid by you for the said product/s, and inclusive of the shipping fee (if levied by us at the time of you placing the order), would be offered to you.
   • In case of an exchange request of the product in the scenario of an incorrect product being received, you can ship the product back to our address and we will process your request once received. Alternately, in case you want us to arrange for reverse pick up, that can be arranged too. However, this takes a minimum of 3-5 working daysafter placing the request.
   • Product/s which fail quality check will not be eligible under our exchange policy. In such cases, the same product/s will be sent back to you.
   • Please understand that the products are stationery and art supplies and accordingly there may be cosmetic differences between the Product as displayed on the monitor of your device and the Product delivered to you, and therefore any cosmetic differences from the Product as displayed on the Website shall not be treated as damaged or incorrect Products, and no request for exchange shall be accepted in relation to the same.
   • The detailed policy as also the FAQs regarding this are placed at https://rainbowsandhues.com/exchange-policy/ and https://rainbowsandhues.com/faq/

10. Warranty and Liability Disclaimer
    • Seller constantly endeavours to improve the quality of Services provided to you. Due to this, the form and nature of Services provided may change from time to time without any prior notice to you. Seller reserves the right to introduce and initiate new features, functionalities, components to the Website and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. Further, Seller is entitled to discontinue (either permanently or temporarily) one or more of the Services provided or terminate the Website without any prior notice to you. Seller may also prescribe certain limits on the use of the Website and/or Services or storage of Content at its sole discretion without any prior notice to you while at all times complying with Seller’s Privacy Policy. In consideration for Seller granting you access to and use of the Website and Services, you agree that Seller and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services, whether submitted by them or others.
    • The Website, all the materials and services, included on or otherwise made available to you through this Website are each provided by Seller on an “as is” and “as available” basis without any representations or warranties, express or implied, except otherwise specified in writing. Without prejudice to the foregoing paragraph, Seller does not warrant that

• This Website will be constantly available, or available at all; or
• The information on this Website is complete, true, accurate or not misleading.
  • Seller, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. Seller makes no warranties about the accuracy, reliability, completeness, or timeliness of the content, services, software, text, graphics and links.
  • Seller does not warrant that this Website; information, content, materials, or Services included on or otherwise made available to you through this Website; the servers hosting the Website; or electronic communication sent from Seller are free of viruses or other harmful components.
  • Nothing on this Website constitutes, or is meant to constitute, advice of any kind.
  • This Website may contain Content provided by third parties including other users. Such Content is solely that of the authors/contributors/posters and not endorsed in any manner by Seller. Seller shall not be responsible for or liable in any manner whatsoever for the Content provided by such authors/contributors/posters in any section of this Website. Further, the accuracy of the Content has not been verified by Seller and we provide no warranties of the same. If you seek to rely on any representation of information contained on this Website, any such reliance shall be at your own risk.
  • The Seller uses the services of third-party service providers for the purpose of enabling payment processing on your orders and to complete the shipping of your Product orders, and shall not be responsible or liable in any way for the conduct of such third party service providers. Where you enter into a transaction involving such third party service providers through the Website, you will be subject to the terms and conditions applied by such third party service providers, which are not endorsed in any manner by the Seller and you are responsible for reading, accepting and making your enquiries in relation to such terms and conditions.

11. Accuracy of Information

The information presented on this Website has been compiled by Seller in good faith. The Website, Content and User Content, despite the best efforts of Seller, may contain inaccuracies or typographical errors. Seller makes no representations about the accuracy, reliability, completeness, or timelines of the Website, the Content or User Content. The use of the Website, Content and User Content is at your own risk. Seller reserves the right to make changes to the Content, User Content and information on this Website, or to the services described therein, or update such information at any time without notice, but Seller makes no commitment to correct or update this information.

12. Indemnification

You represent, warrant and covenant (a) that you will fulfil your obligations hereunder these Terms in good faith; (b) that no materials of any kind provided by you will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libellous or otherwise unlawful material; and (c) You hereby indemnify, defend and hold harmless Seller and all of their officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defence of any such claim. Seller reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.

13. Termination

Seller retains the right to deny access to the Website and/or the Services to anyone who it believes has violated any of these Terms of Use or does not accept these Terms of Use.

14. Infringement Notification
    • If you believe in good faith that any Content, User Content or material posted or otherwise made accessible on this Website, violates these terms and conditions, or is prohibited or restricted by applicable laws, rules and regulations, please compile the following information and email it to Seller at info@rainbowsandhues.com, and which email shall contain the following information:

• A clear identification of the allegedly prohibited/unlawful material on the Website;
• Your contact details: name, address, e-mail address and phone number;
• In case of an alleged violation of proprietary rights (including copyright, trade-mark or privacy rights): a statement that you believe, in good faith, that the use of the proprietary material allegedly infringed on the website is not authorized by you or your agent or the law;
• A statement that you believe, in good faith, that such material is prohibited/unlawful/abusive;
• A statement that the information provided in the notice is accurate, and under penalty of perjury and that the signatory is authorized to act on your behalf.
  • The email notification provided by you hereunder shall be executed by your electronic signature or the electronic signature of the person directly affected by the violation of these Terms by the Website Content.

15. Grievance Redressal and Disclosures
    • In compliance with the Consumer Protection (E-Commerce) Rules, 2019 (as amended from time to time) and other applicable laws, the Seller hereby makes the following disclosures:

• The e-commerce services is offered by the Seller through the Website: https://rainbowsandhues.com/, and associated Instagram handle (@rainbowsandhues).
• The Seller’s GST-IN registration is: 36CCWPM8640N1ZJ
• The Seller’s headquarters/principal office is located at: Hyderabad
• There are no branches at present.
  • In case you have any grievance in relation to our Services or Products or in relation to the security of your account (including your password), please contact our customer care:
• Grievance Officer: Bhakti Motta
• Grievance Officer Email: bhaktimotta@rainbowsandhues.com
• Customer Care Email: info@rainbowsandhues.com

16. Applicable Law

This Website, including the Content and User Content and information contained herein, shall be governed by the laws of the Republic of India, and the courts of Hyderabad, India shall retain exclusive jurisdiction to entertain any proceedings in relation to any disputes arising out of the same. As such, the laws of India shall govern the disclaimer, legal notices, privacy policy, order form and any transaction completed using this Website.