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.
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
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.
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.
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.
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
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.
· 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
· 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
Your obligations to pay the Payment Fees shall not be suspended during the pendency of such proceedings.
Any grievances you have by way of use of the website can be addressed by reaching out to us via email : firstname.lastname@example.org
The ‘Customer Care’ shall thereafter consider the same and provide a response within one month of the date of such complaint/ grievance
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.