Terms and Conditions

Fetise - Terms & Conditions

Terms & Conditions

Before you may use the Site, you must read and accept all of the terms and conditions ("T&C") and the linked Privacy Policy. This T&C is effective upon acceptance and grows the relationship between you and Fetise including the sale and supply of any goods on the site. If this TOS conflicts with any other document, the T&C will prevail for the purposes of usage of the Site. You may only use certain portions of the Site if you are a registered buyer or seller at Fetise. If you do not agree to be bound by this T&C and the Privacy Policy, you may not use the Site in any way.

In the Site, Fetise provides users with access to sales of luxury and high fashion items online (the "Service").

  1. Description of Services
  2. Fetise is India's leading luxury private shopping club. We bring an array of chic apparel, stylish accessories and classy home trimmings for men, women and children through sales of high-end luxury brands at special members-only prices with up to 70% off retail. These exclusive members-only sales, run for a limited period of 24 to 72 hours offering multiple payment options, including cash on delivery, with the products delivered right at your doorstep.

  3. License and Site Access
  4. Fetise grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Fetise ’s sole discretion) an unreasonable or disproportionately large load on Fetise ’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Fetise to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by Fetise.

  5. Membership Eligibility
  6. The Fetise.com Service is not available to minors under the age of 18 or to any users suspended or removed from the system by Fetise for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your Fetise.com account to another party. If you do not qualify, you may not use the Fetise .com Service or the Site.

  7. Your Account
  8. In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Fetise has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fetise has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Fetise immediately of any unauthorized use of your account or any other breach of security. Fetise reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

  9. Pricing Information
  10. We strive to provide you with the best prices possible on products you buy from Fetise, however, Fetise does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice.

    While Fetise strives to provide accurate product and pricing information, pricing or typographical errors may occur. 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, Fetise may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Fetise 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 Fetise accepts your order the same shall be debited to your credit card account. The payment may be processed prior to Fetise 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 card account.

  11. Cancellation by Fetise
  12. 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 contact 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 card has been charged, the said amount will be reversed back in your Card Account.

    Order cancelled due to product Out of stock /Change in price/ Shipment Delayed:

    We make every attempt to deliver exactly what is featured on the site, however on certain occasions, the product tends to get out of stock or there is a change in price. In such cases the order may be cancelled.

    Please note that orders which are not delivered within the estimated time period may be cancelled as per Fetise policy. In such cases Fetise shall process complete refund of prepaid orders as store credits in customer account.

  13. Cancellations by the Customer
  14. In case of requests for order cancellations, Fetise reserves the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if 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. We will not be able to cancel orders that have already been processed. Fetise has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by Fetise and accept Fetise 's decision regarding the cancellation.

  15. Fraudulent /Declined Transactions
  16. Fetise reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. Fetise reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions.

  17. Credit Card Details
  18. You agree, understand and confirm that the credit card details provided by you for availing of services on Fetise will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to Fetise . Further the said information will not be utilized and shared by Fetise with any of the third parties unless required for fraud verifications or by law, regulation or court order. Fetise will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.

  19. Submitted Content
  20. Fetise does not claim ownership of any materials you make available through the Site. At Fetise ’s sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant Fetise a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified.

  21. Disclaimer of Warranty
  22. ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.

    FETISE DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN FETISE , (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.

    OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL FETISE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

  23. Limitation of Liability
  24. Fetise will not be liable for short delivery or defective Goods unless a claim is notified by you in writing within 14 days of delivery in accordance with Return and Exchange Terms. The notification must include the invoice number, delivery note number and details of the claim. Fetise will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of Fetise , including but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.

    You expressly understand and agree that Fetise and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Fetise has been advised of the possibility of such damages), resulting from use of the site, sale and supply of goods content or any related services.

    This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Agreement. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

  25. Indemnity
  26. You agree to indemnify and hold Fetise (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including 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.

  27. Electronic Communication
  28. When you use the Site or send emails to Fetise , you are communicating with Fetise electronically. You consent to receive communications from Fetise electronically. Fetise will communicate with you by email, SMS or by posting notices on the Site. 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.

  29. Site-Provided Email and Postings
  30. The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. Fetise is under no obligation to review any messages, information or content ("Postings") posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Fetise may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain: (i) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. (ii) Advertisements or solicitations of any kind. (iii) Impersonate others or provide any kind of false information. (iv) Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references. (v) Messages by non-spokesperson employees of Fetise purporting to speak on behalf of Fetise or containing confidential information or expressing opinions concerning Fetise. (vi) Messages that offer unauthorized downloads of any copyrighted or private information. (vii) Multiple messages placed within individual folders by the same user restating the same point. (viii) Chain letters of any kind. (ix) Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) Using Fetise.com invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using Fetise.com to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.

  31. Links
  32. The Site or third parties may provide links to other World Wide Web sites or resources. Because Fetise has no control over such sites and resources, you acknowledge and agree that Fetise is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Fetise shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

  33. Access to Password Protected/Secure Areas
  34. Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

  35. Modifications and Notification of Changes
  36. Fetise reserves the right to make changes to the Site, related policies and agreements, this T&C and the Privacy Policy at any time. If Fetise makes a material modification to this T&C, it will notify you by: (i) sending an email to the address associated with your account. Fetise is not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add Fetise.com to the list of domains approved to send you email (commonly known as your "whitelist"); and (ii) displaying a prominent announcement above the text of this T&C or the Privacy Policy, as appropriate, for thirty (30) days, with (i) and (ii) being deemed sufficient notification, of such changes. After notice of a modification to the T&C or the Privacy Policy has been posted for 30 days, the notice will be removed and a brief description of the modification and the date that it went into effect will be placed in the Historical Modifications section at the end of the T&C and Privacy Policy. If you have not used the Site for more than 30 days, you should check these two sections for any modifications to the T&C or Privacy Policy prior to any further use of the Site. Should you wish to terminate your account due to a modification to the T&C or the Privacy Policy, you may do so by sending an email with the subject line "Termination" to the following email address:support@fetise.com. If you choose to continue using the Site, you agree that by doing so you will be deemed to accept the new T&C or Privacy Policy, as relevant.

  37. Trademarks
  38. The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Fetise and other respective persons. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Fetise or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.

  39. Billing
  40. The price of our merchandise is inclusive of the VAT. The vat charged shall depend upon the destination where the order has to be shipped. The tax rate applied to the order will be the combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. Fetise reserves the right to collect taxes for shipping charges wherever applicable.

  41. Redemption of Credit and Vouchers
  42. Invite a Friend Promotion:

    Fetise invite a friend program is designed to reward existing members ("Customer") for referring new members to Fetise by awarding the Member Rs. 500 or 25% of order value (whichever is lower) of friend’s first purchase as a voucher. Maximum of Rs. 500 will be given as a store credits.

    On every Friend first purchase the customer gets store credit as "Referral Purchase Voucher" with no redemption limit. The Customer will receive their “Referral Purchase Voucher” only on delivery of their friends’ order. There is no limit to the number of friends a customer can invite. The vouchers cannot be used for the payment of delivery charges. The vouchers will expire 30 days from the date of issue. We reserve the right not to issue vouchers or remove them where we have grounds to suspect there has been an abuse of the referral scheme. Fetise.com reserves the right to amend/ modify/ withdraw this promotion at any time without any prior notice.

    We Are Sorry Voucher:

    “We Are Sorry Voucher” for store credits of 250 will be automatically credited into your account. It will not have any redeemable amount on it. This voucher will be valid for 7 days from the date of issue. Vouchers cannot be used in conjunction with any other promotions or offer. Fetise.com reserves the right to amend/ modify/ withdraw this voucher at any time without any prior notice.

  43. Offer and Schemes/Voucher Redemption
  44. Fetise reserves the right to change/modify/add/delete to the terms and conditions prevailing on the different promotional schemes (including but not limited to refer-a-friend and other types of vouchers) it brings to market from time to time. Fetise at its discretion can withdraw a particular scheme from the website/market. The Terms and Conditions Governing Each Contest and Promotion Differ from one another. In case of any question please contact us on support@fetise.com. We will happy to assist you.

  45. Delivery
  46. Fetise endeavours but does not guarantee to deliver the products to customers within 7-10 business days from the day of close of sale depending upon the shipping location. Fetise works with different type of suppliers (Manufacturers, distributors, importers etc.) and the delivery time to customers is subject to delivery of products from supplier to Fetise . Other factors include delay in delivery through the courier partner, transporters’ strike etc. Fetise will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the goods howsoever caused.

    Fetise reserves the right to make delivery of the goods by installments. If the goods are to be delivered in installments, each delivery will constitute a separate contract. You may not treat the contract (as a whole) as repudiated if Fetise fails to deliver any one or more of the installments or if you have a claim in respect of any one or more of the installments.

    If you fail to take delivery of the goods, Fetise may at its discretion charge you for the additional shipping cost.

  47. Survival of Terms after Agreement Ends
  48. Notwithstanding any other provisions of this T&C, or any general legal principles to the contrary, any provision of this T&C that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this T&C.

  49. General
  50. If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time Fetise may offer special promotional offers which may or may not apply to your Fetise account. To avail of such promotional offers, you agree to be bound by any additional terms and conditions for these special offers which are laid down by Fetise. This T&C and the relationship between you and Fetise will be governed by the laws as applicable in India. Any disputes will be handled in the competent courts of New Delhi, India. The failure of Fetise 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. Fetise does not guarantee it will take action against all breaches of this T&C. Except as otherwise, expressly provided in this T&C, there shall be no third-party beneficiaries to this T&C. This T&C constitutes the entire agreement between you and Fetise and governs your use of the Site, superseding any prior agreements between you and Fetise with respect to the Site.

  51. EMI Option for Citibank & HDFC Credit Cards
    1. EMI option is only available for Citibank & HDFC credit card holders.
    2. EMI is applicable only on orders above Rs. 2500
    3. Only 3 months and 6 months installment options are currently available at Fetise.
    4. EMI has to be paid in 3 or 6 equal monthly installments.
    5. No extra interest or dues (0% interest)is charged to customers to pay through EMI option for 3 month however, on 6 months EMI option 2.5% processing fees will be charged.
    6. Approval of Easy EMI is at the sole and absolute discretion of the Banks.
    7. Upon EMI approval, the card holder’s credit limit shall be blocked up to conversion amount. This gets adjusted as and when EMI installment payments are made by the card holder to Citibank.
    8. To cancel the EMI facility the customer has to call Bank customer service.
    9. Any query/dispute with regards to the payments using the EMI option should be directed to respective Banks.
    10. If there is any issue with the product/s customers can contact us by writing us an email on support@fetise.com and complaints will be taken care of but, your monthly installments continue.

  52. EMI Option for HDFC Credit Cards
  53. We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.