Terms & Conditions

TERMS AND CONDITIONS 

Thank you for your interest in Portrait of Love, doing business as SAKB CLOTHING (OPC) PRIVATE LIMITED (“Company”, “we” or “us”), a Company, having its principal place of business registered address located at Signature Tower, Omaxe Heights,  Apartment No. 605, Omaxe City, Grand Trunk Road, Sector 8, Sonipat, Haryana 131001 India and our website at www.portraitoflove.shop along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the “Service”). 

The Website enables you to view, choose and place an order for purchasing clothing and accessories (“Products” or “Goods”) listed and offered for sale by us. 

These Terms and Conditions (“Terms and Conditions”), read along with the Privacy Policy available here, shall constitute and serve as an agreement that sets forth the terms and conditions which will govern your use and access of the Website. Your use of the Website, shall constitute your acceptance of these Terms and Conditions including, the intent, with effect from the date on which you use the Website. These Terms and Conditions and the Privacy Policy apply to you, whether you are registering on the Website to buy the Products offered for sale on the Website; or otherwise a person accessing the Website. 

If you are unwilling to agree to these Terms and Conditions and/or the Privacy Policy, you shall immediately discontinue using the Website. If you continue to access or use the Website, you shall be bound by these Terms and Conditions and the Privacy Policy. If you have any questions about any terms of these Terms and Conditions, feel free to contact us at sales@portraitoflove.shop. 

GENERAL TERMS OF USE

PLEASE READ THE FOLLOWING TERMS CAREFULLY. 

  1. ELIGIBILITY

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organisation, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

By your use of the Website, you certify that you are legally permitted to access and use the Website and take full responsibility for the same. These Terms and Conditions shall be void where prohibited by law and your right to access the Website is revoked in such jurisdictions.

Use of the Website is only available to a person who can enter into legally binding contacts under the applicable law. Persons who are “incompetent to contract” within the meaning of Indian Contract Act, 1872 including undischarged insolvents, etc are not eligible to use the Website. 

  1. ACCOUNTS AND REGISTRATION

To access some features of the Service, you must register for an account (“Account”). When you register for an Account, you may be required to provide us with some information about yourself, such as your name, address, email address, billing information or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your Account. If you believe that your Account is no longer secure, then you must immediately notify us by contacting customer service at sales@portraitoflove.shop 

You are responsible for all activity undertaken from your User Account, whether or not you authorise it. In case of any unauthorised activity undertaken from your User Account, you agree to immediately notify us of such activity or any other breach of security via e-mail, phone or such other modes of communication. We cannot and will not be liable for any loss or damage arising from your failure to comply with the obligations. Further, any violation of these Terms and Conditions will lead to strict legal action against you in accordance with these Terms and Conditions and the applicable law..

  1. GENERAL PAYMENT TERMS

Before you pay any fees for items you’d like to purchase (“Products”), you will have an opportunity to review and accept the fees that you will be charged.

3.1 Price

Company reserves the right to determine pricing for Products. Company will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Company may change the fees for any Product at any time. Company, at its sole discretion, may make promotional offers with different features and different pricing to any of Company's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

3.2 Shipping Charges; Shipping Restrictions

We will list shipping charges for your order upon checkout, and you must pay all shipping charges for the location of the address you provide. Please note that international packages may be subject to duties and taxes. You must also pay all tariff, import, customs, tax, and other charges applicable in your jurisdiction. The limits for duty-free packages are established by your local customs authorities. Please check your local customs website for more information.

3.3 Delivery

Company will attempt in good faith to deliver your items in accordance with your order, but Company will not be responsible or liable for any delays or failure in such delivery. Company expressly reserves the right to effect delivery of any order in any number of separate shipments, and the modes of transport and carriers will be decided at Company's discretion. Your order will be delivered to the delivery address you specify when placing your order. If your delivery address is geographically remote or otherwise difficult to deliver to, it is possible that we may not be able to deliver there. Company will not be responsible or liable for any delay or failure to deliver due to any cause which is unavoidable or beyond Company's reasonable control. In such cases, Company will have the right, at its option, without penalty or any liability for breach, to terminate all or any part of any order or to reschedule delivery within a reasonable time.

3.4 Authorization

You authorize Company to charge all sums for the orders that you make, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Company may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. If your order is placed on hold, we will reach out to you to ensure that the delays are minimal.

3.5 Payment Processing 

Company has partnered with certain third party payment processors to process payments you make via the Service. Third party payment processor With Razorpay facilitates and processes the Company’s orders. By choosing to placing an order you agree to With Razorpay’s terms and conditions which may be found at:

3.6 Delinquent Accounts

Company may suspend or terminate access to the Service for any account for which any amount is due but unpaid. In addition to the amount due for Products, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.  

  1. REFUNDS AND EXCHANGES

     Products purchased from Company are subject to the Return Policy

  1. LICENSES

5.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Company grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) access and use the Service.

5.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it. You expressly agree that you shall not at any point of time:

  • attempt to probe, scan or test the vulnerability of a system or network associated or used in connection with the Website;
  • breach or attempt to breach the security or authentication measures of the Website or undertake any such act without proper authorization;
  • attempt to interfere with the access of any other user including without limitation submitting a virus of any kind or Trojan horse to the Website, overloading, flooding, mail bombing or crashing;
  • copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained on the Website except as permitted; or
  • copy and distribute any information on any other server, or modify or re-use any information, text, graphics, sound, etc. on the Website to any other system. No reproduction of any part of the Website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or the web, whether in hard copy or in electronic format, including postings to any other website.
  • You undertake not to duplicate, download, publish, modify and distribute materials published or displayed on the Website unless specifically authorised by us. You undertake not to establish any deep link or other connection to any specific page of the Website other than the Home Page without obtaining our prior consent. We strictly prohibit using any automated process such as spiders, crawlers etc. or through any manual process for any purpose.
  • Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Company an unrestricted, perpetual, irrevocable, nonexclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

Please note that you shall only use this Website for lawful purposes as mentioned under these Terms and Conditions (as may be amended from time to time). You agree not to use the Website in any manner so as to impair our interests and/or functioning of the Website. 

  1. INTELLECTUAL PROPERTY RIGHTS

The Service is owned and operated by Company. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Company are protected by intellectual property and other laws. All Materials included in the Service are the property of Company or its third party licensors. Except as expressly authorized by Company, you may not make use of the Materials. Company reserves all rights to the Materials not granted expressly in these Terms.

Unless otherwise indicated to the contrary, the Company owns and possess relevant licenses for all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to the Company without obtaining authorization from it. 

We give you permission to use the Website and the content materials published on it for personal, non-commercial purposes only and do not transfer any Intellectual Property Rights to you by virtue of permitting your use of the Website. Copyright notices and trademarks may not be changed or removed. Components of the Website may not be reproduced in whole or in part or in any other manner or form (including electronic and printed form) without our prior written consent and unless full acknowledgement of the source is provided. 

You acknowledge and agree that, in the event of any third party claims that the Website or your access or use of the Website infringes such third party's intellectual property rights; we shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; provided such infringement was caused by us. 

  1. THIRD PARTY TERMS

7.1 Third Party Services and Linked Websites:Company may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on Company with an account on the third party service, such as Pinterest, Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that Company may transfer that information to the applicable third party service. Third party services are not under Company's control, and, to the fullest extent permitted by law, Company is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Company's control, and Company is not responsible for their content.

7.2 Third Party Software:The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.

  1. USER CONTENT

8.1 User Content Generally. Certain features of the Service may permit users to upload content to the Service, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.

8.2 Limited License Grant to Company. By providing User Content to or via the Service, or by submitting any User Content to any social media platform using a Company-branded hashtag, you grant Company a worldwide, non-exclusive, irrevocable, transferable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.

8.3 Limited License Grant to Other Users. By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.

8.4 User Content Representations and Warranties. Company disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:

 8.4.1 You are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorise Company and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Company, the Service, and these Terms;

8.4.2 Your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Company to violate any law or regulation or otherwise cause liability for Company; and

8.4.3 Your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

8.5 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Company may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Company with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Company does not permit copyright-infringing activities on the Service.

8.6 Monitoring Content. Company does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that Company reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Company chooses to monitor the content, Company still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

  1. PROHIBITED CONDUCT

BY USING THE SERVICE YOU AGREE NOT TO:

  • use the Service for any illegal purpose or in violation of any local, state, national, or international law;
  • harass, threaten, demean, embarrass, or otherwise harm any other user of the Service;
  • violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
  • interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
  • interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
  • perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
  • sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 8) or any right or ability to view, access, or use any Materials; or
  • attempt to do any of the acts described in this Section 11 or assist or permit any person in engaging in any of the acts described in this Section 11.
  1. MODIFICATION OF THESE TERMS

We reserve the right to amend these Terms and Conditions from time to time. If we make any changes to these Terms and Conditions, we will notify you (either by e-mail or a sign-in notification or some other means). If you continue to use the Website after such changes become effective, you agree to be bound by the revised Terms and Conditions. If you do not agree to the revised terms and conditions, we suggest you to refrain from using the Website after the changes come into effect. We shall not be responsible for any verbal commitments allegedly made by any of its employee, officer or directors at any point of time. Any commitment made by an existing employee from a personal email ID shall not be entertained by the Company.

You shall provide us with accurate, complete, and updated information. Failure to do so shall constitute a breach of these Terms and Conditions, which may result in immediate suspension/termination of your activity. We may require additional verification or information during the course of your usage of the Website.

  1. TERMINATION

These Terms and Conditions shall remain in full force and effect while you continue to use the Website. 

We may terminate and/or suspend your registration immediately, without notice, if there has been a violation 

of these Terms and Conditions, other policies or any other terms that may be published on the Website, either by you or any other person using your credentials. We shall not be liable to you or any third party for any termination of your access to the Website

Upon termination of your account, your right to use or access certain features of the Website will immediately cease. All provisions of these Terms and Conditions which, by their nature, should survive termination, deactivation or suspension of your User Account, shall survive termination, including, without limitation, intellectual property rights, warranty, disclaimers, indemnification and limitations of liability. 

  1. INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company, its employees, officers, agents and its 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 user's actions or inactions, which may result in any loss or liability to the Company or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under these Terms and Conditions or arising out of the your violation of any applicable law, regulations including but not limited to Intellectual Property Rights, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other users.

  1. LIMITATION OF LIABILITY

Under no circumstances shall the Company or any of its employees, agents or sub-contractors be liable to you for any indirect, incidental, contingent, consequential, special or exemplary losses or damages arising from these terms and conditions, under tort, common law or under public policy, even if the party has been advised of the possibility of such damages, resulting from any aspect of your use of the website, including without limitation whether the damages arise from use or misuse of the website, from inability to use the website, or the interruption, suspension, modification, alteration of the website. These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that the Company shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you. 

  1. DISCLAIMER OF WARRANTIES

You assume all responsibility and risk with respect to your use of the website. The website is available "as is," and "as available". You understand and agree that, to the fullest extent permitted by law, the Company disclaims all warranties, representations and endorsements, express or implied, with regard to the website, including, without limitation, implied warranties of title, merchantability, non-infringement and fitness for a particular purpose. The Company does not assume any liability or responsibility for the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the website. The Company has no duty to update or modify the website and shall not be held liable for the failure to do so.

  1. MISCALLENOUS

15.1 AVAILABILITY OF THE WEBSITE, SECURITY & ACCURACY 

You understand that the Website uses internet and internet usage costs apply in accordance with your internet service provider. Due to the nature of the internet, we cannot guarantee uninterrupted or error free usage and therefore, we make no warranty in respect of your usage of the Website. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions, which may cause temporary interruptions

Access to the Website may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the Website for any reason.

We do not warrant that the Website will be compatible with all hardware and software which you may use. We shall not be liable for any damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your access to or use of the Website. 

The Website is independent of any platform/ operating system on which it is used/ maintained. The Website is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Windows, Apple, Google, Android or RIM Blackberry (each being an "Operator"). Your access to or use of the Website is also bound by the terms of use of the Operator.

15.2 ELECTRONIC CONTRACTING AND NOTICES 

Your affirmative act of using the Website and/or registering on the Website constitutes your electronic signature to these Terms and Conditions and also your consent to enter into agreements with the Company electronically. You acknowledge and agree that we may request for your explicit consent on any feature, database, or content on the Website by clicking on the option provided as 'I AGREE'. You further acknowledge and agree that such consent provided by you shall be considered as consent without any coercion, misrepresentation, undue influence or fraud and shall be deemed to be a valid consent as has been provided after reading the terms and conditions as provided on that feature, database or consent.

15.3 FORCE MAJEURE

Under no circumstances shall the Company be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control; including, without limitation, internet failures, computer equipment failures, payment processor failure, telecommunication equipment failures, and any other equipment failures; electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of, or fluctuations in heat, light, or air conditioning.

15.4 SEVERABILITY

If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect and enforceable. 

15.5 ASSIGNMENT

These Terms and Conditions are not assignable, transferable or sub-licensable by you except with our prior written consent and any such attempted assignment shall be void. We may transfer, assign or delegate these Terms and Conditions and its rights.

15.6 GOVERNING LAW 

These Terms and Conditions shall be governed by and constructed in accordance with the laws of India. Without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the Courts at DELHI, INDIA.

15.7 INTERNATIONAL USE

The company is based in India. We make no representation that the Service is appropriate or available for use in all jurisdictions. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited. Occasionally a vendor requests that Company restrict the sale of their brand or products to certain countries. Though Company prefers not to limit the brands and products that Company sells, Company must honor its vendor’s wishes. However, Company continually reviews such restrictions with its vendors to see if any changes can be made. You will be alerted at checkout if an item in your cart is restricted from shipping to your country. If you put a restricted item in your cart, you will not be able to check out until that item is removed from your cart or you change your shipping address.