Terms & conditions
These Terms and Conditions outline the rules and regulations for the use of Pantha Lifestyle, located in our App, Pantha (hereinafter referred to as app/mobile application). By accessing this app & website we assume you accept these terms and conditions. Do not continue to use Pantha Lifestyle’s app & website if you do not agree to take all of the terms and conditions stated on this page.
In these terms and conditions, the terms, "Service Provider(s)" mean independent third-party service providers, and the terms “company”, "we", "us" and "our" shall mean Pantha Lifestyle LLP and its affiliates. Whereas the terms “seller”, “buyer” “user”, “you” and “your” includes and refers to the person compliant with our terms and conditions and logging on to this app.
The use of this app & website is offered to you on the condition of your acceptance of all the terms contained in these Terms and Conditions, as may be posted on the app & website from time to time. In the event that we modify these terms and conditions we reserve the sole discretion to notify you of such modification. We also reserve the right to not accept a user from registering on the app without assigning any reason thereof.
All terms referring to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to you in the most appropriate manner for the express purpose of meeting your needs in respect of provision of our stated services, shall be in accordance with and subject to the prevailing laws and rules of India. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
1. About the Company and our Services
Pantha Lifestyle LLP is an an e-commerce company and online fashion community, incorporated under the laws of India, for buying and selling surplus fashion and accessories enabling the users to buy clothes or other products on our platform.
2. User Account, Password, and Security
You may choose to sign in to our app & website using your existing mobile number. Alternatively, you may sign in by creating a Pantha Lifestyle account and signing up with our app & website directly (when such option is made available in our app & website). You are responsible for maintaining the confidentiality of such password and account, and are fully responsible for all activities that occur under your password or account. We cannot and will not be liable for any loss or damage arising from your failure to safeguard your credentials. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mail or phone calls from us with respect to your order.
3. Services Offered
You agree, understand and acknowledge that the app & website is an online platform that enables you to purchase products listed on the app & website at the price indicated therein at any time from any location in India. The selling of products shall be additionally governed by specific policies of sell, like cancellation policy, return policy, etc., and all of which are incorporated here by reference. In addition, these terms and policies may be further supplemented by product specific conditions, which may be displayed on the webpage of those products.
The pricing of each product on our app or website will be determined by us. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation.
5. Cancellation by Us
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include inaccuracies or errors in product(s) or pricing information, or any defect regarding the quality of the product(s) or any questions related to authentication. We may also require additional verification's or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit/debit card, wallets or Internet Banking has been charged, the said amount will be reversed back to you through the same payment method as utilized by you or your net banking partner.
6. Cancellations by the User
In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed by us, we shall cancel the order and refund the entire amount. A request for cancellation of order shall be valid and accepted only till the order has not been shipped. The user agrees not to dispute the decision made by us and accepts our decision regarding the cancellation. Frequent cancellations by any particular User opting COD basis of payment may compel us to bar/blacklist the said User from using the COD option of payment and our decision would stand final. Please refer to our cancellation policy for further details.
7. Credit /Debit Card Details
You agree, understand and confirm that the credit/debit card & wallet details provided by you for availing of services on the app will be genuine and authentic and you shall not use the credit/debit card and/or wallet which are not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit/debit card details to our payment gateway partners. Further you understand and acknowledge that the said information will not be stored or utilized by us in any way whatsoever except for the provision of our services to you. We will not be liable for any credit/debit cards, wallets or net banking related fraud or breach of financial information, and such liability will rest on either the payment gateway partner or you, depending on the facts and circumstances of each such case. The liability for use of any cards/wallets/net banking fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
You shall to the fullest extent indemnify and hold harmless the Company, its subsidiaries and affiliates, and their respective officers, directors, shareholders, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of these terms and conditions, or the documents it incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.
9. Invoicing & Taxation
The price of our merchandise displayed on the app is inclusive of taxes. Any GST that is required to be paid by us, will be paid as per statute.
We strive to deliver the products to users within 3-5 working days from the day of close of sale depending upon the shipping location. However, the exact delivery status would depend on the user’s location. The delivery time to users is also subject to the logistic infrastructure at their location. Other factors include delay in delivery through the courier partner, transporters ’strike etc. We would require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. We are not responsible for any delays caused by third party delivery agencies and/or due to 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: (i) unavailability of the relevant product; (ii) poor/improper/defective quality of the relevant product ascertained through our quality audit process; and, (iii) 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 herein above and the payment for such order(s) has been made by you through your credit/debit card, wallet or internet banking, the amount paid by you while placing the order(s) on the app will be reversed back to you through the same payment method as utilized by you. No refunds shall be applicable on the orders made by the users under the Cash on Delivery (“COD”) option. (iv) If you have placed the order at the end of the day, your order shall be processed on the next working day. If your order is received on the weekend (Saturday & Sunday) or on a holiday in the state of Maharashtra, your order shall be processed on Monday or on the next working day, accordingly.
11. Returns & Refunds
We have a separate policy for Return and Refunds. Kindly refer the same within the app & website itself.
13. Access to Pantha Lifestyle
We will do our utmost to ensure that the availability of our app & webiste will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the app & website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction. Furthermore, we will not be held responsible for non-availability of the app & website during periodic maintenance operations or any unplanned suspension of access to the app & website that may occur due to technical reasons or for any reason beyond our control.
14. Usage and Licence for App Access
We grants you a limited license to access and make personal use of this app or website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Pantha Lifestyle LLP and / or its affiliates, as may be applicable. This license does not include any resale or commercial use of this app or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this app or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools. This app or any portion of this app (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Pantha Lifestyle LLP and / or its affiliates, as may be applicable. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Pantha Lifestyle LLP and its affiliates without express written consent. You may not use any of our logo(s) or other proprietary graphic or trademark as part of the link without express written consent of the company. The user agrees and undertakes not to reverse engineer, modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the app. Limited reproduction and copying of the content of the app is permitted provided that Pantha Lifestyle LLP’s name is stated as the source and it is only by taking prior written permission from Pantha Lifestyle LLP. Copying of the content from the app for commercial or non-commercial purposes and unwarranted modification of data and information is not permitted.
15. Registering on our Platform
If you wish to purchase online, we ask you to complete some basic details such as your name, phone number, e-mail address and address. We ask you for your e-mail address and phone number so that we can contact you about your order and send offers. If you want to purchase any of your items, registration on our app or website is necessary.
16. Your Conduct: Reviews, Comments, Communications and Other Content
Users of this app may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content, we reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of Pantha Lifestyle LLP, violates these conditions of use and we may terminate your permission to access or use this app & website. You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree and undertake to use the app and the service only to post and upload product and images that are authentic. By way of example, and not as a limitation, you agree and undertake that when using our service, you will not:
(a)offend, fault, harass, stalk, threaten or otherwise violate the legal rights of others;
(b)publish, post, upload, distribute or disseminate any inappropriate, abusive, detracting, infringing, obscene, immoral or lawless topic, name, material or information;
(c)upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary permission;
(d)upload or circulate files that contain viruses, those are corrupt, or any other similar software or programs that may bruise the our platform’s functioning or another's computer or mobile device;
(e)plan or forward surveys, contests, pyramid schemes or chain letters;
(f)download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
(g)distort 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;
(h)breach any code of conduct or some other keys, which may be applicable for or to any particular service;
(i)breach any applicable laws or regulations for the time being in force in or outside India;
(j)breach, abuse, improperly cheat or exploit, any of the terms and conditions of these Terms and Conditions or any other terms and conditions for the use of the app contained anywhere else.
17. Copyright, Author’s Rights and Database Rights
All content included on the app & website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Pantha Lifestyle LLP, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. All software used on this app & website is the property of Pantha Lifestyle LLP its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.
18. Intellectual Property Rights
a) Unless otherwise registered or anything contained to the contrary or any proprietary material owned by a 3rd party and so precisely quoted, we own all Intellectual Property Rights to and into the app, including, without any limitation, any and all rights, title and interest in and to copyright, related rights, concession, 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, description, graphics, icons, and links. You should acknowledge and agree that you will not use any of them without having prior permission and authorization from Pantha Lifestyle LLP.
b) Notwithstanding the foregoing, it is easily quoted that you will retain ownership and will be fully responsible for any content that you provide or upload with us, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various services.
19. Disclaimer Of Warranties/Limitation of Liability
In no event shall Pantha Lifestyle LLP be liable for any direct, indirect, punitive, incidental, special, considerable damages or any other damages resulting from: (a) the use or the inability to use the Services or Products; (b) illegal access to or modification of the user's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the app or services.
(a) We may append or terminate your use of the app or any service if it believes, in its sole and absolute deliberation that you have breached, violated, abused, or unconditionally manipulated or exploited any term of these terms or conditions or anyway otherwise acted criminally.
(b) If we or you, terminate your use of the app or any of the services offered by us, we may delete any content or other materials relating to your use of the services and we will have no liability to you or any third party for doing so. (c) You shall be liable to pay for any service or product that you have already ordered till the time of termination by either party whatsoever.
You acknowledge and undertake that you are accessing the services on the app and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the app. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the app. While we have taken precautions to avoid inaccuracies in content, this app, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the app. At no time shall any right, title or interest in the products sold through or displayed on the app vest with us nor shall we have any obligations or liabilities in respect of any transactions on the app. Nothing in this disclaimer will: (a) limit or exclude our or your liability for death or personal injury; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law. The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty. As long as the app and the information and services on the app are provided free of charge, we will not be liable for any loss or damage of any nature.
22. Force Majeure
Neither you nor us will be deemed to have any liability whatsoever to the other or to any third party for any failure of performance hereunder occasioned by an act of God, force of nature, war or warlike activity, insurrection or civil commotion, labour dispute, transportation delay, governmental regulatory action whether or not with proper authority or other cause similar or dissimilar to the foregoing and beyond its reasonable control, provided the affected party gives prompt notice to the other party.
23. Dispute Resolution
If any provision of the terms and conditions is determined to be invalid or unenforceable 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 and conditions shall continue to be in full force and effect.
25. Grievance Officer
In compliance with Information Technology Act, 2000 and the rules made there under, the Grievance Officer of Pantha Lifestyle for the purpose of this Agreement shall be Saurabh Pansare with email address firstname.lastname@example.org. Pantha Lifestyle may change the aforesaid details from time to time. If you have any questions or comments about these terms and conditions or this app, please contact us by email at email@example.com.
26. 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 courts in MUMBAI.