These terms and conditions (together with the information and policies contained in the “Customer Service” pages on the website and any other documents referred in these terms and conditions) (“Terms and Conditions”) set out the legal terms that apply to your use of our website http://www.spunkyspunky.com, any of its sub-domains and any other websites operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf (together, the “Websites” and “Website” being a reference to any one of them) and the other services that we provide (the “Services”).
Please read these Terms and Conditions carefully and make sure that you understand them before using the Services. Please note that by using the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions.
1) Understanding these Terms and Conditions
When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as ‘defined terms’). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
When we refer to “we”, “us” or “our”, we mean Spunky. Where we refer to “you” or “your” we mean you, the person using the Services.
We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services, or between you and the Partners relating to the sale of the products, so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services to order products, to ensure you understand the legal terms which apply at that time).
2) Our services
The Services we offer allow you to search through the Website and purchase products from a large number of Partner boutiques and brands worldwide. As part of the Services, we also provide some ancillary services such as arranging delivery of the products, providing you with customer service assistance and payment processing without charge. We also provide services such as styling, personal shopping etc curated for Spunky and the user, you, of Spunky. However, as stated above, the contract for the purchase of the products is between you and the relevant Partner. This means that it is the Partner (not us) who is legally responsible for selling the products to you.
Please note that the delivery logistics service is being provided by us to you and as such you are entering into a contract for delivery services provided by us. We may make a charge for these services which will be shown at checkout and prior to your purchase of the products. Your contract with us is concluded once the products have been delivered to you by the courier or have been collected by you from a Partner. In order to use the Services you must be over 18 years of age.
3) Our liability to you in relation to the Services If, in providing the Services to you, we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Services. We do not in any way exclude or limit our liability for: • (a) death or personal injury caused by our negligence; • (b) fraud or fraudulent misrepresentation; • (c) any other liability which cannot be limited by law.
4) The products We attempt to be as accurate as possible in the description of the products displayed on the Website. However, as the descriptions are based on information provided to us by the Partners (who remain responsible for them), we cannot guarantee that all details are always accurate, complete or error free. Please contact our Customer Service Advisors if you would like more information about a product. The images of the products on the Website are for illustrative purposes only, and although we attempt to display colours accurately, we cannot guarantee that your computer’s display of the images accurately reflects the true colour of the products.
We do not allow Partners to offer flawed items or products of lower quality than the corresponding market standards for sale on the Website. If an item you have ordered is not as described, is flawed or of a lower quality, you can return it to us and we will liaise with the Partner on your behalf. Once the item is received by the relevant Partner, you will receive a full refund of the defective product, or alternatively a discount, replacement or repair for the item where possible, agreed on a case by case basis by us.
The products sold by the Partners are supplied for your domestic and private use only. You agree that you will not use the products for any commercial, business or re-sale purposes. You further agree that you will not export, reexport, or otherwise transfer the products to any country or territory. Neither we nor the Partners have any liability to you for any loss of profit, loss of business, interruption of business, or loss of business opportunity.
You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Spunky Website. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Spunky or its licensors, except for the licenses and rights expressly granted in these Term.
5) Orders, prices and payment
By completing the check-out process and placing an order by clicking the “Place Order” button on the checkout page, you are offering to purchase the products from the relevant Partner (and not directly from us). Your order for the products is subject to these Terms and Conditions which are incorporated into the contract between you and the relevant Partner. All orders are subject to availability and confirmation of the order price, which is determined by the relevant Partner. After entering into the contract for the products with the Partner, the Partner will be under a legal duty to supply you with goods that are in conformity with the contract. Legal title to the product purchased will pass to you upon your payment being accepted. Risk in the product will remain with the Partner and/or Spunky (as applicable) until it is delivered to you at the address specified when you placed your order.
To order products you must be over 18 years of age and possess a valid credit or debit card. By placing an order, you are promising that all details you provide are true and accurate, that you are over 18 years of age, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds in the account to cover the cost of your order.
The Website allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, colour, etc.)
(a) Formation of the contract between you and the Partner(s) The identity of the Partner is shown on the order confirmation page when you place an order. When you place an order, you will receive an email confirming receipt of your order. This email is only an acknowledgement for information purposes and it does not constitute acceptance of your order by the Partner. The contract between you and the Partner in relation to the products will not be formed until we have checked that the Partner accepts your order. If your order is accepted, we will send you a confirmation email, which concludes the contract between you and the Partner. The confirmation email will include a description of the products purchased in the order and certain other information about your rights to cancel the contract between you and the Partner. Only those products listed in the dispatch confirmation email are included in the contract between you and the Partner.
(b) Pricing and availability Whilst we try and ensure that all details, descriptions and prices that appear on the Website are accurate, as this information is provided to us by the Partners, there may be cases where errors occur. If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and, acting on behalf of the Partner, give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund as soon as possible.
The estimated delivery date of the products will be stated in your order confirmation email. If you do not receive an estimated delivery date from us, we will deliver the order within 30 days after the date of dispatch. We (and not the Partners) supply delivery services to you and we will try to ensure that your order is delivered by the estimated delivery date if given,)but there may be circumstances where delivery is delayed because of events beyond our reasonable control. If this happens, we will try and arrange for your products to be delivered as soon as possible, but we will not be liable to you for any losses caused as a result of such delay.
Delivery times may vary depending on the availability of the products and your delivery address. Delivery times, including for Same Day delivery, are estimates only and cannot be guaranteed.
In certain circumstances our delivery partner may leave your package outside or provide you with optional services when delivering your order, such as: (a) signature release: opting out of the requirement to provide a signature on delivery; (b) leave with neighbour, reception or security: re-directing the delivery to a neighbour, reception or security; (c) reschedule a new delivery date: selecting a delivery date that best suits you; (d) re-directing to a collection point: collecting your package from a collection point nearby. If our delivery partner leaves your package outside, or if you select any of the optional services (including through any default preferences you may have selected with our delivery partner separately) you acknowledge and agree that Spunky shall bear no responsibility or liability for any loss or damage that may result from delivering your order in that way.
Please also read the information on our Orders & Shipping page as this contains important information about your order and its delivery.
7) International Delivery
Details of the countries we deliver to can be found on our Orders & Shipping page. There are restrictions on some products for certain international destinations, so please review the information on that page carefully before placing an order. If you purchase products for delivery to an international destination, your order may be subject to import duties and taxes which are applied when the package reaches that destination. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you breach any such laws.
8) Due to the nature of the Internet, Spunky cannot guarantee the continuous and uninterrupted availability and accessibility of Spunky Platform. Spunky may restrict the availability of the site or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Spunky Platform. Spunky may improve, enhance and modify the Spunky Platform and introduce new services from time to time.
9) User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of an user’s identity.
10) Spunky reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Spunky Platform and update the “Last Updated” date at the top of these Terms. You understand and agree that your continued access to or use of the Spunky Platform will constitute acceptance of the revised Terms.
11) You must register an account (“ Spunky Account “) to access and use certain features of the Spunky Platform, such as for purchasing a product and/or service from the Spunky Platform. You can register a Spunky Account using an email address and creating a password. You must provide accurate, current and complete information during the registration process.
12) Return, Refund and Cancellation: Return, refunds and cancellation pertaining to the orders shall be as per the “ Spunky’s Return, Refund and Cancellation Policy ”
13) If you choose to use the our services, you do so voluntarily and at your sole risk. Spunky Website is provided “as is”, without warranty of any kind, either express or implied. You assume full responsibility for the choices you make before, during and after your use of our website.
14) You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of Spunky. In connection with your use of Spunky you will not and will not assist or enable others to:
• Breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms and Conditions;
• Use, display, mirror or frame the spunky platform or any individual element within the Spunky Platform, Spunky’s name, any Spunky trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Spunky Platform, without Spunky’s express written consent;
• Dilute, tarnish or otherwise harm Spunky in any way including unauthorized use, registering and/or using Spunky order ivative terms in domain names, trade names, trademarks. Use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with Spunky for any purpose;
• Avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by us. Take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Spunky website;
• Violate or infringe anyone else’s rights or otherwise cause harm to anyone.
15) You and We mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Spunky Platform, (collectively, “Disputes”) will be settled by arbitration. The Arbitration shall be carried out under the Arbitration and Conciliation Act, 1996 (as applicable in India and as amended from time to time).
16) You and We each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of Spunky’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
17) These terms shall be governed by the laws of India, and the courts in Kolkata shall have the exclusive jurisdiction over the matters pertaining to these Terms.18) Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between us and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between us and you in relation to the access to and use of the Spunky Platform.
19) No joint venture, partnership, employment, or agency relationship exists between you and Spunky as a result of this Agreement or your use of the Spunky Platform.
20) These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
21) If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
22) Spunky’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
23) Events outside of our control – We and the Partners will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.