LILSTA TERMS AND CONDITIONS

This document constitutes an electronic record within the meaning of the Information Technology Act, 2000 and applicable rules mdae thereunder, as amended from time-to-time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Introduction

Welcome to lilsta.com ("Website" or "Lilsta.com"). The Website is an online service owned and operated by, and provided by, Lilsta Retail Private Limited ('Lilsta'). Lilsta’s registered office is located at Pride Hulkul building, No. 116, Lalbagh Road, 1st Floor, 105, Bangalore – 560027, Karnataka

Your use of the Website constitutes acceptance of these terms and conditions, as revised from time-to-time (the “Terms”). Lilsta strongly recommends, therefore, that you carefully read the Terms before you use the Website.

Any queries about the Terms, or comments or complaints about the Website may be sent to Lilsta at contactme@lilsta.com. You could also speak with an authorized Lilsta representative on 080-22220102. A representative will be available at the above phone number between 10:00 to 17:00 IST).

Lilsta reserves the right to change the Terms from time to time. While Lilsta will endeavour to draw your attention to any revisions, it is not possible to individually convey the revisions to each user. We encourage you to visit this page as often as possible, to keep yourself abreast of revisions to the Terms.

These terms and conditions supersede all previous representations, understandings, or agreements. However, any additional terms and conditions shall imposed in respect of any transaction shall be binding. To the extent of any contradictions amongst these Terms and such additional terms, the latter shall prevail.

Ownership of rights

All rights, including copyrights, in the Website and all materials and information contained on the Website, are owned by or licensed to Lilsta. Any use of the Website or its contents including copying or storing the same or any part thereof, save for personal, non-commercial purposes, is prohibited.

Accuracy of content

Lilsta has taken appropriate precautions in the preparation of the content of the Website to ensure that the content is accurate. Lilsta also constantly endeavours to update all quoted prices, to ensure that they are correct at time of publishing.

Lilsta also makes every possible effort to display all colours of Products as accurately as possible. However, the depiction of colours is affected by the display device used by you, and Lilsta cannot guarantee that the colour that you see on your display is identical to the colour of the product received by you, on purchase.

All weights, dimensions and capacities of Products are approximate only. To the extent permitted by applicable law, Lilsta disclaims all warranties, express or implied, regarding the accuracy of the information contained in any of the materials on this Website. Lilsta shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website.

Access to the Website

Your rights to access the Website and to services provided therein, including to purchase any products offered for sale therein, is subject to adherence to the Terms and other terms governing the use of the Website. Lilsta retains the right to terminate all arrangements, including pending orders, whether accepted or not, and block your access to the Website, in the event that Lilsta finds that you are in breach of the Terms, or other applicable terms, or Lilsta has reason to be believe that you are in breach of the Terms, or other applicable terms. Lilsta’s sole obligation, in such circumstances, shall be to refund payments for orders which remain unfulfilled at the time of termination.

Invitation to Offer

All invitations to purchase products or services on the Website constitute invitations to offer. Your order for purchase shall form an offer to Lilsta, and Lilsta shall be entitled to reject the same, without liability to assign reasons. Lilsta’s acceptance shall be signified solely upon dispatch of the product(s) or services ordered. Lilsta reserves its refuse an offer for any reasons whatsoever, without any obligation to assign reasons therefor. No prior acts of omission or commission including dispatch of communications confirming receipt of the order or updates regarding the status of the order shall constitute acceptance of the offer to purchase.

Partial dispatch of the product(s) ordered shall not constitute acceptance of the offer to purchase the products which have not been dispatched, and the offer to purchase the same shall be deemed to continue in effect after such dispatch. Lilsta reserves the right to accept or reject such balance order.

Notwithstanding anything contained in applicable law, you agree that your invitation to offer, once made, cannot be revoked except with the express written consent of Lilsta, grant of which shall be at Lilsta’s sole discretion.

Your Obligations

You shall be obliged, at all times,

  • to provide true and complete information required to be furnished by you (such information being the "Registration Data"), and maintain and promptly update the Registration Data to from time-to-time to ensure that the same is true and current.
  • to use the services provided by the Website for lawful purposes only
  • to bear all costs incurred due to a non-delivery, including for return of the delivery to Lilsta, or re-delivery, arising because of a mistake by you or attributable to you any extra cost incurred by the Website.
  • to ensure that your use of the Website, and services provided thereon is compliant with applicable laws and regulations

You further confirm that / agree that

  • you are accessing the services available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website
  • the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.

Without prejudice to anything elsewhere contained, you shall not display, upload, modify, publish, transmit, update or share any information which:

  1. belongs to another person and to which you do not have any right;
  2. 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; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
  3. is misleading in any way;
  4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
  5. harasses or advocates harassment of another person;
  6. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
  7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  8. infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitationunauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
  9. promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaintabout uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  10. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  11. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creatingcomputer viruses;
  13. contains video, photographs, or images of another person (with a minor or an adult).

Eligibility to Use

Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are not competent to enter into contracts under applicable law are not eligible to use the Website. Unless otherwise specified, the materials on this website are directed solely at those who access this web from India. The Website makes no representation that any products or services referred to in the materials on this web are appropriate for use, or available outside India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. The Website will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India.

Account and Registration Obligations

You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Lilsta shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

If you know or suspect that someone else knows your password or suspect any unauthorised use of your password you should notify Lilsta immediately. If Lilsta believes that there is or is likely to be a breach of security or misuse of the Website, Lista may require you to change your password, or may suspend your account without any liability to Lilsta.

Usage Restrictions

You shall not use the Website for any of the following purposes:

  • sharing or disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
  • transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or codes of practice.
  • gaining unauthorised access to other computer / network systems.
  • interfering with any other person's use or enjoyment of the Website.
  • breaching any applicable laws;
  • interfering or disrupting networks or websites connected to the Website; or
  • making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Login through Facebook

Users who choose to register and login by Facebook should associate themselves with the terms of use and risks associated by using this feature. The Website will use the information made available to us by Facebook as per our Privacy Policy that is outlined within this document.

Quantity Restrictions

Lilsta reserves the right, at its sole discretion, to limit the number or quantity of any product purchased by any user or household or in any single order. The restriction may be applied based on identity of the account, payment source or address used by the customer.

Pricing Information; Product Information and Availability

Please note that all products and services are subject to availability and the mere display of a product or service on the Website does not guarantee that it is available for sale or supply.

Please note that prices shown on the website may or may not include applicable taxes. Where prices do not include taxes, the total price, including taxes, shall be shown only at the time of order confirmation.

All prices and product information are subject to changes, without prior notice.

Lilsta endeavours to provide accurate product and pricing information. However, pricing or typographical errors may occur. The actual price of the Product applicable to a transaction shall be the price shown in the order confirmation provided once your order is placed.

Where you order a product which is listed at an incorrect price or with wrong information, Lilsta retains the right, at its discretion, to refuse or cancel the order In such instances, Lilsta will contact you to notify you of the refusal of the order, or, at Lilsta’s discretion, for further instructions, at the e-mail address available in your Registration Data.

In the event that your payment has already been processed prior to discovery of the pricing or product information error, the payment will be refunded to you. Lilsta shall not be responsible in any manner whatsoever beyond its obligation to refund the monies received against such cancelled order.

Cancellation by Lilsta

Lilsta reserves the right, at our sole discretion, to refuse or cancel any order for any reason or without requirement to assign reasons. Lilsta will inform 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 has been charged, the said amount will be reversed back in your Card Account. Lilsta shall have no obligation other than to provide the product or price information.

Cancellations by the customer

Except where Lilsta notifies you that such option is not available, you may cancel an order in full, or partially, before Lilsta bills and / or ships the products ordered. Where cancellations are permitted, Lilsta will refund monies received in entirety but may not be able to refund taxes or transaction levies, which have already been paid by, or charged to, Lilsta. Lilsta may also permit exchange of products ordered and delivered (subject to exclusions including, without limitation, perishables, made to order, or items of personal hygiene such as under garments and cosmetics), provided that the products are returned in unused, saleable condition in their original packaging and with original tags, within two weeks from the date of delivery. All returns / exchanges shall be effected only through courier collection.

Courier Collection of Returns / Exchanges and Refunds

Returns or exchanges through courier collection shall be subject to the following terms and conditions:

  • where return/exchange requests are accepted, the products shall be collected by courier from the delivery address where the item was originally delivered,
  • the return / exchange request shall be subject to confirmation, and processed only once the merchandise has been received by Lilsta, or an authorized agent, and examined and found to be in unused condition, along with the original sales invoice.
  • Lilsta shall, thereafter, process the refund/exchange request within five 14  working days of confirmation that the return / exchange request is in conformity with applicable terms.
  • Refunds of payments made by credit / debit card will be only by reversal of the transaction back to the credit / debit card account from which the original payment was made, and Lilsta’s obligations to this effect shall stand concluded upon the reversal being given effect to on Lilsta’s system. All delays arising at the customer’s bank or on account of a payment gateway shall be to customer’s risk.
  • Products ordered in exchange for returned products shall be dispatched within two (2) weeks from the date of confirmation that the return / exchange request is in conformity with applicable terms.

Financial Details

You hereby confirm to provide correct and accurate financial details furnished by you, including of credit cards, debit cards or bank accounts.

We do not take responsibility for any financial information shared by you, and its transmission across electronic networks in the course of transactions on the Website.

Fraudulent /Declined Transactions

Lilsta and all associated banks or financial institutions shall have the right to recover the cost of goods, collection charges and attorney fees from persons using the Website fraudulently, and to commence any legal proceedings against fraudulent use of the Website.

You agree that Lilsta may notify you where it has reason to believe that you have engaged in a fraudulent or illegal act, and you shall be liable to establish that you are not involved in, or complicit in, such fraudulent conduct.

Electronic Communications

Lilsta will communicate with users by email or by posting notices on the Website. You hereby confirm that all electronic communications, including contracts, notices and disclosures constitute legally binding documents, and constitute communication in writing, where the same are legally required.

Reviews, Feedback, Submissions

All comments, reviews, ideas, and submissions made by you to Lilsta on or in relation to the Website (the "Comments") shall become Lilsta’s property on receipt by Lilsta. You hereby confirm that all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments shall automatically, on receipt by Lilsta, vest in Lilsta and may be used, commercially or otherwise, by Lilsta including by reproduction, disclosure, modification, adaptation, creation of derivative works, without any obligation to you, including for payment of compensation.

You confirm that you shall not submit Comments that violate the rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person.

Lilsta reserves the right to edit or remove any Comments.

You hereby agree to indemnify Lilsta for all claims resulting from any Comments you submit.

Lilsta shall not be responsible to you for any comments submitted by any third party, irrespective of whether they violate these Terms, other terms or applicable law or policy.

Copyright & Trademark

The Lilsta name and logos and all related product and service names, design marks and slogans are the property of Lilsta Retail Private Limited.

All other marks are the property of their respective owners.

Lilsta does not grant any trademark or service mark license in connection with the materials contained on this Website. Access to the Website does not authorize you to use any name, logo or mark in any manner.

References on this Website to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply Lilsta’s endorsement, sponsorship or recommendation of the third party, information, product or service.

Lilsta is not responsible for the content of any third party websites and does not make any representations regarding the content or accuracy of material on such websites.

All materials (including text, designs, images, illustrations, programs, icons, music clips or downloads, photographs, video clips, animations, and written and other materials that are part of this Website (collectively, the 'Contents') are intended solely for personal, non-commercial use. If you download or copy the Contents from the Website, you may do so for your personal use only, and without any claim to rights in such downloaded materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the property of Lilsta or its suppliers.

The compilation (meaning the arrangement and assembly) of this Website is the exclusive property of Lilsta.

Objectionable Material

It is an inherent risk of internet use that you may come across content that is offensive, indecent, or objectionable, to you. Lilsta cannot and does not undertake responsibility for such content. You use the Website subject to an express confirmation, herein granted, that you shall take not make any claim against Lilsta for such content.

Indemnity

You shall defend, indemnify and hold harmless Lilsta, its employees, directors, officers, agents and their successors and assigns from and against any and all liabilities, claims, damages, losses, costs (including attorney's fees) and expenses, caused by or arising out of claims based on (i) your actions or inactions, (ii) breach of any warranties, representations or undertakings or (iii) your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of these Terms.

Limitation of Liability and Disclaimers

The Website is provided without any warranties or guarantees and on an "As Is" basis. You hereby agree to bear all risks associated with the use of the Website.

..

Lilsta will not be responsible for any errors or omissions or for the results obtained from the use of the Website or information contained herein, or for any technical problems you may experience with the Website.

Lilsta or its suppliers shall not be liable for any incidental, indirect, consequential, special, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this User Agreement.

Lilsta does not make any representation or warranty about the dependability, exactness, comprehensiveness and/or relevance of any content, software, text, information, graphics, communications, or links provided on or through the use of the Website. Lilsta also does not make any representation that the operation of the Website shall be without fault or continuous. Lilsta will not, therefore, be liable for any damage or damages suffered on account of delay or interruption on or in relation to the Website, or failure of the Website or its services, or corruption of any data or other information transmitted in connection with use of the Website.

In any event, Lilsta shall not be liable, at any time and for all claims, in a sum greater than the total value of products purchased by you and in respect whereof payment is received by Lilsta.

Website Security

You agree not to violate or attempt to violate the security of the Website, including without limitation,

  • by accessing data which is restricted to you;
  • by breaching security measures;
  • by overloading, flooding, spamming, mail bombing or crashing the Website;
  • by probing the vulnerability of a system or network;
  • by logging onto an account which you are not authorized to access;
  • by forging any TCP/IP packet header or any part of the header information;
  • by attempting to interfere with services to any other user, host or network, including
  • by submitting a virus to the Website, or
  • by sending unsolicited email, including promotions and/or advertising of products or services;

Violations of system or network security will result in civil and criminal liability. Lilsta shall reserve rights to investigate any attempted violation of system and network security and to involve law enforcement agencies in such instances.

You also hereby confirm that you shall not use or attempt to use any engine or software or other device or mechanism other than those provided by Lilsta or generally available third-party internet search engines and browsers to navigate or search the Website.

Severability

Where a portion of these Terms is found invalid or unenforceable, such portion shall be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in force.

Prior Agreements

These Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Lilsta with respect to the Lilsta websites/services.

Waiver

Lilsta's failure 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.

Governing Law and Jurisdiction

The laws of the Union of India shall govern these terms and the use of the Website and all transactions made on, or in relation to, the Website.

Subject to the provisions for arbitration contained herein, the Courts at Bangalore alone shall have jurisdiction over any matter relating to, or dispute arising from or pertaining to, this Agreement.

Any dispute or difference either in interpretation or otherwise, or arising from these Terms shall be referred to an independent arbitrator who will be appointed by Lilsta Retail Private Limited and his decision shall be final and binding on the parties hereto.

The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Bangalore.