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Terms of Sale

Last updated on 3rd June 2016.

This Agreement, including its schedules, all content which is referenced or hyperlinked hereunder, such as the Natty’s Terms of Use, Natty’s Privacy Policy and any other policies of Natty published and/ or updated on the Website from time to time,(“Agreement”) is an electronic record in terms of the Information Technology Act, 2000 and the rules framed there under. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This Website, (“Website”) is owned and operated by Ranger Apparel Export Private Limited (“We”, “Us”, “Natty” or “Our”, which expression shall mean and include its affiliates, successors and assigns) and may be made available by Us through a website (www.natty.in), mobile application or otherwise.

We offer this Website to You (“Seller”, “Buyer”, “User”, “You” or “Your, as the context so requires, which shall mean and include its legal heirs and representatives.) Use of the Website is subject to and governed by the following terms and conditions as detailed in this Agreement.

This Agreement is a legally binding document between a You and Natty. Accessing, browsing or otherwise using the website indicates Your acceptance to all the terms and conditions herein. If You do not agree to this Agreement, please do not use the website. The terms of this Agreement will govern the relationship between You and Natty, including with respect to the listing, advertising, exhibiting, making available, marketing, sale and/or delivery of any Products (defined below) through the Website.

Natty shall have the right to add to and amend the Agreement at any time. Natty may notify the revised terms and conditions of this Agreement, to You as an update provided on the Website. It shall be Your responsibility to review the notifications on the Website or from Natty from time to time. Your continued use of the Website after modifications/amendments/revisions of the terms and conditions of this Agreement shall be deemed as an acceptance of such modifications/amendments/revisions and such revised Agreement shall be binding on and enforceable against You.

Please read this Agreement carefully before using or registering on the Website or accessing any material, information or services through the Website. If You do not agree with the below terms and conditions, please do not use the Website for purchase the products offered for sale on the Website (“Products”).

1. Services
1.1 The Website is an electronic marketplace and serves as an intermediary that:
(a) enables the Sellers to advertise, exhibit, make available and offer to sell various Products to Buyers;
(b) enables the Buyers to accept the offer of sale of the Products made by the Sellers on the Website and to make payments to the Sellers for purchase of the Products through the payment gateway available on the Website and/ or through vouchers and store credit issued by Natty;
(c) facilitates and provides incidental and ancillary services such as delivery, cash collection during cash on delivery services etc.;
All the incidental and ancillary services offered by the Website are outsourced to third party service providers. Natty shall not be responsible and/ or be held liable in any manner for a defect and/ or deficiency in service due to an act and/ or an omission by the third party service provider.

2. Essential Conditions
2.1 You represent that You are of legal age to form a binding contract and are not a person barred from receiving the services under the laws as applicable in India. You shall not transact on this Website if You are a minor under the age of eighteen (18) without parental guidance. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through this Agreement with your parent or legal guardian. In the event You are an entity, You shall be incorporated and/ or set up as per the laws of India.
2.2 Natty reserves the right to refuse access to use the services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
2.3 You shall not have more than one active Account (as defined below) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.

3. Relationship between the Buyer and Seller
3.1 All agreements between the Buyer and the Seller are bipartite contracts between the Buyer and the Seller. This Website is merely an intermediary, which connects the Buyer and the Seller to enter into a bipartite contract.
3.2 The Seller shall offer the Products on the Website and the Buyer shall accept such offer of sale from the Seller by purchasing the Product and paying the price listed for the Product. The Sellers and Buyers may connect with each other through the internal messaging service available on the Website. However, the Sellers and/ or the Buyers shall not attempt to purchase the Products outside the Website i.e. through other offline modes, other e-commerce websites, mobile applications etc.
3.3 In the event it comes to Natty’s notice that a Buyer and/ or a Seller has engaged in such an activity of entering into a transaction outside this Website in an attempt to circumvent the Natty Fee, Natty shall have the right to block the access to the Website for such Buyers and Sellers.

4. Seller Conditions
4.1 The Seller shall provide detailed and accurate descriptions and images of the Products. The Seller shall refrain from using any image, content, text, and graphics etc. from the internet and/ or any other source which resemble and / or is similar to the Product which is displayed but is not owned by him/her.
4.2 With respect to the sale of a Product by the Seller to the Buyer, the Seller hereby represents and warrants to the Buyer that:
4.2.1 Seller has the right to sell the Products to the Buyer on or through the Website;
4.2.2 Buyer shall have and enjoy quiet possession of the Products as the title to the Product shall pass on the Buyer on delivery of the Product;
4.2.3 Buyer shall be entitled to all the warranties and other collaterals applicable to the Product or as generally made available by the manufacturer or seller of the Product;
4.2.4 The Products meet with all the standards prescribed under the Legal Metrology Act, 2009;
4.2.5 The Products are genuine and are not counterfeit, duplicate, fake, second-hand products;
4.2.6 The Products shall meet the description and specifications as provided by the Seller on the Website.
4.3 The Seller shall clearly communicate its return policy to Natty and the Buyer and stand by them. Once a Buyer’s request to return or exchange a product is approved, the Seller shall be bound to/ shall not refuse/ shall accept the returned Product from the Buyer.
4.4 In case of damaged/defective - The Seller shall bear all costs, which have facilitated the return and refund the price paid by the Buyer to the Buyer. The Seller shall also provide a replacement to the Buyer if the same is possible.
4.5 All other conditions, representations and warranties as detailed under the agreement to be executed between the Seller and Natty shall be applicable to the Seller.

5. Buyer Conditions
5.1 You may maintain an account (“Account”) on the Website or You may use the Website as a guest user. In either case, You will be required to furnish certain information and details, including Your name, e-mail id, and any other information deemed necessary by Us (“Buyer Information”). You shall ensure that the Buyer Information is true, complete, accurate and up-to-date at all times. You also expressly agree to Our representatives contacting You based on the information provided by You with respect to the transactions entered by You through the Website.
If You maintain an Account, You shall be responsible for maintaining the confidentiality and security of the password and for all activities that occur in and through Your Account. You agree that you will not disclose Your password to any third party and that You will take sole responsibility for any activities or transactions under Your Account, whether or not you have authorized such activities or transactions. You will immediately notify Us of any unauthorized use of Your Account. Please note that We will not be liable for any such unauthorized use.
5.2 If You wish to terminate Your Account, You may send Us an e-mail at care@natty.in. For further information regarding the Account, please visit our Terms of Use. You may use the payment gateway facility available on the Website and You may be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard You agree to provide correct and accurate credit/ debit card details to the approved payment gateways for buying the Products. You shall not use the credit/ debit card, which is not lawfully owned by You in any transaction. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card and/ or failure of transactions. You may also use the cash on delivery facility provided your order qualifies for it.
5.3 The payment gateway service provider, Your bank, and/ or the credit card association may restrict, limit Your transactions and/ or block your debit/ credit card for a particular reason. In all such cases, any expenses and losses suffered by Natty shall be borne by You.
5.4 You hereby agree and acknowledge that Natty does not qualify to be a banking or financial service but is merely a facilitator providing an electronic, automated online electronic payment facility by receiving payment through cash on delivery option and collection and remittance facility for the transactions on the Website using the existing authorized banking infrastructure and card payment gateway networks.
5.5 In case your Order is delayed relative to the time period mentioned at the time of purchase due to the untimely shipment from the Seller, You as a Buyer shall be entitled to claim a refund of the price paid by you for the Product. If You have already made payments through the payment gateway, Natty shall refund the money to You and the same shall be made at the same issuing bank from where the money was received.
5.6 You hereby agree and acknowledge that You purchase the Product(s) from the Seller at your own risk and Natty shall not be liable for any reason including, but not limited to, defective, deficient and/ or damaged Products.
5.7 You shall not open the package in which the Product arrives unless You sign the acknowledgement receipt produced by Our delivery service provider. In the event You wish to return a Product purchased, You shall return the Product as per the return policy of the Seller. You shall be completely responsible for the packaging of the Product in case of a return. In the event the Product is damaged due to Your act and/ or omission, or during transit because of inadequate packing, You shall bear the loss suffered by the Seller.
5.8 You shall be available at the address provided by You for delivery to accept the Products. In the event You have paid for the Product through Our online payment gateway, You shall not be eligible to claim a refund if You do not accept the delivery from Our delivery service provider when he/ she visits Your address to deliver.
5.9 In the event You opt to make cash payments by availing the cash on delivery option provided by the Seller, You shall be solely responsible for the amount of cash handed over to the representative of Our logistic service provider. We shall not be responsible and/ or liable for any loss of cash collected from You by the representative of Our logistic service provider.
5.10 You shall not discourage other Customers from placing an order on the Website and/ or attempt to enter into a sale transaction with the Seller for the Products outside the Website.
5.11 You shall provide honest and fair reviews about the Sellers on the Website and You shall not be biased against a Seller and/ or use abusive language while posting reviews. Further, You provide Us and the Seller permission to contact and/ or notify You regarding the Website or Your order.
5.12 You shall not misrepresent, provide false details including but not limited to Your name, address, phone number. In the event it is found by Natty that You have provided Us with false details, We may terminate Your Account, and/ or block Your access to the Website.
5.13 By purchasing a Product on the Website, You agree that any legal remedy or liability that You seek to obtain for actions or omissions of other members, Sellers or other third parties will be limited to a claim against such particular members, Sellers or other third parties who caused You harm and You agree not to attempt to impose liability on, or seek any legal remedy from Natty with respect to such actions or omissions.

6. Limitation of Liability
6.1 Great care has been taken to ensure that the information available on the Website is correct and error free. However, We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
6.2 By accepting this Agreement You agree to relieve us from any liability whatsoever arising from Your use of information from any third party, or Your use of any third party website, or Your purchase of any Product from any Seller.
6.3 We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any Products on the Website.
6.4 We have taken all reasonable steps to prevent internet fraud and ensure any data collected from You is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure servers or those of third parties.
6.5 If Natty has a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, Natty reserves the right to block the Buyer immediately and to refuse all future service. Additionally, should there exist an abuse of vouchers or discount codes, Natty reserves the right to seek compensation from any and all violators. Offers available on the Website are subject to Natty’s discretion and may be withdrawn at any time and without notice.
6.6 In the event We are held liable for any reason, Our total liability shall not exceed the price of the Product.

7. Indemnification
7.1 You agree to indemnify, defend and hold Natty, its parents, subsidiaries, affiliates, successors, assigns and licensors, franchisees or sub-franchisees, any of their respective officers, directors, employees, agents, vendors, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by You.

8. Governing Law and Jurisdiction
8.1 This Agreement shall be construed in accordance with the applicable laws of India and The Courts at Bangalore, India shall have exclusive jurisdiction in any proceedings arising out of this Agreement.