Terms & Conditions 2017-07-25T19:15:26+00:00

TERMS OF USE

You (“User”) are required to read and accept all of the terms and conditions laid down in this Terms of Use (“Terms”) before you may use www.lizjacob.com (“Site”). The Terms are effective upon acceptance and governs the relationship between you and Liz Jacob (hereinafter “Company”) including the sale and supply of any Products on the site. If the Terms conflicts with any other document, the Terms will prevail for the purposes of usage of the Site. If you do not agree to be bound by the Terms, you may not use the Site in any way.

Please read these Terms carefully. These Terms, as modified or amended from time to time, are a binding contract between the Company and you. If you visit, use, or shop at the site (or any future site operated by the company, you accept these Terms. In addition, when you use any current or future services of the company or visit or purchase from any business affiliated with the company or third party vendors, whether or not included in the site, you also will be subject to the guidelines and conditions applicable to such service or merchant. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will control

If you have any queries relating to our terms and conditions, please email us at customerservice@lizjacob.com

DESCRIPTION OF SERVICE

Lizjacob.com is a sole proprietorship based in Bangalore, India. The Site allows you to browse, select and purchase online hand painted, appliquéd and embroidered cotton clothes and accessories and room décor for young kids (“Goods” or “Products” or “Services”).

GENERAL

This Agreement sets forth the terms and conditions that apply to the use of the Site by the User. By using this Site, the User agrees to comply with all of the Terms hereof. The right to use the Site is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of their password(s), if any. The User acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the internet. While it is the Company’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of the Company, access to the Site may be interrupted, suspended or terminated from time to time. The Company shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Company may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

ACCOUNT

In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password including cases when it is being used by any of your family members, friends or relatives, whether a minor or an adult. You further agree to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account, whether by any family member, friend, relative, any third party or otherwise shall not be entertained by the Company. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. The Company reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

LICENSE AND SITE ACCESS

The Company grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site; uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in the Company’s sole discretion) an unreasonable or disproportionately large load on the sites infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by the Company to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by the Company.

RESALE

The User undertakes that all goods ordered are for private and domestic use only and are not for resale.

REGISTRATION

The User must choose a username and password. The User is responsible for all actions taken under that username and password and must only purchase from Lizjacob.com using their own username and password. The User must make every effort to keep your password safe and should not disclose it to anyone. The User undertakes to change their password if they suspect that someone else might know it. The User undertakes not transfer or sell their username to anyone, nor permit, either directly or indirectly, anyone to use their username or password. If there are any changes to the details supplied by you it is the User’s responsibility to inform the Company as soon as possible.

It is a crime to use a false name or a known invalid credit card to order. Anyone caught deliberately entering an incorrect or fictitious order will be prosecuted to the fullest extent of the law. The Company reserves the right to track the electronic ‘fingerprints’ of every order placed on the site to enable us, and all legitimate crime prevention and prosecution authorities, to trace individual users engaging in criminal activities on or using the site.

The Company reserves the right to end the agreement with you and to suspend or terminate your access to the site immediately and without notice to you if:

  • you breach any of our terms and conditions
  • when requested by the Company to do so, you fail to provide within a reasonable time frame, enough information to let us to check the accuracy and validity of any information supplied by you, or your identity
  • the Company suspects you have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity on Lizjacob.com
  • You use our products for any reason other than direct consumption

BREACH OF THE AGREEMENT

The User agree that on breach of these Conditions/ agreement, or any liabilities incurred arising out of the Users use of this Site, the User will be responsible for the costs and expenses that the Company or its officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees (if applicable). The User will remain liable if someone else the Users shopping account and/or personal information unless the User can provide proof that such use was fraudulent.

ORDERING

  • When placing an order, the User agrees that any and all information given is accurate and complet
  • All orders are subject to product availability
  • All garment measurements in the product pages are in inches
  • Availability information for products is listed on each individual product description page. There could be occasions when our systems do not accurately reflect the actual stock we hold. If the Company does not have enough stock to deliver the goods you have ordered, we will not charge your credit or debit card. We will remove that product from that order and keep you updated.
  • All prices listed on the Site are correct at the time of entering the information; however, we reserve the right to change prices of any product at any time.
  • No contract for the sale of any product will exist between you and the Company until we accept your order by dispatching the product to you. When this happens we will confirm the acceptance by sending you an email.
  • A confirmation email will be sent to the email address the User has used to register with us, as soon as you have placed an order with us
  • The User must verify all details on the confirmation email are accurate and contact us at urgent@lizjacob.com as soon as possible if any details are inaccurate.
  • If your order has not been accepted, you will receive an email informing the User as to the reasons for non acceptance of the order.
  • Promo codes cannot be used on sale products
  • Although we try our best to deliver on the desired date, we do not guarantee the same. This is because there are lots of natural factors (rain, fire, mishaps, etc.) outside our control affecting a delivery.

CANCELLATION OF ORDERS

The Company reserves the right to cancel any order without any explanation for doing so, under situation where the Company is not able to meet the requirement of the order placed or order placed/cancelled does not comply with Company policy or for any other reason. However, Liz Jacob will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.

SPECIAL OFFERS

The Company reserves the right to terminate any promotional activity prior to the mentioned termination period. Orders associated with special offers (at both product and cart levels) cannot be cancelled.

DELIVERY

The Company will approximately take 1 week for doorstep delivery and around 2-4 weeks to deliver an elaborate handprinted order to the address verified by the User at the time of placing your order.

We take great care in delivering your products to you, and we partner only with reputed national couriers. Our courier partners will be able to deliver the shipment to you between Monday through Saturday: 9am to 7pm. Working days exclude public holidays and Sundays. Delivery time is subject to factors beyond our control including unexpected travel delays from our courier partners and transporters due to weather conditions and strikes.

PAYMENT

The Site accepts most major credit/debit cards & bank transfers

  • The Site uses an external payment gateway for all electronic payment transactions
  • Neither the Site nor the Company collects any of customers credit card/debit card/any other payment method details and hence will not be liable for any misuse of the same.
  • The Site currently do not offer offline cash on delivery servic
  • Orders will be dispatched only after email/phone confirmation with the customer. The Company will confirm your order within 24 hours of receiving your order and dispatch the products soon after confirmation.
  • The Company reserves the right to cancel your order at anytime if we reasonably believe that your order is illegitimate/ if we are not able to confirm your address & phone number/if we are not able to service your area.
  • While availing any of the payment method/s offered by the Company on the Site, the Company is not responsible and does not take no liability in respect of any loss or damage arising directly or indirectly to the User out of the decline due to:(1) lack of authorization for any transaction/s, (2) or exceeding the preset limit mutually agreed by you and your “Bank/s”, (3) or any payment issues arising out of the transaction, (4) or decline of transaction for any other reason/s.

Liz Jacob as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank

RETURNS & REFUND POLICY

  • All returns are subject to the company’s acceptance. We promise to be fair in our decisions.
  • Replacement is offered for the product/s sold by the Company ONLY
  • In the unlikely event that your merchandise arrives damaged, you should email (urgent@lizjacob.com) a photo of the damaged product within 3 days of receiving your order.
  • Items that may have been damaged, defective or sent by error will be fully refunded.
  • Upon authorization of returns, we will gladly offer you an exchange or a refund
  • The Company may at any point request proof including but not limited to photographic evidence of such defects. If the return is not accepted, the products will be sent back to the customer at their cost
  • Refunds will be provided only after the Company accepts the returns.
  • Products purchased on cart level discounts are not returnable
  • Products associated with special discounts are not returnable
  • Gift Vouchers are not returnable

SIZE CHART

The size chart is only an indicative chart that suggests sizes which have better chances of fitting your child. The Company does not guarantee that the sizes suggested will fit the child in all cases as the size chart is only indicative. There could always be minor differences in the way people measure their children. The purpose of the size chart is only to assist customers in choosing sizes.

RATING PRODUCTS

All product ratings are subject to the Company’s approval before being displayed on the site. The Company reserves the right to make any product rating inactive without giving any notice.

INTELLECTUAL PROPERTY

The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of the Company and other respective persons. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of the Company or such third party which may own the Marks. All information and content including any software programs available on or through the Site (“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.

The Site contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of the Company protected by copyright as a collective work under the applicable copyright laws. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print / save copyrighted material for the User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of the Company and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with the Company shall not be deemed to be in the public domain but rather the exclusive property of the Company, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of the Company, unless otherwise stated.

User shall not upload post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. The Company does not have any express burden or responsibility to provide the Users with indications, markings or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Site, User warrants that the owner of such material has expressly granted the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other end user to access, view, store or reproduce the material for that end user’s personal use. User hereby grants the Company, the right to edit, copy, publish and distribute any material made available on the Site by the User. The foregoing provisions of Section 25 apply equally to and are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

THIRD PARTY INFORMATION

The Company in its capacity or Elizabeth Jacob in her personal capacity cannot be held responsible for material and prices or any other written material displayed on third party websites or shopping directories or search engines.

MARKETING COMMUNICATION

The Company uses the email address given at the time of setting up the account by the User to get in touch with you about the latest news/promos/information regarding Liz Jacob products/services. By registering with us, you agree that we can contact you, at the email address provided, with any such communications. However, you always have the freedom to unsubscribe by emailing customerservice@lizjacob.com We believe in personalized promotions and hence any communication you receive from us will most likely be related to you. The Company tries its best to avoid sending anything about products/services unrelated to you.

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to customerservice@lizjacob.com

MISCELLANEOUS

If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition

ENTIRE AGREEMENT

These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what the Company and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation except where that representation has been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

LIMITATIONS OF LIABILITY

In no event shall the Company be liable for any special, incidental, indirect or consequential damages of any kind in connection with this agreement, even if Company has been informed in advance of the possibility of such damages

GOVERNING LAW

The Conditions shall be governed by and construed in accordance with the Indian Law and you irrevocably submit to the exclusive jurisdiction of competent courts of Karnataka, India.