The domain name www.tshfam.in (hereinafter referred to as “Website”) is owned by Masaledani Media and Hospitality Private Limited a company incorporated under the Companies Act, 1956 with its registered office at 11, Hauz Rani, First Floor, Malviya Nagar, New Delhi-110017 (hereinafter referred to as “TSHFam”).

Your use of the Website and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Masaledani Media and Hospitality Private Limited and these terms and conditions including the policies constitute Your binding obligations, with TSHFam.

Please read these Terms carefully before using this Website. By using this Website or Mobile Application (if any), you acknowledge that you have read, understood and agreed to be bound by the Terms contained on this legal webpage, which govern Masaledani Media and Hospitality Pvt Ltd relationship with you in relation to this Website, and the Services therein. Masaledani Media and Hospitality Pvt Ltd may revise and update these Terms from time to time. Your continued usage of this Website is considered as an implied acceptance of the changes and that you agree to abide by the changed Terms.

In these Terms, references to “you”, “your”, “User(s)”, “they” shall mean the end user (including its successors and permitted assigns) accessing this Website, its contents and using the Services offered through this Website, “we”, “us” and “our” shall mean Masaledani and “Party”, “Parties” shall mean you and/or Masaledani as the context may require.

INTRODUCTION

• This Website is an internet-based content and e-commerce portal operated by Masaledani and includes its Mobile Application (if any).
• Use of this Website is offered to you conditioned on acceptance without modification of all the terms, conditions, and notices contained in these Terms, as may be posted on this Website from time to time. Masaledani at its sole discretion reserves the right not to accept a User from registering on this Website without assigning any reason thereof.

USER ACCOUNT & REGISTRATIONS

You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Masaledani of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Masaledani cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.

SERVICES & PRODUCTS OFFERED

Masaledani provides a number of Internet-based services through this Website and the Mobile Application (if any) (all such services, collectively, the “Service”). One such service enables users to purchase merchandise such as clothing, mugs, mobile phone covers, and other accessories (collectively, “Products”). This site is designed, updated, and maintained independently by Masaledani. The Products can be purchased via this Website through various methods of payment offered. The sale/purchase of the Products shall be additionally governed by specific policies of sale, like Shipping & Delivery policy, Order Amendment policy, Returns & Exchange policy, prevailing rules & regulations of statutory authorities etc. In addition, these terms and policies may be further supplemented by Product specific conditions, which may be displayed on the webpage of that Product. Upon placing an order, Masaledani shall ship the Product to you and be entitled to its payment for the Services.

SERVICE FEES

Masaledani reserves the right to introduce fees for the services (COD Charges/Shipping Charges etc.,) offered or amend existing fees as the case may be. Changes to the Fee Policy shall automatically become effective immediately after they are posted on this Website.

BILLING

The Price of our merchandise is inclusive of GST as applicable as per the GST Laws. We reserve the right to collect GST for the shipping charges wherever applicable.

DURATION OF SALE

Each sale shall last from 24 to 72 hours only or any specified period of time as defined by the Company and the time of the beginning of the sale is 1100 hours IST. Therefore, it is the customer’s responsibility to log in earlier if they want to avail themselves of better products or styles because our sales are “first come, first served”. The merchandise is not restocked once sold out. No information regarding the presence of any Product in our stock will be given and we will alert you only when an item is sold out.

DELIVERY

We endeavor 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 the supplier to us. Other factors include delay 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.

Please note we insure 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. 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 the time required for statutory clearances during the delivery process.

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

• unavailability of the relevant product;
• failure of the concerned manufacturer/supplier/designer/importer to deliver relevant product to us;
• poor/improper/defective quality of the relevant product ascertained through our quality audit process; and
• inaccuracies or errors in product or pricing information. In the event of any circumstance(s) as aforementioned; you shall not be entitled to any damages or monetary compensation.

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

USERS RULES & REGULATIONS

You will not, nor will allow third parties acting on your behalf to (i) make and distribute copies of the Mobile Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Website; or (ii) create derivative works of the Website of any kind whatsoever.

You acknowledge and agree that the terms of agreement with your respective mobile network provider will continue to apply when using the Website/ Mobile Application (if any). As a result, you may be charged by the mobile network provider for access to the network connection services for the duration of the connection while accessing the Website/Mobile Application (if any) or any such third-party charges as may arise. Masaledani specifically denies any liability for such charges.

You agree and undertake to use the Website and the Services only for purposes and post and upload data/information/material that is permitted and are proper. By way of example, and not as a limitation, you agree and undertake that when using the Website and/or a Service, you will not:

1.host, display, upload, modify, publish, transmit, disseminate, update or share any data/information/material/files that-

• belongs to another person and to which you do not have any right to;
• is grossly harmful, harassing, inappropriate, blasphemous defamatory, obscene, pornographic, paedophilic, profane, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
• harm minors in any way;
• infringes any patent, trademark, copyright or other proprietary rights;
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• impersonates another person;
• contains software viruses, corrupt files or any other computer code, files or programs designed to interrupt, destroy or limit the operation of the Website or functionality of any computer resource;
• threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation

2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;

3. Conduct or forward surveys, contests, pyramid schemes or chain letters;

4. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;

5. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

6. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

7. Violate any applicable laws or regulations for the time being in force in or outside India; and

8. Violate any of the terms and conditions of these Terms or any other terms and conditions for the use of the Website contained elsewhere herein.

9. Exploit any of the Services.

10. Make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement(s) and/or comment(s) about Masaledani and/or its affiliates/associates.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Masaledani owns all Intellectual Property Rights to and into the Website and the Mobile Application (if any), including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Masaledani without obtaining authorization from Masaledani.

LINKS TO THIRD-PARTY WEBSITES

The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Masaledani or the Website and Masaledani is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Masaledani is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. The inclusion of any link does not imply endorsement by Masaledani or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. Masaledani has no specific prior review process or editorial control over third party content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, members, or any other user of this Website, are those of the respective parties and not necessarily those of Masaledani. Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such third-party information appearing on the Linked Sites or otherwise.

GENERAL TERMS AND CONDITIONS

1. You are responsible for remaining knowledgeable about the Terms as updated from time to time.
2. You agree to be communicated by us via email and SMS to facilitate your navigation of and use of the Website. We may communicate promotional offers periodically and as and when required.
3. We shall not be liable or responsible for correspondence lost or delayed in the mail/e-mail/SMS.
4. We reserve the right to deprive you of, or to refuse any of our services, terminate accounts, or amend/refuse/cancel orders at our discretion, without assigning any reason and without prior notification, including but not limited to if we believe that your conduct violates applicable law or is harmful to our interests.
5. You represent and warrant that all information placed by you in your profile, including but not limited to name, address, mobile number, the email address is correct.
6. We reserve the right to add, modify, delete, or otherwise change the Terms without any approval, prior notice, or reference to any User.
7. In the event of a dispute in connection with the interpretation of the Terms, our decision shall be final and binding.
8. These Terms shall be read in conjunction with the other policies of Masaledani (if any), included herein by reference or otherwise.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Masaledani from and against any and all losses, liabilities, claims, damages, costs, and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Masaledani that arise out of, result from, or maybe payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.

PRICING & AVAILABILITY

We list availability information for products sold by us on the Website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are approximate. Though we endeavor to deliver Products within the estimated dispatch time, they are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail, if any Products you order turn out to be unavailable.

All prices are listed in Rupees. “Price”, as displayed, is inclusive of all taxes at the appropriate rate unless stated otherwise. The net amount after the discount is considered to be inclusive of taxes wherever applicable as per prevailing laws. Any other charges like shipping charges or gift-wrapping charges are also considered to be inclusive of taxes at the appropriate rate unless stated otherwise. All such collected taxes are paid to the appropriate government by Masaledani. You agree to bear any and all applicable taxes, cesses, etc levied thereon.

CUSTOMER’S ACKNOWLEDGEMENT

You agree that the goods are purchased by you for internal/personal consumption and not for resale. You agree that the goods are purchased by you for internal/personal consumption and not for resale.

CANCELLATION OF FRAUDULENT/LOSS TO BUSINESS ORDERS

To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Masaledani reserves the right to cancel all past, pending, and future orders without any liability. Masaledani also reserves the right to refuse or cancel orders in scenarios like inaccuracies in the pricing of products on the website. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.

A user may be considered fraudulent in scenarios including: (a) User fails to produce adequate documents during the payment details verification; (b) misuse of another Users’s phone/email; (c) User uses invalid email and phone no; (d) overuse of a voucher code; (e) use of a special voucher not tagged to the email ID used; (f) Users returns the wrong product; (g) User refuses to pay for an order; (h) User is involved in the snatch and run for any order.

The loss to business orders includes users with a very high return, exchange, or cancellation rate and abusing the return, exchange, or cancellation policy of Masaledani (if any) as determined by Masaledani at its sole discretion.

Account for the Users falling in fraudulent or loss to business category may be blocked and Masaledani may at its sole discretion initiate legal action against such Users in case of any loss or damages suffered by Masaledani due to such Users.

CUSTOMER INITIATED AMENDMENTS

Once the orders have been placed, you are given the flexibility to amend the order on account of a variety of reasons. These amendments could be at the order level or at the Product line level.

The following are the policies in this regard:

1. Masaledani will accept any order amendments till the time it has not been processed in our warehouse.
2. The Customer is required to contact the Masaledani Contact Centre for cancellation.
3. Masaledani’s Customer service team would initiate the cancellation requests on behalf of the Customer.
4. Full order cancellation is allowed only if none of the Product lines has been processed in our warehouse.
5. Line cancellation for the entire line is allowed only if the specific order line has not been processed in our warehouse.

If the cancellation request is successful as per the above conditions, Masaledani would cancel the order or entire line(s) as the case may be and refund the same to you as per Masaledani’s refund policy.

MASALEDANI INITIATED CANCELLATION

During the order processing stage, there is a possibility that the Product quantities required to fulfill an order are not completely available, for reasons such as physical product found to be damaged at the warehouse, product not traceable, etc. Masaledani reserves the right to refuse or cancel orders in case of stock unavailability.

Masaledani’s Customer service team would initiate the communication to you, explaining the reason for such cancellation and initiate a refund to you as per Masaledani’s refund policy.

TITLE AND RISK

Title and risk of loss for all products ordered by you shall pass on to you upon Masaledani’s shipment to the shipping carrier. However, the responsibility of shipment lies with Masaledani.

SHIPPING AND DELIVERY POLICY

You can find out how long we will need to deliver your order to your specific pin code on all product detail pages.

We normally ship all orders within 2 working days. Transit and delivery time may vary depending on your location and the ordered items. We have tie-ups with reputed courier companies, so your orders will be delivered right to your doorstep. All orders will be delivered in fully sealed packages to protect your goods and ensure that they reach you in perfect condition.

Masaledani will make a maximum of three attempts to deliver your order. In case the customer is not reachable or does not accept delivery of products in these attempts Masaledani reserves the right to cancel the order(s) at its discretion.

An estimated delivery time is displayed on the Order confirmation page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location.

Sometimes, the delivery may take longer due to

1. Bad weather
2. Flight delays
3. Political disruptions
4. Act of God like flood, earthquake, Tsunami, etc
5. Other unforeseen circumstances

In such cases, we will proactively reach out to you. Please check your emails and SMS regularly for such updates.

Also, we will not be able to compensate for any mental agony caused due to delay in delivery.

We may charge you with a shipping charge (inclusive of tax) in some cases. The communication shall be available to you at the time of placing the order.

We may also give you a facility of gift wrapping with a charge (inclusive of taxes). The communication shall be available to you at the time of placing the order.

In case of a refund of the Product, the refund of the shipping charges or gift-wrapping charges will be done as per the refund policy.

NO COMPENSATION POLICY

If the quality of any products, services, information, or other material purchased or obtained by you through the Website did not meet your expectations, no compensation will be given other than the Return and refund or Exchange of the product. The customer cannot request compensation for any reason, including but not limited to: any variation in the finish or appearance of the final product; any delay in delivery caused by unforeseen circumstances; any special, incidental, indirect, or consequential damage of any kind caused by a product; missed opportunities to avail certain discounts; any issue with our Delivery partners or their personnel; any voucher which got deactivated due to the end of expiry date; unavailability of items which the customer tried to purchase, etc. Unreasonable and unlawful requests for compensation, over and above the entitled refund, will be treated as loss to business cases. Masaledani holds the rights to cancel orders and block accounts of such customers without any prior notice

TERMINATION

1. Masaledani may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms.
2. If you or Masaledani terminates your use of the Website or any Service, Masaledani may delete any content or other materials relating to your use of the Service and Masaledani will have no liability to you or any third party for doing so.
3. You shall be liable to pay for any service or product that you have already ordered until the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.

GOVERNING LAW

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the competent courts at Delhi, India.

SEVERABILITY

If any provision of the Terms is determined to be void, unlawful or otherwise in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.

NO AGENCY OR PARTNERSHIP

Masaledani and you are independent contractors. Neither party may direct or control the day-to-day activities of the other; neither party may create or assume any legal obligation on behalf of the other.

NO WAIVER

A delay or omission by Masaledani to exercise any right or power under these Terms will not be construed to be a waiver thereof. A waiver by Masaledani of any of the covenants to be performed by you or any breach thereof will not be construed to be a waiver of any succeeding breach thereof or of any other covenant under these Terms.

NOTICES

We may provide notice to the User via email provided on the user’s registration form or such other address provided by the User to Masaledani. User shall provide notice to Masaledani via email:

Ms. Dimpy Dua
Masaledani Media and Hospitality Pvt Ltd.
H3/43, First Floor, Vikaspuri,
Near Brain International School
New Delhi-110018

NO THIRD-PARTY BENEFICIARIES:

User acknowledges and agrees that these Terms shall in no event be construed as a third-party beneficiary contract and that it is not intended for the benefit of any person or company whomsoever except the parties hereto.

ASSIGNMENT

Masaledani may assign any or all of its rights and obligations hereunder to any party without the prior consent of or notice to User.

REPORT ABUSE:

As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Masaledani does not review the contents in any way before they appear on the Website. Masaledani does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to support@tshfam.in

RETURNS AND EXCHANGE POLICY

Customers can exchange/ return their order within 7 days after an order has been delivered.

All returned items must be in unused condition with all original tags and packaging intact.

You can only apply for a Return/ Exchange from your TSHFam account. Login to your account and go to the ‘Orders’ section. Go to your order, select the Return/ Exchange option, select the product, pick the reason, click Confirm. You will receive a confirmation email from us as well.

As we do not have a reverse pickup facility yet, you are requested to ship the product(s) back to us. Please pack the items securely to prevent any loss or damage during transit.

You can courier the product(s) to the address mentioned below:

31/3, Double Storey, Ashok Nagar,
Tilak Nagar, Adjacent to Burger King,
In front of Tilak Nagar Metro Station Gate no.3,
New Delhi-110018

Once we have received the products and our internal quality check has been carried out, the product amount will be credited back to your account. The refund of shipping and COD charges is not applicable.

Defective products need not be sent back to us unless confirmed by the Customer Care team. If you have received a defective product, send us images at support@tshfam.in and we will get back to you.

QUESTIONS

If you have any questions about our privacy practices, please feel free to contact the customer service at support@tshfam.in