1.            Background:

1.1.            En’Vogue Furnishings India Pvt. Ltd, a company incorporated under Companies Act, 1956 having its registered office at ​Basement, 20, Pusa Road, New Delhi- 110005, India owns and administers the website www.obsessions.co.in (“Site” or “Obsessions” or  “we” or “us”or “our”). We at Obsessions take the privacy of your information seriously.

2.            Brief of the Obsessions’ Privacy Notice and Privacy Policy:

2.1.            This Privacy Notice & Privacy Policy is published in accordance with the Digital Personal Data Protection Act, 2023 and other applicable laws.

2.2.            This privacy notice and privacy policy (“Policy”) are to be read along with, and not in contradiction to, any applicable law and are legally binding documents between you and M/s En’Vogue Furnishings India Private Limited.

2.3.            The terms of this privacy notice and privacy policy will be effective upon your acceptance and will govern the relationship between you and M/s En’Vogue Furnishings India Private Limited for your use of our website: https://obsessions.co.in/.

2.4.            This Policy describes the Data we collect from you through our website, and mobile applications (collectively as “Platforms”). It also describes the purposes for which we collect that digital personal data, the other parties with whom we may share it and the measures we take to protect the security of yourPersonal Data. It also tells you about your rights and choices with respect to your Personal Data, and how you can contact us about our privacy practices.

2.5.            You may at any time withdraw your consent for the collection and use of your information including Personal Data. However, please note that if you withdraw your consent, we may no longer be able to provide you with the corresponding service for which you have withdrawn your consent. It is hereby clarified that your decision to withdraw your consent will not affect the processing of Personal Data based on your previous consent prior to the withdrawal.

2.6.            Please take a moment to familiarize yourself with our Privacy Policy. If you do not agree with any provisions of the Terms or this Privacy Policy, we advise you to not use or access the Platforms.

3.            Applicability:

3.1.            This Policy applies to every person who is a visitor to or a user of our platform.

4.            Definitions: In this Policy, the following definitions are used-

4.1.            Consent Officer: means a person appointed by the Company, who acts as a single point of contact to enable You  to give, manage, review and withdraw your consent through an accessible, transparent and interoperable platform;

4.2.            Cookies: a small file placed on your device by our Platforms when you either visit or use certain features of our Platforms. A cookie generally allows a website to remember your actions or preference for a certain period of time.

4.3.            Data:  means a representation of information, facts, concepts, opinions or instructions in a manner suitable for communication, interpretation or processing by human beings or by automated means and includes non-personal information, personal information and sensitive personal information about you, which either directly or indirectly in combination with other information, could allow you to be identified when you visit our Platforms.

4.4.            Data Processor: means any person who processes personal data on our behalf.

4.5.            Data Protection Laws: any applicable law for the time being in force relating to the processing of Data.

4.6.            Digital Personal Data: means personal data in digital form.

4.7.            Partners: select third parties with whom we have contracts for the businesses described in this Privacy Notice.

4.8.            Person: includes an individual, a Hindu undivided family, a company, a firm, an association of persons or a body of individuals (whether incorporated or not), the State and every artificial juristic person.

4.9.            Personal Data :means any data about an individual who is identifiable by orin relation to such data

4.10.            Processing: in relation to personal data, means a wholly or partly automated operation or set of operations performed on digital personal data, and includes operations such as collection, recording, organization, structuring, storage, adaptation, retrieval, use, alignment or combination, indexing, sharing, disclosure by transmission, dissemination or otherwise making available, restriction, erasure or destruction.

4.11.            Service Providers: includes entities to whom we may disclose your Data in order to process information for a specific purpose pursuant to written contract.

5.            Choice & Consent

5.1.            Your knowledge and consent are required for the collection, use or processing of your personal data and you always have the option to withdraw your consent at any time or choose not to provide the information sought at any given time.

5.2.            Choice: The consent given by you must be free, informed, clear and specific with respect to the purpose identified in this privacy notice. The consent form that is provided to you mentions that consent is voluntary, and that refusal to provide consent/ revoke consent at any time will attract no penalty or loss of benefits to which you shall otherwise be entitled under any scheme or policy provided by Obsessions.

5.3.            Consent: The consent form enables you to make an informed decision regarding data for which you intend to give consent, purpose of usage of data clearly and unambiguously and the duration for which data may be retained. Please note that a fresh consent will be taken in case there is any change in privacy policy, or procedure, or a new purpose is identified other than the one(s) previously identified.

5.4.            Means of obtaining Consent: Your consent may be obtained through the consent form at the instance of using ourwebsite or mobile application electronically or through a consent officer.

5.5.            Types of Consent: Your consent obtained for the collection and processing of personal data may be obtained directly from you or by a person other than you in the following circumstances:

5.5.1.            Consent provided on behalf of a child: The parent or legal guardian can give consent on behalf of a child below the age of 18 years.

5.5.2.            Serious illness or mental incapacitation: Your nominee shall be authorised to give valid consent on your behalf incase of serious illness or mental incapacitation. In case you have not declared a nominee to act on your behalf, then any adult member of your family may provide valid consent on your behalf, only when there is proof of relationship with the data principal.

5.5.3.            Death of Data Principal: In the event of your death, your nominee may have access to your personal data if such access by such person was specifically consented to by you in the consent form.

5.6.            Please note that personal data may be collected, used or disclosed only with the consent of your nominee, parent, or guardian, who has been authorized to provide valid consent on your behalf.

5.7.            You may terminate your account at any time by writing to us at [email protected] from the email ID you have used for creating your account login and mentioning “Please close my Obsessions account in the subject line”. We will disable access to your account within 2 working days of receiving your mail. However, your information may remain stored in the archive on our servers even after the deletion or termination of your account.

5.8.            You can make choices about our collection and use of your Personal Data. You can access, edit or remove your Personal Data on our Platforms through our website or mobile application electronically or through a Consent Officer. Also, when you are asked to provide Personal Data, you may decline.

6.            Purpose of Collecting Data:

6.1.            We may collect, use or process your information including Personal Data for the following purposes:

6.1.1.            For creating and giving you access to your registered account on the Platforms.

6.1.2.            To develop, deliver, process and improve our Products, services, content in order to personalize and improve your experience.

6.1.3.            To inform you about our Products, services, offers, updates, upcoming events, including providing you information in relation to order confirmations, invoices, technical notices, security alerts.

6.1.4.            For internal analytical and research purposes such as auditing, data analysis and research to improve Our Products, services and customer communications.

6.1.5.            To meet any legal or regulatory requirement or comply with a request from any governmental or judicial authority.

6.1.6.            To resolve any request, dispute, grievance or complaint raised by you in relation to your use of the Platforms.

6.1.7.            To detect or monitor any fraudulent or illegal activity on the Platforms

6.1.8.            When you shop with us and request for home delivery of the products, we collect your personal data like your name, full address with zip code, email id and phone number. This information is also shared with our TSPs (Transport Service Provider) for them to be able to deliver your order to your location. We have contracts with them to keep your data secure and are used only for the purpose to provide the defined service.

7.            What Data Do We Collect About You?

7.1.            The data that we collect on our website comes under two general categories:

7.2.            Personally Identifiable Data: This refers to data that lets us know who you are or things specifically about you. This Data may include, without limitation, the following categories-

7.2.1.            Contact information: first and last name, email address, postal address, country, employer, phone number and other similar contact data.

7.2.2.            Transaction information: the date of the transaction, total amount, transaction history and preferences and related details.

7.2.3.            Personal information: Age, sex, date of birth, marital status, nationality, details of government identification documents provided, thumb impression, occupation, or any other personal information provided in product reviews or responses to surveys or questionnaires.

7.2.4.            Your reviews, feedback and opinions about our products, programmes and services.

7.3.            Aggregate Data: This refers to data that does not distinguish you as a particular individual. This data includes website, device and mobile app usage, Internet Protocol (IP) address and similar information collected via automated means, such as cookies, pixels and similar technologies and also includes URL (Uniform Source Locator) of the website that directed you to our site and any search terms you enter on our site. Such information is aggregated by our web server to monitor the activities on the site and evaluate its performance. We may also collect the following information about the pages you visit/access, the links you click on our website, the number of times you access the page,things you view, add to bag, add to wish list. This helps us improve the features and functions on the website to provide you a satisfactory user experience. We might compile, publish, store, collect, promote, disclose or use any Aggregate Data.

7.4.            We do not correlate any Personally Identifiable Data with Aggregate Data. In case we do this, it will be protected as per the terms mentioned for Personally Identifiable Data in this Privacy Policy below.

7.5.            Financial information: Please note that we do not collect your Payment Card details (i.e. credit/debit card number, expiration date, CVV etc.). When you make a purchase using your card, you are automatically redirected to the acquiring bank payment gateway website, where all required transaction details are captured on the secured payment page, and encrypted using Industrial Strength Cipher, and are securely transmitted to your card issuer for obtaining an authorization decision. At no time during the purchase process or thereafter do we have access to, or store, your complete card account information.

8.            How do we collect Data?

8.1.            We collect Data in the following ways:

8.2.            Information You Give Us Pursuant To Consent: We receive, store or process data you enter on our Platforms for the purpose specified in this Privacy Notice when-

8.2.1.            you register with us to purchase products and/or services, directly from us or from sellers listed on our Platforms;

8.2.2.            you conduct a transaction with us or attempt a transaction at on our Platforms;

8.2.3.            you complete surveys conducted by or for us;

8.2.4.            you elect to receive any communications (including promotional offers) from us;

8.2.5.            from the information gathered by your visit to our Platforms;

8.2.6.            If you provide Data on behalf of any corporation, company, institution, association or other entity, you represent that you are providing the same under authority from such corporation, company, institution, association or other entity

8.3.            Automatic Information We Collect:

8.3.1.            We automatically collect some information when you visit our Platforms. This information helps us to make improvements to our content and navigation. The information collected automatically includes your IP address.

8.3.2.            Our web servers or affiliates who provide analytics and performance enhancement services collect IP addresses, operating system details, browsing details, device details and language settings. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. Obsessions uses this information to measure the site usage, improve content and to ensure safety and security, as well enhance performance of our Platforms.We may collect additional information in connection with your participation in any promotions or contests offered by us and information you provide when giving us feedback or completing profile forms. We also monitor customer traffic patterns and website use, which enables us to improve the service we provide. We will collect only such information as is necessary and relevant to us to provide you with the services available on the website.

8.3.3.            We may receive information from public databases, marketing partners, social media platforms, and other outside sources.

8.3.4.            The website contains links to other websites, which could be held under En’Vogue Furnishings India Pvt. Ltd., or otherwise. Websites held under us would follow the same privacy policy as obsessions.co.in. For external links, we are not responsible for the privacy practices of such websites which we do not own, manage or control.

8.3.5.            We may at certain times make chat rooms, forums, instant messenger and message boards and other services available to you. Please understand that any information that is disclosed in these areas becomes public information. We have no control over its use and you should exercise caution when disclosing your personal information to anyone.

8.3.6.            We may collect your Data automatically via Cookies, pixels and similar technologies in line with settings on your browser. For more information about Cookies, please see the section below, titled “Cookies”.

8.4.            E-mail Communications: By accepting the Terms of Use, you also accept to receive news, updates, offers/ campaign related SMS/Email, to the mobile phone number/email address provided by you. You can unsubscribe/ opt-out from receiving marketing/ promotional communications, newsletters and other notifications from us at any time by following the instructions set out in such communications or through theConsent Officer.

8.5.            We may request access or permission to certain features from your  device, including the device’s notification and storage access for the better functionality of the platform. You can change the access or permissions, through your device’s settings.

9.            Minimum Necessary Uses & Disclosures

9.1.            We shall make reasonable efforts to use, disclose, and request only the minimum amount of personal data needed to accomplish the intended purpose of the use, disclosure, or request.

9.2.            We shall not disclose personal data to third parties, except after providing notice and seeking informed consent from the individual for such disclosure.

10.            Disclosure of Information Collected

10.1.            We may from time to time be required to disclose the information collected from you to our trusted third party service providers who assist us in order to facilitate the provision of services and purchase of Products on the Platforms. For instance, we may share your information with third party payment gateway providers to process transactions on the Platforms. By using the Platforms, you consent to any such disclosure of your information with third party service providers. We ensure that such third party service providers are bound by contracts having confidentiality obligations and/ or use, maintain and follow legally accepted industry and security standards with respect to such information.

10.2.            We do not share or rent your information with third parties except our agents and alliance partners.

10.3.            Agents: We use the services of our enabling partners such as outside shipping companies, resellers, business associates to fulfill orders, and credit / debit card processing companies to process the payment for goods and services ordered from Obsessions.co.in website. These entities do not retain, store, share or use personally identifiable information for any other purposes.

10.4.            Alliance partners: We will share your information with our alliance partners who work with us or on our behalf to help provide you the services. An alliance partner is a company or an individual who owns and manages (wholly or part of) online content on their websites powered by www.obsessions.co.in.

10.5.            We share email addresses with agents and Alliance partners. The agents and Alliance partners use the email address to confirm the deliveries, send notices and offer services related to the service.

10.6.            We do not rent, sell or share your personal information and we will not disclose any of your personally identifiable information to any other third parties unless:

10.6.1.            Required by special circumstances such as compliance with court orders, requests/order from legal authorities or law enforcement agencies requiring such disclosure;

10.6.2.            To help investigate, prevent or take action regarding unlawful and illegal activities, suspected fraud, potential threat to the safety or security of any person, violations of Obsessions.co.in terms of use or to defend against legal claims;

10.6.3.            We have your permission;

10.6.4.            To provide products or services you have requested.

10.7.            We reserve the right to disclose your personal identifiable and email address information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our websites.

10.8.            We share your information with advertisers on an aggregate basis only.

10.9.            We may also disclose your information when such disclosure is requisitioned under any law or judicial decree or when we, in our sole discretion, deem it necessary in order to protect our rights or the rights of other Users, to prevent harm to persons or property, to fight fraud and credit risk.

10.10.            We may also disclose or transfer your information to any third party as a part of reorganization or a sale of the assets, division or transfer of a part or whole of us. You will have the opportunity to opt out of any such transfer if the new entity's planned processing of your information differs materially from that set forth in this Privacy Policy.

10.11.            A third party payment gateway provider may be required to collect certain financial information from you including, but not restricted to, your credit/debit card number or your bank account details (collectively referred to as “Financial Information”). All Financial Information collected from you by such third party payment gateway providers will be used only for billing and payment processes. The Financial Information collected from you is transacted through secure digital platforms of approved payment gateways which are under encryption, thereby complying with reasonably expected technology standards. The verification of the Financial Information shall be accomplished only by you through a process of authentication in which we shall have no role to play and hence, we shall bear no liability in relation to the same. We shall neither be liable nor responsible for any actions or inactions of third party payment gateway providers or any breach of conditions, representations and warranties given by them. We shall also not be obligated to mediate or resolve any dispute or disagreement between you and such third party payment service providers.

10.12.            While we take best efforts to ensure that your information including Personal Data is duly protected by undertaking reasonable security measures as prescribed under applicable laws, you are strongly advised to exercise reasonable discretion while providing Personal Data while using the services given that the Internet is susceptible to security breaches.

11.            Security

11.1.            The security of your Personal Information is important to us. We have implemented security policies, rules and technical measures, as required under applicable law including firewalls, transport layer security and other physical and electronic security measures to protect the Personal Information that it has under its control from unauthorized access, improper use or disclosure, unauthorized modification and unlawful destruction or accidental loss. When you submit your information on the Platforms, your information is protected through our security systems. Please note that we use international and industry-recognized standards such as per applicable laws, rules and regulations.

11.2.            Your information is contained within secured networks and is only accessible by a limited number of authorized persons who have access rights to such systems or otherwise require such information for the purposes provided in this Privacy Policy. These authorized persons are also under an obligation to keep such information confidential.

11.3.            Although we make best possible efforts to transmit and store all the information provided by you in a secure operating environment that is not open to the public, you understand and acknowledge that there is no such thing as complete security and we do not guarantee that there will be no unintended disclosures of any information and potential security breaches. You agree not to hold us responsible for any breach of security or for any action of any third parties that receive your Personal Data or events that are beyond our reasonable control including, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, technical glitches, breach of security and encryption, etc.

12.            Cookies Policy:

12.1.            Due to the communications standards on the Internet, when you visit, access or browse the Platforms, we automatically receive the uniform resource locator of the site from which such you visit, access or browse the Platforms, details of the website you visit on leaving the Platforms, the internet protocol (“IP”) address of each User’s computer operating system, type of web browser the User is using, email patterns, and the name of the User’s internet service provider. This information is used solely to analyze overall User trends and to help us improve our services. Please note that the link between the User’s IP address and the User’s personally identifiable information is not shared with third parties without such User’s permission or except when required by law or to provide or facilitate the User with the services.

12.2.            The amount of information sent to us depends on the settings of the web browser used by the User to access the Platforms. The User may refer to the browser used, if the User wishes to learn what information is provided to us.

12.3.            We use both session ID cookies and persistent cookies. We use session cookies to make it easier and secure for you to navigate our website. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browsers help file. Reference for cookies can be found at http://www.cookiecentral.com/.

12.4.            We use session cookies to store the secure session and browsing preferences of the user. We set a persistent cookie to store your username and interests, so you do not have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our website.

12.5.            You understand that you may set or amend your web browsers to delete or disable cookies. If you choose to disable cookies on your computer or mobile telecommunication device, it may impair, degrade or restrict access to certain areas of the Platforms.

12.6.            We may allow other companies or entities to serve advertisements to you. These companies or entities include third party advertisement servers, advertisement agencies, advertisement technology vendors and research firms. We may target some advertisements to you that fit a certain general profile. We do not use Personal Information to target advertisements to you. In the course of serving advertisements or optimizing the services to its Users, we may allow authorised third parties to place or recognize a unique cookie on the User’s browser.

12.7.            You agree and understand that we do not exercise control over third party websites displayed as search results or links on the Platforms. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from their Users, on which we have no control and shall not be held responsible or liable. We do not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor do we guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by us of such websites, the websites’ provider, or the information on the website.

12.8.            We may keep records of telephone calls received from and made to Users for the purpose of administration of services, research and development, training, business intelligence, business development, or for User administration. We may share such telephone records with third parties when required by law or when required to provide or facilitate the User with the services.

12.9.            If you reject cookies, you may still use our website, but your ability to use some areas of our website, will be limited. Cookies are used in the shopping bag to enable enhanced security and to ensure there is no URL based spamming.

12.10.            Unless you voluntarily identify yourself (through registration, for example), we will have no way of knowing who you are, even if we assign a cookie to your computer. The only personal information a cookie can contain is information you supply (an example of this is when transact as a guest or add items to shopping bag). A cookie cannot read data off your hard drive.

12.11.            Some of our business partners (e.g., advertisers) set cookies while delivering banners on our website. We have no access to or control over these cookies.

12.12.            This privacy statement covers the use of cookies by Obsessions.co.in only and does not cover the use of cookies by any advertisers.

12.13.            We do use cookies on point of collection pages of email address, but we do not use them in emails.

12.14.            Our web servers automatically collect limited information about your computer connection to the Internet, including your IP address, when you visit our website. (Your IP address is a number that lets computers attached to the Internet know where to send you data — such as the web pages you view.) Your IP address does not identify you personally. We use this information to deliver our web pages to you upon request, to tailor our website to the interests of our customers, to measure traffic within our website and let advertisers know the geographic locations from where our visitors come.

13.            Retention of information

13.1.            We will retain your data for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted under the applicable law.

14.            Modification

14.1.            We reserve the right to amend this Privacy Notice & Privacy Policy at any time. The Policy, as and when modified, shall be updated on the Platforms and you shall again be requested to provide your consent for collection, use or processing of your data. We encourage you to review this Privacy Policy whenever you visit our Platforms to understand how your Personal Data is used.

15.            Grievance Redressal & Consent Management

15.1.            In case, you have any questions, grievance or complaints about this Privacy Notice & Privacy Policy, or the Platforms, you may contact our grievance officer on the below mentioned details:

15.2.            In case, you would like to obtain a copy of your personal data with us, or if you would like to ask us to access, correct or delete your personal data or to exercise other individual rights, you may contact the Consent Officer on the below mentioned details:

16.            Governing Law:

16.1.            The terms of this Privacy Notice & Privacy Policy shall be governed and construed in accordance with the laws of India. Any dispute regarding or arising out of this Privacy Policy shall be subject to the exclusive jurisdiction of the courts in New Delhi.

17.            Severability

17.1.            Whenever possible, each section of this Privacy Notice & Privacy Policy shall be interpreted in a manner so as to be valid under applicable law. However, in the event any provision is held to be prohibited or invalid, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or other remaining provisions of this Privacy Policy.

17.2.            The Policy does not apply to the procedures and practices followed by entities that are not managed, owned or controlled by Obsessions.co.in or to the people that are not engaged, employed or managed by Obsessions.co.in

17.3.            Through this document, we wish to make you feel at ease while using our websites, and not hesitate while sharing important information with us. We like to make you aware that by using our websites you are agreeing to the collection of certain data. Feel free to contact us with your questions.

18.            Notwithstanding anything contained in this Policy or elsewhere, we shall not be held responsible for any loss, damage or misuse of the Data, if such loss, damage or misuse is attributable to a Force Majeure Event as defined in the Terms of Use.

1.            OUR CONTRACT OF SALE

1.1.            Listing and display of a Product by us on the Platforms is our invitation to you to make an offer for the purchase of such Product. Likewise, the placement of an order on the Platforms by you is your offer to buy the Product(s) from us.

1.2.            Once you have placed an order with us for the purchase of a Product, you will receive an e-mail and/or mobile SMS confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is merely an acknowledgement that we have received your order and does not signify our acceptance of your offer.

1.3.            We only accept your offer and conclude the contract of sale for a Product ordered by you, when the Product is shipped or dispatched to you and an e-mail and/or registered mobile number confirmation is sent to you that the Product has been shipped or dispatched to you (the “Shipment Confirmation”). We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to you.

1.4.            Cancellations by the User: In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. A request for cancellation of order shall be valid and accepted only if they are made within 24 (twenty four) hours of making the order on the Site. We will not be able to cancel orders that have already been processed or orders for which request for cancellation is made after the expiry of 24 (twenty hours) from making the order. We have the full right to decide whether an order has been processed or not. The User agrees not to dispute the decision made by us and accepts our decision regarding the cancellation.

1.5.            Any communication from us shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Platforms in the event there is a change. Further, we may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While we shall make every endeavor to share prompt reminders and notifications relating to the delivery of purchased Product(s) with you, we shall not be held liable for any failure to send such notifications or reminders to you.

1.6.            All orders placed on the Platforms are subject to the availability of such Product, our acceptance of your offer as per the above and your continued adherence to these Terms of Sale.

1.7.            You hereby authorize us to declare and provide declarations to any governmental authority on request on your behalf.

2.            RETURN AND REFUND

2.1.            Please review the Returns and Refund Policy of the Platforms which applies to Products sold by us.

3.            PRODUCT AVAILABILITY

3.1.            We list availability information for the Products on the relevant webpage of the Platforms. Beyond what we say on that webpage or otherwise on the Platforms, we cannot be more specific about availability. Please note that dispatch estimates are not guaranteed and should not be relied upon as such. As we process your order, you will be informed by e-mail and/or mobile SMS if any Products you order turn out to be unavailable or out of stock.

4.            PRODUCT PRICING

4.1.            Products in your shopping cart of the Platforms will reflect the most recent price as displayed on the Product’s information webpage on the Platforms. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery.

5.            TAXES

5.1.            You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products from us and you agree to bear any and all applicable taxes.

5.2.            The price of our products is inclusive of Goods and Service Tax(“GST”). GST charged shall depend upon the destination where the order has to be shipped. We reserve the right to collect taxes for shipping charges wherever applicable.

6.            DELIVERY

6.1.            We endeavour but do not guarantee to deliver the products to Users within 3-4 weeks from the day of the close of sale depending upon the shipping location. We work with different types of suppliers (Manufacturers, designers, distributors, importers etc.) and the delivery time to Users is subject to the delivery of products from supplier to us.

6.2.            Other factors include delays in delivery through the courier partner, transporters’ strike etc. We reserve the right to make delivery of the goods by installments. If the goods are to be delivered in installments, each delivery will constitute a separate contract. You may not treat the contract (as a whole) as repudiated if we fail to deliver any one or more of the installments or if you have a claim in respect of any one or more of the installments. If you fail to take delivery of the goods, we may at our discretion charge you for the additional shipping cost.

6.3.            Please note we ensure each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a third-party recipient for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by us of our obligation, and transfer of responsibility in the same way.

6.4.            Kindly note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. We are not responsible for any delays caused by third-party delivery agencies and/or due to time required for statutory clearances during the delivery process.

7.            ELIGIBILITY

7.1.            Only persons who can enter into legally binding contracts as per the Indian Contract Act, 1872, i.e., persons who are 18 (Eighteen) years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can place an order with us. If you are a minor i.e., under the age of 18 (Eighteen) years, you may purchase the Product on the Platforms only with the involvement of a parent or guardian post declaration in the Consent Form.

8.            LIMITATION OF LIABILITY

8.1.            In no event, our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or a person acting on your behalf, shall extend beyond the money charged from you for purchases made pursuant to an order under which such liability has arisen and been established.

9.            AMENDMENTS

9.1.            We reserve the right to make changes to our policies, and these Terms of Sale at any time. You will be subject to the policies and Terms of Sale in force at the time you order the Product from us unless any change to those policies or these Terms of Sale is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

10.            FORCE MAJEURE

10.1.            Notwithstanding anything contained in this Policy or elsewhere, we shall not be held responsible for any loss, damage or misuse of the Data, if such loss, damage or misuse is attributable to a Force Majeure Event as defined in the Terms of Use.

11.            WAIVER

11.1.            No provision in these Terms of Sale will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Our consent to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

12.            GOVERNING LAW AND DISPUTE RESOLUTION

12.1.            These Terms of Sale, all transactions consummated between you and us, and our relationship with you is governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction to the courts of New Delhi, India.

13.            MISCELLANEOUS

13.1.            In addition to these Terms of Sale, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, and brand promotional offers, whose links, if any, are contained/embedded in the Terms of Use.

13.2.            These Terms of Sale supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the purchase of Product.

1.            GENERAL

1.1.            The terms and conditions for usage of the Platforms as set out herein (“Terms of Use”) specifically govern your access and use of the Platforms, which provides a forum for you to inter alia discover, select and buy Products listed on the Platforms at the indicated price at any time, from the locations serviceable by us.

1.2.            Please note that we may from time to time modify the Terms of Use that govern your use of the Platforms. Every time you wish to use our Platforms, please check these Terms of Use to ensure that you understand the terms and conditions that apply at that time. Further, please note that we reserve the right to either change the format and the content of the Platforms or suspend the operation of the Platforms for support or maintenance work, in order to update the content or for any other reason, at any time.

1.3.            The accessing, browsing, or otherwise using the Platforms indicates your agreement to these Terms of Use, the Privacy Notice & Privacy Policy and any other policies or guidelines that may be applicable to the Platforms at the time of your access and usage of the Platforms and which may be updated from time to time (collectively, the “Agreement”).

1.4.            We authorize you to view and access the Platforms solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with the Return and Refund Policy. We therefore grant you a limited, revocable permission to access and use the Services.

1.5.            By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. If a user is below 18 (Eighteen) years of age, it is assumed that he/she is using/browsing the concerned Platform under the supervision of his/her parent or legal guardian and that such user’s parent or legal guardian has read and agrees to the terms of this Agreement, including the terms of purchase of Products on behalf of the minor user as well as our Privacy Notice & Privacy Policy and has accepted the Consent Form. In the event we are made aware that a user is under the age of 18 and is using/browsing the Platform without the supervision of his/her parent or legal guardian, we reserve the right to deactivate such user’s account without further notice. Further, if you are using the Services on behalf of a company or organization, you represent that you have the authority to act on behalf of that entity, and that such entity accepts this Agreement.

2.            REGISTRATION OF YOUR ACCOUNT

2.1.            In order to purchase Products on the Platforms and/or avail Services thereof, you will have to register on the Platform. Registration is a one-time process and is free of cost.

2.2.            You may register on Obsessions, pursuant to accepting the Consent Form, in one of the following ways:

2.2.1.            Creating an Obsessions account: by providing the relevant information for the creation of your account on Obsessions and after filling in the necessary forms and providing the necessary details as may be required by us at the time of your registration. Following this, an account will be created by Obsessions for you.

2.2.2.            Using a third-party account: you may use the login credentials of the account maintained by you with a Obsessions-integrated third-party (illustratively, Google or Facebook), in which case you will also be subject to the relevant third-party terms and conditions applicable to such account.

2.3.            You may register on the Platform on successful mobile or email OTP (One    Time Password) verification and you will be eligible to further access and avail the Services after filling in the necessary forms and after providing the necessary details as may be required by us at the time of your registration. For placing an order, you should login to your account by completing the successful mobile OTP verification.

2.4.            You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the login credentials of your account on the Platforms and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account.

2.5.            You will: (a) immediately inform us of any unauthorized use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. We, our employees, agents, directors and officers will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms of Use. You may be held liable for any losses incurred to us or any other user due to unauthorized use of their account by you. We reserve the right to refuse access to the Platform(s), terminate accounts, remove or edit content at any time without notice to you.

3.            COMMUNICATION AND UNSUBSCRIPTION

3.1.            By accepting the Terms of Use, you also accept to receive news, updates, offers/ campaign related SMS/Email, to the mobile phone number/email address provided by you. By accessing and using the Platforms and/or verifying your contact number with us, you explicitly consent to receive such communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.

3.2.            You can unsubscribe/ opt-out from receiving marketing/ promotional communications, newsletters and other notifications from us at any time by following the instructions set out in such communications or through a consent manager.

4.            DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS

4.1.            We shall reasonably ensure that all information and recommendations, whether in relation to the Products, Services, offerings or otherwise (hereinafter “Information”) provided as part of the Platforms is correct at the time of inclusion on the concerned Platform. We do not guarantee the accuracy of the Information. We make no representations or warranties as to the completeness or accuracy of Information.

4.2.            You agree that Information is being supplied to you on the condition that you will make your own determination as to the suitability of such information for your purpose prior to use or in connection with the making of any decision. Any use of the Platforms or the Information is at your own risk. Neither we, our affiliates, nor their officers, employees, alliance partner or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this website, the Information, or any third-party website linked to the Platforms. We are not responsible for the content of any third-party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.

4.3.            As a means to assist the users in identifying the Products of their choice, we provide visual representations on the Platforms including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to users. The appearance of the Product when delivered may vary for various reasons.

4.4.            Nothing contained herein is to be construed as a recommendation to use any Product, process, equipment or formulation, in conflict with any patent, or otherwise and we make no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.

4.5.            We do not covenant or provide any representations and warranties:

4.5.1.            in respect of quality, suitability, accuracy, reliability, performance,  safety, merchantability, fitness for a particular purpose/consumption or the content (including Product or pricing information and/or specifications) on the Platforms;

4.5.2.            that the Services will be made available at all times; and

4.5.3.            that the operation of the Platforms, including the functions contained in any content, information and materials on any Platform or any third-party sites or services linked to the Platforms will be uninterrupted, or that the defects will be rectified, or that the Platforms or the servers that make such content, information and materials available are free of viruses or other harmful components.

4.6.            The platforms and the services are provided to you on an “as-is” and “where-is” basis, without any representations or warranties. We, for ourselves and any third-party providing materials, services, or content to this website, make no representations or warranties, either express, implied, statutory or otherwise of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, with respect to the platforms, the information or any products or services to which the information refers. We will not be liable to you or any third party for any damages of any kind, including but not limited to, direct, indirect, incidental, consequential or punitive damages, arising from or connected with the site, including but not limited to, your use of this site or your inability to use the site, even if we have previously been advised of the possibility of such damages.

5.            AVAILABILITY AND ACCESSIBILITY OF THE PLATFORMS

5.1.            We control and operate the Platforms from India and make no representation that the materials and the content available on the Platforms is appropriate to be used or will be available for use in other locations outside India. If you use the Platforms from outside India, you are entirely responsible for compliance with all applicable local laws. These Terms of Use do not constitute, nor may these Terms of Use be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.

5.2.            Information that we publish on the World Wide Web may contain references or cross references to our Products, programs and Services that are not announced or available in your country. Such references do not imply that we intend to announce such Products, programs or Services in your country. Consult our local business contact for information regarding the Products, programs and Services that may be available to you.

5.3.            We reasonably monitor the user’s account in order to avoid fraudulent accounts and transactions. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Platforms 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 an account and dishonor all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.

6.            THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY SITES

6.1.            In your use of the Platforms, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of the Platforms or access any other third-party website linked to the Platforms. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that we have no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third-party website and the contract under such instances remains between you and any such third party.

7.            COPYRIGHTS IN OBSESSIONS CONTENT

7.1.            The Platforms contain material, including text, graphics and sound, content including any software programs available on or through the Platforms (“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. All copyright and other intellectual property rights in the Envouge’sContent are owned by us.

7.2.            TRADEMARKS: All the trade names associated with us and all Products and logos denoted with TM are trademarks or registered trademarks of us or our affiliates. Our trademarks may not be used in connection with any product or service that is not our product or service.

7.3.            If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at [email protected] and let us know of your concerns.

8.            LICENSEAND USE OF YOUR CONTENT

8.1.            You grant to us a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material including personal data that is made or caused to be made publicly available by you on our Platforms without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on the Platforms.

8.2.            You agree that we do not routinely monitor your postings on the Platforms but reserve the right to do so. However, if we become aware of inappropriate use of the Platforms or any of its Services, we will respond in any way that, in its sole discretion, we deem appropriate. You acknowledge that we will have the right to report to law enforcement authorities of any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, we will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet.

8.3.            We reserve the right to terminate access to the Platforms at any time and without notice. Any provision of the Terms of Use which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Terms of Use shall survive the termination or expiration of the Terms of Use.

9.            USER WARRANTIES AND RESTRICTIONS

9.1.            You represent and warrant that:

9.1.1.            the you have ready the privacy policy and have provided free, specific, informed, unconditional and unambiguous consent through the Consent Form which signifies an agreement to processing your personal data for the purpose specified in the Privacy Notice & Privacy Policy;

9.1.2.            your use of the Platforms and/or Services will not violate any applicable law or regulation;

9.1.3.            all information that is submitted to us in connection with the Platforms and/or Services is true, accurate and lawful;

9.1.4.            use of the content and material you supply does not breach any applicable Agreement and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, we will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify us and our affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

9.2.            You will use the Platforms for lawful purposes only and will not undertake                                       any activity that is harmful to the Platforms or its content or otherwise not envisaged through the Platforms. You may access and use the Platforms solely for the purpose of availing the Services, subject to these Terms of Use.

9.3.                You will not do any of the following:

9.3.1.            Decompile, reverse engineer, or disassemble the content on the Platforms;

9.3.2.            Use the Services in any way that is unlawful, or harms Obsession or any other person or entity, as determined in Obsession’s sole discretion;

9.3.3.            Make false or malicious statements against the Services, the Platforms or us;

9.3.4.            Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage the Platforms and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platforms and/or the Services;

9.3.5.            Introduce any trojans, viruses, any other malicious software, any bots or scrape the Platforms for any information;

9.3.6.            Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or

9.3.7.            Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.

9.4.                You are prohibited from hosting, displaying, uploading, modifying,

9.4.1.            is libelous, defamatory, abusive, threatening, harassing, hateful, and offensive or otherwise violates any law or right of any third-party;

9.4.2.            infringes any patent, trademark, copyright or other proprietary rights;

9.4.3.            violates any law for the time being in force;

9.4.4.            contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

10.            INDEMNIFICATION AND LIMITATION OF LIABILITY

10.1.            You agree to indemnify, defend and hold harmless us, our affiliates, alliance partners, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Platforms or the Services, violation of these Terms of Use, or infringement of any of our or any third-party intellectual property or other rights. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

10.2.            To the fullest extent permitted by law, in no event shall Obsessions or any of its directors, officers, employees, alliance partners, agents or content or service providers (collectively, the “Our Representatives”) be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, the Platforms or the content, materials and functions related thereto, the Services, provision of information via the Platforms, lost business, even if our Representatives have been advised of the possibility of such damages.

10.3.               In no event shall Obsessions Representatives be liable for:

10.3.1.            the use or inability to use the Platforms and/or the Services;

10.3.2.            any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Platforms; or

10.3.3.            any other matter relating to the Platforms or the Services.

10.4.            Obsessions is neither liable nor responsible for any actions or inactions of the other users of the Platforms or any breach of conditions, representations or warranties by them. Obsessions is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of the Platforms.

10.5.            None of the directors, officials or employees of Obsessions shall be personally liable for any action in connection with the Platforms or the Services thereto.

11.            ACCESS OUTSIDE THE REPUBLIC OF INDIA

11.1.            Obsessions makes no representation that the content on the Platforms is appropriate to be used or accessed outside the Republic of India. Your use of or access to the Platforms from outside the Republic of India is at your own risk and you are responsible for compliance with the laws of such jurisdiction.

12.            GENERAL

12.1.            None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever.

12.2.            Except as explicitly stated otherwise, any notices shall be given by Registered AD to 20, Pusa Road, Basement, Karol Bagh, New Delhi-110005 and by Email at [email protected].

12.3.            We may give you notice at your registered email address or through Registered AD to the address provided to us during the registration process.

13.            APPLICABLE LAW AND JURISDICTION:

13.1.            These Terms of Use are governed by and to be interpreted in accordance with the laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms of Use or any dispute arising in relation to the Platforms, whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at New Delhi, India for the resolution of all such disputes.

14.            ARBITRATION

14.1.            If any dispute arises between you and the Company during your use of our Platforms or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, and the Privacy Policy or the Additional Terms, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party. The seat and venue 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.

15.            GRIEVANCE OFFICER:

15.1.            In accordance with the Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, any grievances which you may have with respect to the information shared by you with us hereunder and its treatment or any grievance related to Services being availed hereunder, may be directed by you to such grievance officer or at the below mentioned coordinate:

16.            FORCE MAJEURE

16.1.            A “Force Majeure Event” means any event that is beyond the reasonable control of Obsessions and includes, without limitation, fire, flood, explosion, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, war, acts of government, power failure, sabotage, pandemic, computer hacking, unauthorized access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption.

16.2.            We will not be held responsible for any loss, damage or misuse of the Data, if such loss, damage or misuse is attributable to a Force Majeure Event.

17.            WAIVER

17.1.            No provision in these Terms of Use will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Any consent by us to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

18.            SEVERABILITY

18.1.            If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms of Use and the remainder of these Terms of Use will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms of Use will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.

19.            AMENDMENT

19.1.            These Terms of Use are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms of Use as available on the Platforms. Your relationship with the Platforms will be governed by the most current version of these Terms of Use, as published on the Platforms.

20.            MISCELLANEOUS

20.1.            In addition to these Terms of Use, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Services. You agree that we will not be liable for any transaction between itself and any such third parties.

20.2.            These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the use of the Platforms, and the rights and liabilities with respect to any Services to be provided by us shall be limited to the scope of these Terms of Use.