Welcome to fitnessandfairies.com (“Website” or “fitnessandfairies.com”), a online service provided by Fitness & Fairies Dancewear Private Ltd. This website is owned and operated by Fitness and Fairies Dancewear Private Ltd. ('Fitness and Fairies Dancewear Private Ltd.' or 'Team FitnessandfairiesFitness', 'we' or 'us').
Our registered office is located at: G2, Casa Capitol, #17, Wood Street, Ashoknagar, Bangalore 560025, Karnataka, India. In using the fitnessandfairies.com service, of Fitness & Fairies Dancewear Private Ltd. you are deemed to have accepted the Terms and Conditions of the agreement listed below or as may be revised from time to time, which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this website.
If you have any queries about these terms & conditions or have any comments or complaints on or about the website, please email us at firstname.lastname@example.org or call us on +91 (0)80 25557875.
We reserve the right to change these terms & conditions from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.
OWNERSHIP OF RIGHTS
All rights, including copyright, in this website are owned by or licensed to Fitness and Fairies Dancewear Private Ltd.. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Fitness and Fairies Dancewear Private Ltd.. You may not modify, distribute or re-post something on this website for any purpose.
ACCURACY OF CONTENT AND INVITATION TO OFFER
Team fitnessandfairies has taken every precaution in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. All prices are displayed inclusive of VAT. Services however are listed exclusively of service tax as rules for service tax vary with different services. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery. To the extent permitted by applicable law, Team fitness&fairies disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. Team fitness&fairies 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.
All products/services and information displayed on Fitnessandfairies.com (“Website” or “Fitnessandfairies.com”) constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions as listed herein. Fitnessandfairies.com reserves the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by Fitnessandfairies.com and the balance would continue to be on offer to Fitnessandfairies.com and Fitnessandfairies.com reserves the right to accept or reject such balance order. No act or omission of Fitnessandfairies.com prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer. If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm dispatch and therefore acceptance of the order.
ELIGIBILITY OF USE
Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. If your age is below 18 years you are prohibited to use/purchase/contract from/with this website. Such persons are also prohibited from purchasing any material which is for adult consumption the sale or purchase of which to/by minors are strictly prohibited. Fitnessandfairies.com reserves the right to terminate your membership and refuse to provide you with access to the website if Fitnessandfairies.com discovers that you are under the age of 18 years. The website is not available to persons whose membership has been suspended or terminated by Fitnessandfairies.com for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. Unless otherwise specified, the materials on this website are directed solely at those who access this web from India. Fitnessandfairies.com 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. Fitnessandfairies.com will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India. Some Indian states prohibit direct sale of merchandise from other states and require special documentation to effect such a sale without dual taxation, if Fitnessandfairies.com receives a order from such states or to be delivered to such states (to see a list please refer our shipping policy) under such circumstances Fitnessandfairies.com retains the right to accept or reject the order. Those who choose to access this website from Indian states which restrict such use are responsible for compliance with local laws if and to the extent local state laws are applicable. Fitnessandfairies.com will deliver the products only within states having open import policy and will not be liable for any claims relating to any products ordered from restricted states.
Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of Fitnessandfairies.com you agree to be bound by the Terms and Conditions.
ACCOUNT AND REGISTRATION OBLIGATIONS
Fitnessandfairies.com does not want to receive confidential, proprietary or trade secret information through this Website (excluding information related to any order you submit). Please note that any information, materials, suggestions, ideas or comments sent to Fitnessandfairies.com will be deemed non-confidential. By submitting any such information, you are granting Fitnessandfairies.com an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever. However, we will not use your name in connection with any such materials, information, suggestions, and ideas or comments unless we first obtain your permission or otherwise are required by law to do so.
You also agree and confirm:
• To provide true, accurate, current and complete information about yourself as prompted by the Fitnessandfairies.com registration form or the guest details form (such information being the “Registration Data”).
• To maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if Fitnessandfairies.com has reasonable grounds to suspect that such information is untrue, inaccurate, and not current or not in accordance with the User Agreement,Fitnessandfairies.com has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Website.
• That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any otherwrong information) any extra cost incurred by Fitnessandfairies.com for redelivery shall be claimed from you and you shall pay such cost.
• That you will use the services provided by Fitnessandfairies.com, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Website and transacting on the Website.
• You will provide authentic and true information in all instances where such information is requested of you.Fitnessandfairies.com reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Fitnessandfairies.com has the right in its sole discretion to reject the registration and debar you from using the Services of Fitnessandfairies.com and or other affiliated websites without prior intimation whatsoever.
• 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
• That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
• That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale and invitation of offer included in the item's description.
You shall not use the Website for any of the following purposes:
• Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
• Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwisebreaches any relevant laws, regulations or code 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.
• Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Fitnessandfairies.com reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Fitnessandfairies.com also reserves the right, at our sole discretion, to prohibit sales to any one as it may deem fit.
While Fitnessandfairies.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. Fitnessandfairies.com cannot confirm the price of a product until after you order. 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, Fitnessandfairies.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, Fitnessandfairies.com may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and Fitnessandfairies.com will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that Fitnessandfairies.com accepts your order the same shall be debited to your credit / debit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Fitnessandfairies.com dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit / debit card account.
We strive to provide you with best value, however prices and availability are subject to change without notice.
CANCELLATION BY FITNESSANDFAIRIES.COM
Please note that there may be certain orders that we are unable to accept and must cancel. 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 canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will inform you if all or any portion of your order is canceled 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.
We will seek authorization on your Card for the aggregate amount of the order placed by you, however, we may charge your card (capture) only with the amount corresponding to the actual portion of the order that we are able/willing to fulfill, and any associated shipping charges/taxes and levies etc. Any surplus amount, for which we might have originally sought and received an authorization on your card from your Card Issuer, if not captured by us in the time period stipulated by our Merchant Banker, will not be captured / charged. If however the same is charged to your card / bank account in error, we will refund it as soon as the same is realized by us or brought to our notice, whichever is sooner. Fitnessandfairies.com reserves the right to capture / charge your card to the full or partial authorized amount for the concerned order.
CANCELLATIONS BY THE CUSTOMER
You may cancel your order or some items in your order before we bill and ship the items. You may also exchange the merchandise or get a refund by returning the merchandise (with the exception of perishables, made to order, or items of personal hygiene such as under garments and cosmetics) in unused, saleable condition in its original packaging along with original tags, for a return or an exchange, within 14 days from the date on which these goods are delivered. For details of how to exercise this right please see our Returns Policy. In case we receive a cancellation notice and the order has not been processed /approved by us, we shall cancel the order and refund the entire amount, if any, charged to your card. The customer agrees not to dispute the decision made by Fitnessandfairies.com and accept Fitnessandfairies.com decision regarding the cancellation.
Fitnessandfairies.com and its associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Website fraudulently. Fitnessandfairies.com and its associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions.
When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. 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.
We have made every effort to display the colours of our products that appear on the Website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
REVIEWS, FEEDBACK, SUBMISSIONS
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Fitnessandfairies.com on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments”) shall be and remain Fitnessandfairies.com property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Fitnessandfairies.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Fitnessandfairies.com owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Fitnessandfairies.com will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Fitnessandfairies.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of 'spam'.
Fitnessandfairies.com does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. You grant Fitnessandfairies.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Fitnessandfairies.com and its affiliates for all claims resulting from any Comments you submit. Fitnessandfairies.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
COPYRIGHT & TRADEMARK
Fitnessandfairies.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of Fitnessandfairies.com or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Fitnessandfairies.com. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Fitnessandfairies.com. You may not modify, distribute or re-post anything on this website for any purpose.
The Fitnessandfairies.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Fitness and Fairies Dancewear Pvt. Ltd. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone 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 Fitnessandfairies.com endorsement, sponsorship or recommendation of the third party, information, product or service.
Fitnessandfairies.com 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. If you decide to link to any such third party websites, you do so entirely at your own risk.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the 'Contents') are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. 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 Content, the Website or any related software. All software used on this Website is the property of Fitnessandfairies.com or its suppliers and protected by Indian and international copyright laws. The Content and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this Website is strictly prohibited. Unless otherwise noted, all Content are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Fitnessandfairies.com, one of its affiliates or by third parties who have licensed their materials to Fitnessandfairies.com and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Website is the exclusive property of Fitnessandfairies.com and is also protected by Indian and international copyright laws.
You understand that by using this Website or any services provided on the Website, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law, Fitnessandfairies.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
You agree to defend, indemnify and hold harmless Fitnessandfairies.com, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Fitnessandfairies.com or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of 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 this User Agreement.
This User Agreement is effective unless and until terminated by either you or Fitnessandfairies.com. You may terminate this User Agreement at any time by informing us in writing through Indian postal system by registered post, that you no longer wish to be associated with this website, provided that you discontinue any further use of this Website.
Fitnessandfairies.com may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to Fitnessandfairies.com. Upon any termination of the User Agreement by either you or Fitnessandfairies.com, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise.
Fitnessandfairies.com's right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.
LIMITATION OF LIABILITY AND DISCLAIMERS
The Website is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Website.
The Website provides content from other Internet websites or resources and while Fitnessandfairies.com tries to ensure that material included on the Website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Fitnessandfairies.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website.
This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement.
To the fullest extent permitted under applicable law, Fitnessandfairies.com or its suppliers shall not be liable for any indirect, incidental, special, consequential 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.
Without prejudice to the generality of the section above, the total liability of Fitnessandfairies.com to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the amount charged to you, against the value of the products ordered by you.
Fitnessandfairies.com its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Fitnessandfairies.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation,
• Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
• Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, 'flooding,' 'spamming', 'mail bombing' or 'crashing;'
• Sending unsolicited email, including promotions and/or advertising of products or services; or
• Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. Fitnessandfairies.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Fitnessandfairies.com on this Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer).
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will 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 effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Fitnessandfairies.com with respect to the Fitnessandfairies.com websites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Fitnessandfairies.com with respect to the Fitnessandfairies.com websites/services. Fitnessandfairies.com'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
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Bangalore shall have exclusive jurisdiction in any proceedings arising out of this agreement.
Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Fitness and Fairies Dancewear Private Ltd. and his decision shall be final and binding on the parties hereto. The above 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. The High Court of judicature at Bangalore alone shall have the jurisdiction and the Laws of India shall apply.
MODIFICATION OF TERMS AND CONDITIONS OF SERVICE
Fitnessandfairies.com may at any time modify the User Agreement without any prior notification to you. Subsequent to any modification of the User Agreement, we will inform you of the modifications in the User Agreement via e-mail at the address provided by you while registering on Fitnessandfairies.com. You can access the latest version of the User Agreement at any given time on Fitnessandfairies.com. You should regularly review the User Agreement on Fitnessandfairies.com. In the event the modified User Agreement is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified User Agreement.