PRIVACY
We view
protection of your privacy as a very important principle. We understand clearly
that You and Your Personal Information is one of our most important assets. We
process your personal data as per our privacy policy.
ELECTRONIC COMMUNICATIONS
When you
use any of our Services, or send e-mails to us, you are communicating with us
electronically. You by using our services consent to receive communications
from us electronically. We will communicate with you by e-mail or by posting
notices on this site or through other Services. You agree that all agreements,
notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in
writing. The legal requirements would be in conformity with the Indian
Information Technology Act, 2000 and rules there under as applicable and the
amended provisions pertaining to electronic records in various statutes as
amended by the Information Technology Act, 2000.
INTELLECTUAL PROPERTY RIGHTS
Trademark,
Copyright and Restriction
·
This site
is controlled and operated by Lil Peacock and products are sold by Peacock
Design House. All material on this site, including, but not limited to, designs
of products, images, illustrations, audio and video clips, are protected
by copyrights, trademarks, and other intellectual property rights.
·
Material
on Website is solely for Your personal, non-commercial use. You must not copy,
reproduce, republish, upload, post, transmit, distribute, create derivative
works, or in any way exploit, any of the content, in whole or in part,
including by email or other electronic means and whether directly or indirectly
and You must not assist any other person to do so.
·
Without
the prior written consent of the owner, modification of the materials, use of
the materials on any other website or networked computer environment or use of
the materials for any purpose other than personal, non-commercial use is a
violation of the copyrights, trademarks and other proprietary rights, and is
prohibited. Any use for which You receive any remuneration, whether in money or
otherwise, is a commercial use for the purposes of this clause.
·
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.
TRADEMARK COMPLAINT
Lil
Peacock respects the intellectual property of others. In case You feel that
Your Trademark has been infringed, You can write to us at onlinesales@ lilpeacock.com
USER RESPONSIBILITY AND REGISTRATION OBLIGATIONS
Membership
Eligibility
Use of
the Website is available only to persons who can form legally binding contracts
under Indian Contract Act, 1872. Persons who are "incompetent to
contract" within the meaning of the Indian Contract Act, 1872 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 Lil Peacock 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. Lil Peacock reserves the
right to terminate your membership and / or refuse to provide you with access
to the Website if it is brought to Lil Peacock 's notice or if it is discovered
that you are under the age of 18 years.
Your
Account and Registration Obligations
You are
solely responsible for maintaining the confidentiality of your User ID and
Password. You are responsible for all activities that occur under your User ID
and Password.
You
agree, inter-alia, to provide true, accurate, current and complete information
about yourself as prompted by Website registration form or provided by You as a
Visitor or user of a third party site through which You access the Website. If
you provide any information that is untrue, inaccurate, not current or
incomplete or we have reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, or not in accordance with the
User Agreement, Lil Peacock has the right to indefinitely suspend or terminate
or block access of your membership with the Website and refuse to provide you
with access to the Website.
You
undertake not to host, display, upload, modify, publish, transmit, update or
share any information that is contained on the website that: belongs to another
person and to which you does not have any right to; is grossly harmful,
harassing, blasphemous; defamatory, obscene, pornographic, paedophilic,
libellous, 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;
violates any law for the time being in force; deceives or misleads the
addressee about the origin of such messages or communicates any information
which is grossly offensive or menacing in nature; impersonate another person;
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
resource; threatens the unity, integrity, defence, security or sovereignty of
India, friendly relations with foreign states, or public order or causes
incitement to the commission of any cognisable offence or prevents
investigation of any offence or is insulting any other nation.
That in
case it is found that you are in violation of these express conditions, you
shall be solely responsible and shall face all legal consequences of the same
by yourself and that Lil Peacock shall in no manner be held responsible for the
same.
CHARGES
Membership
on the Website is free for buyers. Lil Peacock does not charge any fee for
browsing on the Website. Lil Peacock reserves the right to change its Fee
Policy from time to time. In particular, Lil Peacock may at its sole discretion
introduce new services and modify some or all of the existing services offered
on the Website. Changes to the Fee Policy shall be posted on the Website and
such changes shall automatically become effective immediately after they are
posted on the Website. Unless otherwise stated, all fees shall be quoted in
Indian Rupees.
You shall
be solely responsible for compliance of all applicable laws including those in
India for making payments to Peacock Design House.
PRODUCT DESCRIPTION
Lil
Peacock does not warrant that Product description or other content of this
Website is accurate, complete, reliable, current, or error-free and assumes no
liability in this regard.
BILLING
The price
of our merchandise as mentioned on Lil Peacock.com is the Maximum Retail Price
(MRP) for the said product.
Such MRP
shall be inclusive of all local taxes as are applicable in India. Additional
applicable taxes may be charged depending upon the destination where the order
has to be shipped to.
The tax
rate applied and charged upon the order shall include combined tax rate for
both state and local tax rates in accordance with the address where the order
is being shipped.
Lil
Peacock reserves the right to collect taxes and/or such other levy/ duty/
surcharge that it may have to incur in addition to the normal taxes it may have
to pay.
We may
also charge delivery Charges which may include postal charges / shipment
charges etc. That may be applicable for your country.
SHIPPING & PROCESSING FEE
Our
shipping and processing charges are intended to compensate Lil Peacock for the
cost of processing your order, handling and packing the products you purchase
and delivering them to you. For further information please refer to our
Shipping &
Payment
PAYMENT
While
availing any of the payment method/s available on the Website, we will not be
responsible or assume any liability, whatsoever in respect of any loss or
damage arising directly or indirectly to You due to:
1. Lack
of authorization for any transaction/s, or
2.
Exceeding the pre-set limit mutually agreed by You and between
"Bank/s", or
3. Any
payment issues arising out of the transaction, or
4.
Decline of transaction for any other reason/s
All
payments made against the purchases /services on lilpeacock.com by you shall be
as against the MRP/Sale Price displayed on the website and shall be in terms
and conditions of the third party Online Payment Gateway Services as adopted
and applicable to your transaction as approved by Lil Peacock.
Before
shipping your order to you, we may request you to provide supporting documents
(including but not limited to Govt. Issued ID and address proof) to establish
the ownership of the payment instrument used by you for your purchase. This is
done so as to ensure a safe and a full proof online shopping environment to our
users.
All
payments made against the purchases/services on Website by you shall be
compulsorily in Indian Rupees acceptable in the Republic of India. Website will
not facilitate transaction with respect to any other form of currency with
respect to the purchases made on Website.
Further:
·
You have
specifically authorized Lil Peacock or its service providers to collect,
process, facilitate and remit payments and / or the Transaction Price
electronically or through Cash on Delivery to and from other Users in respect
of transactions through Payment Facility.
·
You
understand, accept and agree that the payment facility provided by Lil Peacock
is neither a banking nor financial service but is merely a facilitator
providing an electronic, automated online electronic payment, receiving payment
through Cash On Delivery, collection and remittance facility for the
Transactions on the Lil Peacock Website using the existing authorized banking
infrastructure and Credit Card payment gateway networks. Further, by providing
Payment Facility, Lil Peacock is neither acting as trustees nor acting in a
fiduciary capacity with respect to the Transaction or the Transaction Price.
Payment
Facility for Buyers:
• You, as
a Buyer, understand that upon initiating a Transaction You are entering into a
legally binding and enforceable contract with Lil Peacock to purchase the
products and /or services from Lil Peacock using the Payment Facility, and You
shall pay the Transaction Price through Your Issuing Bank to Lil Peacock using
Payment Facility.
• You, as
a Buyer, understand that the Payment Facility may not be available in full or
in part for certain category of products and/or services and/or Transactions as
mentioned in the Policies and hence You may not be entitled to a refund in
respect of the Transactions for those products and /or services
Lil
Peacock reserves the right to impose limits on the number of Transactions or
Transaction Price which Lil Peacock may receive from on an individual Valid
Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or
any other financial instrument directly or indirectly through payment
aggregator or through any such facility authorized by Reserve Bank of India to
provide enabling support facility for collection and remittance of payment or
by an individual Buyer during any time period, and reserves the right to refuse
to process Transactions exceeding such limit.
Lil
Peacock reserves the right to refuse to process Transactions by Buyers with a
prior history of questionable charges including without limitation breach of
any agreements by Buyer with Lil Peacock or breach/violation of any law or any
charges imposed by Issuing Bank or breach of any policy.
Lil
Peacock may do such checks as it deems fit before approving the receipt
of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction
Price from the Buyer for security or other reasons at the discretion of Lil
Peacock. As a result of such check if Lil Peacock is not satisfied with the
creditability of the Buyer or genuineness of the Transaction / Transaction
Price, it will have the right to reject the receipt of / Buyers commitment to
pay Transaction Price.
If the
same buyer refuses for a cash on delivery order twice in a row, then Cash on
delivery service shall be no longer available on the same shipping
address/buyer.
Lil
Peacock may delay notifying the payment confirmation, if Lil Peacock deems
suspicious or for Buyers conducting high transaction volumes to ensure safety
of the Transaction and Transaction Price. In addition, Lil Peacock may hold
Transaction Price and Lil Peacock may not Dispatch or remit Transaction Price
to law enforcement officials (instead of refunding the same to Buyer) at the
request of law enforcement officials or in the event the Buyer is engaged in
any form of illegal activity.
The Buyer
acknowledges that Lil Peacock will not be liable for any damages, interests or
claims etc. resulting from not processing a Transaction/Transaction Price or
any delay in processing a Transaction/Transaction Price which is beyond control
of Lil Peacock.
Compliance
with Laws:
Buyer
shall comply with all the applicable laws (including without limitation Foreign
Exchange Management Act, 1999 and the rules made and notifications issued there
under and the Exchange Control Manual as may be issued by Reserve Bank of India
from time to time, Customs Act, Information and Technology Act, 2000 as amended
by the Information Technology (Amendment) Act 2008, Prevention of Money
Laundering Act, 2002 and the rules made thereunder, Foreign Contribution
Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and
the rules made there under, Export Import Policy of government of India)
applicable to them respectively for using Payment Facility and Lil Peacock
Website.
Buyer's
arrangement with Issuing Bank:
All Valid
Credit / Debit/ Cash Card/ and other payment instruments are processed using a
Credit Card payment gateway or appropriate payment system infrastructure and
the same will also be governed by the terms and conditions agreed to between
the Buyer and the respective Issuing Bank and payment instrument issuing
company.
All
Online Bank Transfers from Valid Bank Accounts are processed using the gateway
provided by the respective Issuing Bank which support Payment Facility to
provide these services to the Users. All such Online Bank Transfers on Payment
Facility are also governed by the terms and conditions agreed to between Buyer
and the respective Issuing Bank.
DELIVERY
Lil
Peacock endeavours but does not guarantee delivery of products in the
stipulated time period as mentioned on the purchase of the product. In no
manner can the contract be repudiated if Lil Peacock fails to deliver any one
or more products in the stipulated time frame.
You can
return the goods if the product failed to reach you in the stipulated time. A
full refund shall be credited back to you.
If you
fail to take the delivery of the goods, Lil Peacock may at its discretion
charge you for additional shipping cost.
In the
event we are unable to deliver such Products due to implications of different
territorial laws, we will return or will give credit for the amount (if any)
received in advance by us from the sale of such Product that could not be
delivered to You. It is YOUR responsibility to ensure that the products
purchased on this website is not restricted in your territory. Lil Peacock
shall not be responsible for any non-compliance with regard to the local laws
of that territory for any product available on this website.
ORDER CANCELLATION BY LIL PEACOCK OR NON DELIVERY OF ORDER
Due to
unavoidable circumstances there may be times when certain orders having been
validly placed may not be processed or capable of being dispatched.
Lil
Peacock reserves the exclusive right to refuse or cancel any order for any
reason. Some situations that may result in your order being cancelled shall
include limitations on quantities available for purchase, inaccuracies or
errors in product or pricing information, problems identified by our credit and
fraud avoidance department or any defect regarding the quality of the product.
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 cancelled
or if additional information is required to accept your order.
If your
order is cancelled after your credit card/ debit card/ any other mode of
payment has been charged, the said amount will be reversed into your Account/
as the case may be to the source of the payment within a period of 30 working
days. Any type of voucher used in these orders shall be returned and made
available to the user in case of cancellation by Lil Peacock
REFUNDS & RETURNS
Prefer to
our Refund and Replacement Policy.
Mode of
Refund
·
Except
for Cash On Delivery transaction, refund, if any, shall be made at the same
Issuing Bank from where Transaction Price was received.
·
For Cash
On Delivery transactions, refunds, if any, will be made via bank transfer in
favour of the Buyer (As per details provided by the Buyer)
·
Refund
shall be made in Indian Rupees only and shall be equivalent to the Transaction
Price received in Indian Rupees.
·
For
electronics payments, refund shall be made through payment facility using NEFT
/ RTGS or any other online banking / electronic funds transfer system approved
by Reserve Bank India (RBI).
·
Refund
shall be conditional and shall be with recourse available to Lil Peacock in
case of any misuse by Buyer.
·
Refund
shall be subject to Buyer complying with Policies.
DAMAGED GOODS RECEIVED
Lil
Peacock shall make all endeavours to deliver defect free products to the
purchasers.
If at the
time of delivery and/or within 2 days from the date of delivery of the
product/s, if any defect is found due to the below mentioned reasons :
1. Item
was defective
2. Item
was damaged during the Shipping
3.
Products was / were missing
4. Wrong
item was sent by Lil Peacock.
then the
buyer of the product/s can ask for replacement of the product/s from Lil
Peacock subject to the following terms and conditions:
1. Notify
Lil Peacock of any defects in the product/s at the time of delivery of the
product/s and/or within 2 days from the date of delivery and the same product/s
will be replaced in return of the defective product/s. . Any
communication received after 48 hours of delivery shall not qualify for return.
2.
Replacement can be for the entire product/s or part/s of the product subject to
availability of the same with Lil Peacock.
PRODUCT DESCRIPTIONS
Products
displayed on Lil Peacock attempts to be as accurate as possible. However, Lil
Peacock does not warrant that product descriptions or other content is
accurate, complete, reliable, current, or error-free. If a product offered by Lil
Peacock is not as described, your sole remedy is to contact Lil Peacock within
48 hours of receipt and Lil Peacock riser vest the right to provide a solution
as per its discretion. Lil Peacock is not liable to issue any refunds or allow
exchanges and/or returns as a matter of policy.
PRODUCT COMPLIANCE
Products
displayed/ sold on the Lil Peacock website are manufactured/ procured as per
the applicable Local Laws of India and are in conformity with the required
Indian industry standards.
PRODUCT PRICING DISCLAIMER
The
Prices displayed on our website may differ from prices that are available in
stores/other sale channels. Further the prices displayed in our catalogues are
quotes which may vary from country to country for the same product. Prices
shown on the website both for India and in other International Countries are
subject to change without prior notice. These prices only reflect the MRP and
do not include shipping and taxes which may be extra as applicable.
INACCURACY DISCLAIMER
From time
to time there may be information on our Website or in our catalogue that may
contain typographical errors, inaccuracies, or omissions that may relate to
product descriptions, pricing, and availability. Lil Peacock reserves the right
to correct any errors, inaccuracies or omissions and to change or update
information at any time without prior notice.
WARRANTIES & LIABILITY
Lil
Peacock makes no representations or warranties of any kind, express or implied,
as to the operation of the services, or the information, content, materials,
products (including software) or other services included on or otherwise made
available to you through Lil Peacock, unless otherwise specified in writing.
You expressly agree that your use of the website is at your sole risk.
Lil
Peacock does not warrant that this Website will be constantly available, or
available at all or that any information on this Website is complete, true,
accurate or non-misleading.
We will
not be liable to you in any way or in relation to the Contents of, or use of,
or otherwise in connection with, the Website. You acknowledge, by your use of
this Website, that your use of this Website is at your sole risk, that you
assume full responsibility for all risks associated with all necessary
servicing or repairs of any equipment you use in connection with your use of
this Website, and that Lil Peacock shall not be liable for any damages of any
kind related to your use of this Website.
Though Lil
Peacock shall make all endeavour to protect its websites from any viruses or
other illegal use of its website. However we do not warrant that this site;
information, Content, materials, product (including software) or services
included on or otherwise made available to You through the Website; its
servers; or electronic communication sent from us are free of viruses or other
harmful components. Nothing on Website constitutes, or is meant to constitute,
advice of any kind.
Lil
Peacock will not be liable for any damages of any kind arising from the use of
any service, or from any information, content, materials, products (including
software) or other services included on or otherwise made available to you
through the website, including, but not limited to direct, indirect,
incidental, punitive, and consequential damages, unless otherwise specified in
writing.
INDEMNITY
You agree
to defend and indemnify Lil Peacock (and its officers, directors, agents,
subsidiaries, affiliates, joint ventures, and employees) from and against all
third party claims, suits, damages, claims and losses, including but not
limited to reasonable attorneys’ fees, or arising out of or related to your
breach of this T&C, or your violation of any law or the rights of a third
party or any damage to life and/or property caused by the products delivered.
BREACH
If Lil
Peacock has suspicion or knowledge, that any of its buyers are involved in any
activity that is intended to provide claims or information that is false,
misleading or not genuine, then Lil Peacock may while reserving its rights to
initiate civil and/or criminal proceedings against member may also at its sole
discretion suspend, block, restrict, cancel the Display Name of such buyer and
/or disqualify that user and any related users from availing protection through
this program.
Lil
Peacock reserves its right to initiate civil and/or criminal proceedings
against a user who, files a invalid and/or false claims or provides false,
incomplete, or misleading information. In addition to the legal proceedings as
aforesaid, Lil Peacock may at its sole discretion suspend, block, restrict,
cancel the Display Name [and its related Display Names] of such user and/or
disqualify that user and any related users from availing protection through
this program. Any person who, knowingly and with intent to injure, defraud or
deceive, files a Fraudulent Complaint containing false, incomplete, or
misleading information may be guilty of a criminal offence and will be
prosecuted to the fullest extent of the law.
In the
event you are found to be in breach of the Terms of Use or Privacy Policy or
other rules and policies or if we are unable to verify or authenticate any
information you provide or if it is believed that your actions may cause legal
liability for you, other users or us, without limiting to the present, without
prior notice immediately limit your activity, remove your information,
temporarily/indefinitely suspend or terminate or block your membership, and/or
refuse to provide you with access to this Website. Any user that has been
suspended or blocked may not register or attempt to register with us or use the
Website in any manner whatsoever until such time that such user is reinstated
by us.
Notwithstanding
the foregoing, if you breach the Terms of Use or Privacy Policy or other rules
and policies, we reserve the right to recover any amounts due and owing by you
to us and to take strict legal action including but not limited to a referral
to the appropriate police or other authorities for initiating criminal or other
proceedings against you.
Any
breach of any applicable local laws of that territory shall also result in,
without prior notice immediately limit your activity, remove your information,
temporarily/indefinitely suspend or terminate or block your membership, and/or
refuse to provide you with access to this Website.
SEVERABILITY
We
reserve the right to make changes to our site, policies, Service Terms, and
these Conditions of Use at any time. If any of these conditions shall be deemed
invalid, void, or for any reason unenforceable, that condition shall be deemed
severable and shall not affect the validity and enforceability of any remaining
condition.
WAIVER
The
failure by Lil Peacock to enforce at any time or for any period any one or more
of the terms or conditions of the Agreement shall not be a waiver by Lil
Peacock of them or of the right any time subsequent to enforce all Terms and
Conditions of this agreement.
FORCE MAJEURE
Failure
on the part of Lil Peacock to perform any of its obligations and the
non-furnishing of the Service, shall not entitle you to raise any claim against
Lil Peacock or be a breach hereunder to the extent that such failure arises
from an event of Force Majeure. If through force Majeure the fulfilment by
either party of any obligation set forth in this Agreement will be delayed, the
period of such delay will not be counted on in computing periods prescribed by
this Agreement. Force Majeure will include any war, civil commotion, strike, governmental
action, lockout, accident, epidemic or any other event of any nature or kind
whatsoever beyond the control of Lil Peacock that directly or indirectly
hinders or prevents Lil Peacock from commencing or proceeding with consummation
of the transactions contemplated hereby. You expressly agree that lack of funds
shall not in any event constitute or be considered an event of Force Majeure.
DISPUTES VIA CHARGEBACK
Whenever
a chargeback (CB) comes from a payment gateway/bank, following situations may arise:
·
Item not
received CB - Buyer hasn't received the item. Refund will be created in
accordance with the dispute policies
·
Unauthorized
CB - Buyer hasn't made this particular transaction. Refund will be created in
accordance with the dispute policies.
·
Issuing
the correct and complete invoice is the sole and primary responsibility of Lil
Peacock.
·
Item not
as described - meaning item is not what Buyer expected. Dispute will be decided
in accordance with the dispute policies.
EMAIL ABUSE & THREAT POLICY
Private
communication, including email correspondence, is not regulated by Lil Peacock.
Lil Peacock encourages its Users to be professional, courteous and respectful
when communicating by email.
However, Lil
Peacock will investigate and can take action on certain types of unwanted
emails that violate Lil Peacock policies.
Such
instances:
·
Threats
of Bodily Harm - Lil Peacock does not permit Users to send explicit threats of
bodily harm.
·
Misuse of
Lil Peacock System - Lil Peacock allows Users to facilitate transactions
through the Lil Peacock system, but will investigate any misuse of this
service.
·
Spoof
(Fake) email - Lil Peacock will never ask you to provide sensitive information
through email. In case you receive any spoof (fake) email, you are requested to
report the same to Us through 'Contact Us' tab.
·
Spam
(Unsolicited Commercial email) - Lil Peacock 's spam policy applies only to
unsolicited commercial messages sent by Lil Peacock Users. Lil Peacock Users
are not allowed to send spam messages to other Users.
·
Offers to
Buy or Sell Outside of Lil Peacock - Lil Peacock prohibits email offers to buy
or sell listed products outside of the Lil Peacock Label. We do not resell
white labelled goods. Offers of this nature are a potential fraud risk for
Buyers.
·
Lil
Peacock policy prohibits user-to-user threats of physical harm via any method
including, phone, email and on Our public message boards.
Violations
of this policy may result in a range of actions, including:
* Limits
on account privileges
* Account
suspension
*
Cancellation of listings
* Loss of
special status
DISPUTE RESOLUTION
Terms of
Use shall be governed by and interpreted and construed in accordance with the
laws of India. The place of jurisdiction shall be exclusively in the courts of
New Delhi.
Your
obligations to pay the Payment Fees shall not be suspended during the pendency
of such proceedings.
GRIEVANCE
Any
grievances you have by way of use of the website can be addressed by reaching
out to us via email : onlinesales@lilpeacock.com
The
‘Customer Care’ shall thereafter consider the same and provide a response
within one month of the date of such complaint/ grievance
GOVERNING LAW
These
Terms and Conditions or the documents of third party payment channels shall be
governed and construed in accordance with the laws of India.
This
document is an electronic record in terms of Information Technology Act, 2000
and the amended provisions pertaining to electronic records in various statutes
as amended by the Information Technology Act, 2000.