General Terms and Conditions

This document is an electronic record in terms of The Information Technology Act, 2000 ("IT Act") and rules thereunder, and is published in accordance with the provisions of Rule 3 (1) under IT Act which mandates for publishing of rules and regulations, privacy policy and terms of use for access or usage of the Website and application. This electronic record is generated by a computer system and does not require any physical or digital signatures.

www.sootbysoot.com is an online selling platform is owned and operated by MIETERIOR PRIVATE LIMITED (“SOOTBYSOOT”), a Private Limited Company registered under Companies Act, 2013 vide CIN: U51909DL2021PTC376122 having its office at S No-1 G/F P No. 2 Kaley Ram Chamber East Guru Angad Nagar Laxmi Nagar Delhi East Delhi DL 110092 IN.

This document (together with the documents mentioned herein) establishes the general terms and conditions that govern the use of the Website www.sootbysoot.com and the purchase of products on it (hereinafter referred to as the "Conditions").

For the purpose of this document, "User" / "Users" shall mean any person/persons and/or legal entity(ies) who visit(s), uses, deals with and/or transact at the Website in any way.

We urge the Users to read the Conditions, our Privacy Policy (hereinafter, referred to as the “Data Protection Policies”) carefully before using this website. When using this website or placing an order on it, the User is bound by these Conditions and our Data Protection Policies.

Accessing, browsing or otherwise using the website will be construed as User’s unequivocal and irrevocable acceptance and acknowledgement to the Conditions and binding policies hereof. By using this website, the User declares to have carefully read, understood and agree to be bound by these Conditions. SOOTBYSOOT may at its sole discretion allow or disallow access to website and reserves the right to modify any of the Conditions at anytime, without prior intimation to the Users. It is the User’s responsibility to read them periodically, as the Conditions at the time of using the website or concluding of the relevant contract shall be those that apply. Continued use of this Website shall constitute Users acceptance of the modified Conditions.

PAYMENT TERMS:

Payment is an integral part of an online shopping experience. All payments shall be collected through secured payment options. User shall be entitled to use a valid credit / debit and/ or any other payment cards, online banking facility to make payment against any transaction being effected at the Website. User undertakes and confirms that he/she would furnish correct, complete and accurate detail of credit / debit and/ or any other payment cards, online banking accounts and shall be solely responsible for any cost, expense, loss and/or damage which may be levied upon the User due to furnishing of wrong detail/ information relating to his/her credit/debit and/ or any other payment cards or online banking accounts.

All payments for purchases made by the User on the Website shall only be in Indian Rupees. In case of a prepaid transaction, after payment for the order has been successfully received by SOOTBYSOOT, the User will be sent a notification by email or SMS at the email address or mobile number provided to SOOTBYSOOT confirming receipt of payment.

Credit and Debit Card - SOOTBYSOOT accepts all Visa, Master Card, Maestro, American Express and Diners cards. User will be redirected to User issuing bank's site, where User will have to follow the instruction to complete the payment.

Net Banking - User can make payment for an order by using their Net Banking account. User will be redirected to User bank’s site where the User will be able to make payment after entering in User login id and password that is known only to the User.

Payments can sometimes fail or remain in the pending stage. In the event the User faces any payment related issue, he / she shall try placing the order again or contact their bank or issuer for technical assistance. SOOTBYSOOT is not liable for any loss or inconvenience caused to the User when making payment or for any wrongful debits to the User’s cards or net banking accounts.

Issuing bank terms and conditions - Users understand and acknowledge that all payments made by the Users using valid credit card/ Debit card/ Cash Card/ and other payment instruments or mechanism including net banking facility will be processed using a payment gateway or appropriate payment system infrastructure and the same is governed by a separate set of terms and conditions agreed between the User and the respective Issuing Bank and payment instrument issuing company.

Requirements of Permanent Account Number (PAN) - For all the purchase of an amount equal to or exceeding INR 1,00,000 (INR One lakh only), the User will be required to upload a copy of its PAN card, within such time as may be prescribed from the date of purchase, failing which, the purchase made by the User will be automatically cancelled. The order shall also stand cancelled if there is a discrepancy between User’s name in the account with SOOTBYSOOT and the name printed on the PAN card.

Invoice will be provided to the User along with the products when delivered.

Pursuant to the prevailing rules and regulations in force, all purchases done through the website are subject to all applicable taxes including but not limited to GST, duties, cesses, etc.

DELIVERY:

Shipping Address

– User’s shipping address and pin code will be verified with the database of SOOTBYSOOT before User proceeds to pay for its purchase. In the event the order is not serviceable by SOOTBYSOOT’s logistics service providers or the area is not covered, SOOTBYSOOT will request the User to provide with an alternate shipping address. The User must ensure the payment and shipping address is within India. The User shall be responsible for accepting and collecting the package from the alternative address, once the said alternative address has been submitted by the User. Confirmation from the logistics service provider of successful delivery to the alternative shipping address is deemed as acceptance of delivery by the User and SOOTBYSOOT will have no liability in this regard.

In cases, where the option of pick up from stores in respective location is selected, the pick-up should be made maximum within 10 days from Order Confirmation date and the receipt evidencing purchase/ order of the product(s) along with an official identity proof shall be produced at the time of pick up post which the order would stand automatically cancelled.

SOOTBYSOOT will endeavor to send the order consisting of the product(s) listed in each Delivery Confirmation prior to the date indicated in the Delivery Confirmation in question or, if no delivery date is specified, in the estimated timeframe indicated when selecting the delivery method and, in any case within a maximum period of 30 days from the date of the Order Confirmation.

Nonetheless, there may be delays for reasons such as the occurrence of unforeseen circumstances or the delivery zone. If for any reason SOOTBYSOOT is unable to comply with the delivery date, SOOTBYSOOT will inform the User of that situation and will give the User the option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid.

Company may choose to deliver the ordered products to the User through the logistics service providers. For the purpose of effecting the delivery, the delivery person may connect with the user before the delivery. Deliveries can be rescheduled only within 5hrs after the order has been placed . The said logistics service provider will make a maximum of three [3] call attempts to deliver the User’s order . In case, the User is not reachable, available or does not accept delivery of products in these attempts, SOOTBYSOOT reserves the right to cancel the order at its discretion. The User may be informed of such cancellation by email or SMS at the email address or mobile number provided to SOOTBYSOOT. Once the order reaches User’s delivery address, User will be liable to pay the delivery charges. The User agrees not to hold SOOTBYSOOT liable for any cancellation.

Title and risk of loss for all products ordered by the User shall pass on to the User upon delivery of the products at the shipping address provided by the User.

Delayed Delivery

Sometimes, delivery may take longer due to climatic issues, natural calamities, disruption in the supply chains, orders / notifications etc. issued by statutory authorities / competent authorities, political disruptions, logistics service provider related challenges, product lost in transit, other unforeseen circumstances or event beyond the control of SOOTBYSOOT or logistics service provider etc.

If the estimated delivery date has passed and the User has still not received their order, please contact us and we will take steps to track the User’s package. We request the Users to check their emails and SMS regularly for such updates.

SOOTBYSOOT will not compensate for any mental agony or inconvenience or loss caused due to delay in delivery for any reason. The User may be informed by email or SMS at the email address or mobile number provided to SOOTBYSOOT if any product in the order is unavailable or is delayed or lost in transit.

LIABILITY:

Unless otherwise indicated expressly in these Conditions, our liability regarding any product purchased or received or acquired on our website shall be limited strictly to the price of the said product.

Due to the open nature of this website and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of this website, unless otherwise indicated expressly on this website.

All product descriptions, information and materials shown on this website are provided "as is", with no express or implied warranties on the same, except those legally established. In this sense, if the Users are contracting as a consumer or user, we are obliged to deliver goods that are in conformity with the contract, being liable to the User for any lack of conformity which exists at the time of delivery. It is understood that the goods are in conformity with the contract if they: (i) comply with the description given by us and possess the qualities that we have presented on this website; (ii) are fit for the purposes for which goods of this kind are normally used; (iii) show the quality and performance which are normal in goods of the same type and which can reasonably be expected. To the extent permitted by law, we exclude all warranties, except those that may not be excluded legitimately.

SOOTBYSOOT shall not be responsible for any direct, indirect, consequential, actual, monetary, incidental etc. or any other kind of damages or losses to the customer or user of the products purchased or acquired through this Website, except the refund of the amount of purchase price of the goods/ products purchased or acquired through this Website.

INTELLECTUAL PROPERTY:

The User recognises and agrees that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the website belong to SOOTBYSOOT at all times or to those who grant SOOTBYSOOT the license for their use. The User may use said material only to the extent that SOOTBYSOOT or the usage licencers authorise expressly. This does not prevent the User from using this website to the extent necessary to copy the information on the User’s order or contact details.

VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS:

The User must not make undue use of this Website by intentionally introducing viruses, worms, logic bombs or any other software or technologically damaging or harmful material. The User shall not attempt to make unauthorised access to this Website, the server on which the site is hosted or any server, computer or database related to our Website. The User undertakes not to attack this website through any attack of denial of service or an attack of distributed denial of service. Failure to comply with this Clause shall be considered an infraction as defined under the applicable regulations. We will report any failure to comply with this regulation to the corresponding authorities and we will co-operate with them to determine the identity of the attacker. Likewise, in the event of failure to comply with this Clause, authorisation to use this Website shall be suspended immediately. We shall not be held liable for any damage or harm resulting from a denial of service attack, virus or any other software or technologically damaging or harmful material that may affect the User’s computer, IT equipment, data or materials as a result of using this website or downloading content from the same or those to which this site redirects the User.

LINKS FROM OUR WEBSITE:

If our website contains links to other websites and third-party materials, said links are provided for information purposes only and we have no control whatever over the content of those websites or materials. Accordingly, we shall not accept any liability for any damage or harm deriving from their use.

FORCE MAJEURE:

Notwithstanding anything contained in these Conditions or elsewhere, SOOTBYSOOT shall not be held responsible for performance of its obligations or for any loss, damage to User if such loss, damage is attributable to a Force Majeure Event. A "Force Majeure Event" means any event that is beyond SOOTBYSOOT’s control and anticipation, including, without limitation, fire, flood, explosion, natural calamity, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, terrorist attacks, war, acts of government, lockdowns, pandemic, epidemic, legal or statutory orders, including, orders, notifications, circulars etc. issued by Government/ statutory authorities, court orders, inability to use public or private telecommunication systems, power failure, sabotage, computer hacking, unauthorised access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption encryption or any event which affects the ability of SOOTBYSOOT to fulfil its obligations under these Terms and Conditions.

It shall be understood that our obligations deriving from contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. Notwithstanding anything contained herein, SOOTBYSOOT shall not be responsible or liable to the customer or user for non-delivery or non-refund or for any of its obligations during the Force Majeure Event. However, SOOTBYSOOT would make all reasonable efforts and endeavor to fulfill its obligations or to find a solution that enables us to fulfil its obligations by virtue of the contract despite the situation of Force Majeure.

INDEMNITY:

The User agrees to indemnify and hold harmless, SOOTBYSOOT including affiliates, associates and their respective Owners, Directors, Officers, Agents, Shareholders and Partners from and against all actions, proceedings, claims, losses, damages and costs (including attorney fees) and other expenses suffered or incurred due to or attributable to or arising out of (i) violation of any applicable law (ii) breach of any representations, warranties or covenants of the User (iii) breach of the policies, guidelines and conditions of SOOTBYSOOT’s service or Additional terms or these Conditions or Data Protection Policies (including any modifications or additional notifications or instructions); (iv) infringement of any third party rights. This Clause survives the conclusion or cancellation of transaction on the Website or the removal or termination of these Conditions.

TERMINATION:

SOOTBYSOOT reserves the right to terminate the services provided to any User without prior notice in the event of any default committed by User including but not limited to the breach of any applicable law, policies, guidelines and conditions of SOOTBYSOOT’s service or additional terms or these Conditions or the Data Protection Policy (including any modifications thereto or additional notifications or instructions). On such termination, the User’s information and other details shall be black listed by the Website and shall be taken into consideration whenever necessary. SOOTBYSOOT will terminate the services provided to any User if it is required under any applicable law. Without prejudice, SOOTBYSOOT reserves its right to terminate the services if such provision of services to the users is not economically viable for SOOTBYSOOT. Users may choose to discontinue availing services and facilities provided through the Website by closing the User Account with the Website.

On termination of the User Account, the User is not eligible to purchase products through the Website. Once the User’s Account is terminated for any reason whatsoever, the contents, reviews, comments or other material posted on the Website by the User shall be removed by SOOTBYSOOT.

Post conclusion or cancellation of a transaction or termination of the services provided to the User through the Website, the User’s personal information would reside in the Website’s database for a certain period of time. It is also clarified that certain terms and conditions of the policies, guidelines and conditions of SOOTBYSOOT’s service or additional terms or these Conditions and the Privacy Policy continue to be binding on the User and if any User by default or otherwise is found using or dealing with the Website post termination of the service provided through the Website, SOOTBYSOOT shall have the rightto take appropriate actions against the User. The User shall also be liable to compensate SOOTBYSOOT for any unauthorized use of the Website.

MISCELLANEOUS:

LOCATION BASED SERVICES – Basis the permission granted by the User in respect of tracking the location, our Website may use the information from Global Positioning System (GPS) networks, cellular, Wi-Fi or Bluetooth to determine the User’s approximate location to provide the User, location based Services.

WAIVING RIGHTS – The lack of requirement on our part for strict compliance on User’s part with any of the obligations assumed by User by virtue of a contract or of these Conditions or a lack of exercising on our part of the rights or actions that correspond to us by virtue of this contract or of the Conditions shall not constitute the waiving or limitation of said rights or actions, nor exonerate the User from fulfilling said obligations. The waiving on our part of a specific right or action shall not constitute the waiving of other rights or actions derived from the contract or from the Conditions. The waiving on our part of any of these Conditions or of the rights or actions derived from the contract shall not take effect unless expressly stipulated that it is a waiving of rights and is formalised and notified to the User. Any delay or waiver of right or remedy by SOOTBYSOOT under these Terms and Conditions shall not constitute a waiver of any other or further rights and remedies and shall not prevent SOOTBYSOOT in exercising those rights and remedies subsequently. Any waiver of rights or remedies by SOOTBYSOOT shall be in writing.

ENTIRE CONTRACT – These Conditions and any document referenced in the same constitute the Entire Contract between the Parties as regards the purpose of the same, replacing any previous pact, agreement or promise made between the Parties verbally or in writing. The Parties acknowledge that we have agreed to enter into the Contract without depending on any declaration or promise made by the other Party or that could have been inferred from any statement or document in the negotiations entered into by the two Parties prior to said Contract, except those expressly mentioned in these Conditions.

Neither Party shall take any action regarding any untrue statement made by the other Party, verbally or in writing, prior to the date of the Contract (unless said untrue statement was made fraudulently). The only action that may be taken by the other Party shall be due to breach of contract in accordance with the provisions of these Conditions.

SEVERABILITY – Each of the provisions in these Conditions are severable and distinct from the others and if at any time one or more such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Conditions shall not in any way be affected or impaired thereby.

PARTIAL INVALIDITY – If any provision of these Conditions is held to be illegal, invalid, or unenforceable under any present or future applicable Indian law, (i) such provision will be fully severable; (ii) these Conditions will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (iii) the remaining provisions of these Conditions will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.

ASSIGNMENT – The User shall not assign its rights or obligations under these Terms and the Privacy Policy to a third party.

SOOTBYSOOT in its discretion has the right to assign and transfer any or all of its rights, benefits and obligations under these Terms and Conditions or a transaction transacted through the Website, to any person.

SOOTBYSOOT including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall have no liability for the non-receipt of the Website’s service messages and notices.

GOVERNING LAW AND JURISDICTION: - For any grievances/ comments / feedback / suggestions / queries, the User may write to us.
The coordinates are mentioned below:

Name – sootbysoot

Email Address- info@sootbysoot.com

GRIEVANCE, COMMENTS, FEEDBACK AND SUGGESTIONS:

The Terms and Conditions, usage of the Website and Privacy Policy of this agreement shall be governed by Indian law and the courts in Delhi shall only have exclusive jurisdiction in the event of any disputes.