website

Permitted uses

You agree that you are only authorized to visit, view and to retain a copy of sections/pages of the THE CREATIVE DUKAAN website for your own personal use, and that you shall not duplicate, download, publish, modify, hack, tamper with, damage the contents in any manner or otherwise distribute the information, data, software, photographs, videos, typefaces, graphics, music, sounds, and other material on the THE CREATIVE DUKAAN website (collectively "Content") for any purpose other than to review product and promotional information, or to purchase product for your personal use, unless otherwise specifically authorized by THE CREATIVE DUKAAN to do so. Except as expressly authorized by the THE CREATIVE DUKAAN website, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit, or create derivative works from such content. You agree that you shall not upload, post, reproduce, or distribute for commercial purposes any materials or design, text or graphics or content on the THE CREATIVE DUKAAN website and further you agree that you shall not reproduce or transmit the same, in any form or by any means, electronic or mechanical or otherwise, including by photocopying, mimeograph transmission, recording, re-keying or using any information storage and retrieval system without the express written permission of THE CREATIVE DUKAAN. Permission may be granted only at the sole discretion of THE CREATIVE DUKAAN.

 

Prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

  • For any unlawful purpose.
  • To solicit others to perform and participate in any unlawful acts.
  • To violate any federal, provincial or state regulations, rules, laws, or local ordinances.
  • To infringe upon and violate our intellectual property rights or the intellectual property rights of others.
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability.
  • To submit false or misleading information.
  • To upload or transmit viruses or any other type of malicious code that will or may be used in a way that will affect the functionality or operation of the service or of any related website, other website or the internet.
  • To collect or track the personal information of others.
  • To spam, phish, pretext, spider, crawl or scrape.
  • To interfere with or dodge the security features of the service or any related website, other websites or the internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.

Use of our Website

These Terms are the only conditions that are applicable to the use of this website and they replace all other conditions, except with the express, prior written agreement of the Vendor. These Terms are important for both of us as they have been designed to create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business. You agree that, by placing your order, you unreservedly accept these Terms, having read them, you agree to the following:-

  • You may only use the website to make constitutional inquiries or orders.
  • You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
  • You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary.
  • If you do not give us all of the information that we need, we may not be able to complete your order.

By placing an order through the website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts. Note that use of the website is available only to persons who can form legally binding contracts. Persons who are incompetent to contract including minors, un-discharged insolvents etc. are not eligible to use the website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the THE CREATIVE DUKAAN website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the website. THE CREATIVE DUKAAN reserves the right to terminate your membership and / or refuse to provide you with access to the website if it is brought to our notice or if it is discovered that you are under the age of 18 years.

 

Modification of terms

THE CREATIVE DUKAAN reserves the right at all times to discontinue or modify any of our T&C and/or our Privacy Policy as we gauge necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this important notice containing our T&C and Privacy Policy or any other policy from time to time in order that you stay informed as to any such changes. If we make changes to our T&C and Privacy Policy and you continue to use the site, you are implicitly agreeing to the T&C and Privacy Policy expressed therein. Any such deletions or modifications shall be effective immediately upon THE CREATIVE DUKAAN’s posting thereof. Any use of the site by user after such notice shall be gauged to constitute acceptance by the user of such modifications.

 

Communication

The entire communication with us is electronic. Every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the newsletter on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting news, updates emails and/or on our website. We will communicate with you regarding the offers, discounts, new additions to our collection, promotions, feedback, etc.

 

User account of THE CREATIVE DUKAAN

By using www.thecreativedukaan.com, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. THE CREATIVE DUKAAN and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

When you upload photographs, designs, drawings, text or other content to THE CREATIVE DUKAAN, you keep your copyright and any other intellectual property rights you may have in the content. You also control the account settings that determine whether or not your content can be shared or sold through the site. In order to maintain and provide the site, THE CREATIVE DUKAAN is required to be able to copy, crop, modify, reproduce, display and distribute your content worldwide. THE CREATIVE DUKAAN will only perform these actions to the extent necessary to provide the site. By submitting content to, or utilizing, the site, you grant THE CREATIVE DUKAAN a royalty-free, non-exclusive, worldwide, transferable license to modify, copy, sell, display, distribute and create derivative works of the content and the goods created from or based on such content so long as such process is an essential step of the site. By default, all content uploaded to the site is not available to the public.

By uploading content to THE CREATIVE DUKAAN you represent and warrant that you have the lawful right to reproduce and distribute such content, the content does not violate any copyright, trademark, trade secret or other intellectual property right of any third party, the content complies with all applicable federal, state, and local laws, regulations and ordinances, the content does not invade any individual’s right of privacy or celebrity, the content is not unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libellous, tortuous, hateful, or racially, ethnically or otherwise objectionable

 

Access to password protected/secure areas

Access to and use of password protected and/or secure areas of the site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the site may be subject to prosecution.

 

How the contract is formed

The information set out in the terms and the detail contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any products shall exist between you and us until your order has been accepted by us. If we do not accept your order and you have already been charged, those will be fully refunded.
To place an order, you will be required to follow the shopping process online and press the "Authorize payment" button to submit the order. After this, you will receive an email from us acknowledging that we have received your order (“Confirmation”). Please note that this we will confirm the shipment by sending you an email that confirms the product has been dispatched (“Shipped”). The contract for the purchase of a product between us will only be formed when we send you the Shipment Confirmation.
THE CREATIVE DUKAAN holds the authority of checking the authenticity of order by call or email. On any dissatisfaction/authenticity/no response from customer of the order been placed, we hold the right to cancel the order.
The contract will relate only to those products whose dispatch we have confirmed in the Shipment Confirmation. We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipment Confirmation.

 

Product availability

We aim to keep every item on our website in stock. We don’t and cannot guarantee that a particular product will always be available. All orders for products are subject to availability and in this regard, in the event of supply difficulties or because the products are no longer in stock, we reserve the right to inform you about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will refund any money that you might have paid.

 

Product properties

  • The subtle variations in color, texture and finish are intrinsic to the fabrics, materials & print.
  • An irregular print or design is not a defect, by definition means uncertainty when it comes to uniformity.
  • We have done our best to display as accurately as possible the colors of the products shown on this web site via illustration images. However, because the colors you see will depend on your monitor/mobile display, we cannot guarantee that your monitor/mobile display of any color will be accurate.
  • Dark colors tend to run. Please refer to the washing instructions for apparels/products etc.
  • For more details regarding product details read the specifications in every product page.

 

License & site access

www.thecreativedukaan.com 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 content that you do not have a right to make available, 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 an unreasonable or disproportionately large load on THE CREATIVE DUKAAN's infrastructure, or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by THE CREATIVE DUKAAN to prevent or restrict access to the site. Any unauthorized use by you shall terminate the permission or license granted to you by THE CREATIVE DUKAAN. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of THE CREATIVE DUKAAN. You may not use any proprietary information including images, text, page layout, or form of THE CREATIVE DUKAAN without express written consent. You may not use any tags or any other hidden text utilizing our name or trademarks without the express written consent of THE CREATIVE DUKAAN.

 

Copyright

Content published on this website (digital downloads, images, texts, graphics, logos, data compilations, audio clips and software) is the property of THE CREATIVE DUKAAN or its content suppliers, creators are protected by copyright laws.

The entire compilation of the content found on this website i.e. Designs/Content/Illustrations/images or additional things is the exclusive property of THE CREATIVE DUKAAN. All software/processes/algorithm used on this site is the property of THE CREATIVE DUKAAN or its suppliers.

 

Product Description

THE CREATIVE DUKAAN always tries and attempts to be as accurate and as correct as possible. However, due to human error it may happen that the product descriptions or other content of this site, may not be accurate, complete, reliable, correct, or error free. If a product offered by THE CREATIVE DUKAAN itself is not as described, your sole remedy is to return it in unused condition with the original tags.

 

Refund/Return/Cancellation policy

Please refer to the all the individual policies available separately on the website.

 

Shipping & Payment Policy

Please refer to the all the individual policies available separately on the website.

 

Disclaimer of warranties & limitation of liability

All content, products, and services on the site, or obtained from a website to which the site is linked (a "linked site") are provided to you "as is" without warranty of any kind either expressed or implied including, but not limited to, the implied warranties of merchant ability and fitness for a particular purpose, title, non-infringement, security or accuracy. THE CREATIVE DUKAAN does not endorse and is not responsible for:-

  • The accuracy or reliability of any opinion, advice or statement made through the site by any party other than THE CREATIVE DUKAAN.
  • Any content provided on linked sites.
  • The capabilities or reliability of any product or service obtained from a linked site.

Other than as required under applicable consumer protection law, under no circumstance will THE CREATIVE DUKAAN be liable for any loss or damage caused by a user's reliance on information obtained through the site or a linked site, or user's reliance on any product or service obtained from a linked site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.

  • We do not warrant that this website will operate uninterrupted or error-free, that defects will be corrected or that this site or its server will be free of viruses or other harmful elements. As a user of this website, your access is undertaken at your own risk.
  • We shall not be liable for damages of any kind related to your use of or inability to use this website. If your use of this website or the site's material results in any costs or expenses, including, without limitation, the need for services or replacing equipment or data, we shall not be responsible for those costs or expenses.
  • We to the fullest extent permitted by law, disclaims all warranties, including the warranties of merchant ability, non-infringement of third party rights.
  • Although we strive to provide thorough and accurate content on this site, we make no warranties about the accuracy, reliability, completeness or timeliness of the content services, software, graphics and links.
  • We shall not be liable for any damages of any kind related to your use of this site.
  • Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

You agree to defend, indemnify and hold THE CREATIVE DUKAAN, its officers, directors, employees, agents, licensors and suppliers harmless from and against any and all losses, claims, damages, costs, liabilities and expenses, including attorneys' fees, arising from or related to your use of the site, your breach or alleged breach of these Terms and Conditions, your unauthorized use of the content or your violation of any rights of any other person.

 

Governing Law

Your access to this website, as well as these Terms of Use and the agreement they create, and the legal relations between you and us, will be governed by and construed in accordance with the laws of Vadodara, Gujarat, India. You irrevocably and unconditionally consent to the exclusive jurisdiction of Vadodara, Gujarat, India for any prosecution or dispute arising out of or relating to your access to this website and the agreement created thereby.

These Terms & Conditions and the relationship between you and THE CREATIVE DUKAAN shall be governed in accordance with the laws of India without reference to conflict of laws principles.

All claims, differences and disputes arising under or in connection with or in relation to the Terms & Conditions or any transactions entered into on or through the website or the relationship between you and THE CREATIVE DUKAAN shall be subject to the exclusive jurisdiction of the courts at Vadodara, Gujarat, India and you hereby relent to and accept the jurisdiction of such courts.

These terms and conditions constitute the entire agreement between you and THE CREATIVE DUKAAN with regard to your use of this website. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.

We may assign its rights and duties under this agreement to any party at any time without notice to you.

General terms of Offer/Promotions/Discount/Contests

Please refer to the terms and condition of the particular offer/promotion/discount/contest individually available on the website along with the information of the above.

 

Disputes

If any dispute arises between you and THE CREATIVE DUKAAN regarding your use of the website or your dealing with us in relation to any activity on the website, in connection with the validity, interpretation, implementation or breach of this agreement shall be construed and the legal relations between you and us hereto shall be determined and governed according to the laws of Vadodara, Gujarat, India.

Any provision of the Terms & Conditions and/or Privacy Policy including but not limited to the rules and policies contained herein, the dispute shall be subject to the exclusive jurisdiction to the Courts of Vadodara, Gujarat, India. Your obligations to pay the payment fees shall not be suspended during the pending of such proceedings.

 

Feedback

THE CREATIVE DUKAAN would always be happy to hear the flaws and strength so that we can improve ourselves and delivery the best to our customers the best experience of shopping at THE CREATIVE DUKAAN. We would treasure your feedback as an important assets of THE CREATIVE DUKAAN. Recommendations and suggestions are always welcomed open heatedly. You can leave your feedback at hello@thecreativedukaan.com

 

Termination

THE CREATIVE DUKAAN may terminate this agreement at any time. Without limiting the foregoing, we shall have the right to immediately terminate any passwords or accounts of the user in the event of any conduct by the user which THE CREATIVE DUKAAN, in its sole discretion, considers to be unacceptable, or in the event of any breach by the user of this agreement. Notwithstanding any other provisions of this T&C, or any general legal principles to the contrary, any provision of this T&C that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this T&C. Upon any termination of this agreement by either you or THE CREATIVE DUKAAN, your access to this website shall be denied , you must promptly destroy all materials downloaded or otherwise obtained from this website, as well as copies of such materials, whether made under the terms of these Terms & Conditions or otherwise. THE CREATIVE DUKAAN Contents Ownership, Comments, Feedback, Postcards and Other Submissions, Disclaimer of Warranties and Limitation of Liability, Indemnification, Termination and Applicable Law sections shall in all events survive any termination of these Terms and Conditions.

 

Privacy policy

Please refer to the privacy policy available separately on the website. You further consent that the terms and contents of such Privacy Policy are acceptable to you.

 

Newsletters & Communications

You hereby expressly agree to receive communications and newsletters from THE CREATIVE DUKAAN by sms, whatsapp and e-mails. You can unsubscribe / opt-out from receiving communications and newsletters at any time by following the procedure set forth in the newsletters.

 

Report abuse

In the event you come across any abuse or violation of the Terms or if you become aware of any objectionable content on the Website, please report to help@thecreativedukaan.com.

 

Misc.

If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor 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.
THE CREATIVE DUKAAN shall have no liability for any failure or delay resulting from any condition beyond the reasonable control of THE CREATIVE DUKAAN, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances. This Agreement will be governed by the laws of the state of Gujarat, India. THE CREATIVE DUKAAN may elect to resolve any controversy or claim arising out of or relating to these Terms or the site by binding arbitration in accordance with the commercial arbitration rules and you hereby agree to consent to such arbitration. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Vadodara, Gujarat, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Vadodara, Gujarat, India necessary to protect the rights or the property of you or THE CREATIVE DUKAAN (or its Representatives), pending the completion of arbitration.


From time to time THE CREATIVE DUKAAN may offer special promotional offers which may or may not apply to your THE CREATIVE DUKAAN account. To avail of such promotional offers, you agree to be bound by any additional terms and conditions for these special offers which are laid down by THE CREATIVE DUKAAN. The terms and conditions and the relationship between you and THE CREATIVE DUKAAN will be governed by the laws as applicable in India. Any disputes will be handled in the competent courts of Vadodara, Gujarat, India. The failure of THE CREATIVE DUKAAN to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. THE CREATIVE DUKAAN does not guarantee it will take action against all breaches of the terms and conditions. Except as otherwise expressly provided in the terms and conditions, there shall be no third-party beneficiaries to it. Terms and conditions constitutes the entire agreement between you and THE CREATIVE DUKAAN and governs your use of the site, replace any prior agreements between you and THE CREATIVE DUKAAN with respect to the site.

 

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