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Terms & Conditions

Terms & Conditions

Thank you for visiting this website, www.vittag.com. In these Terms and Conditions, "we," "our," and "us" refer to Swan International, and "you" and "your" refers to the User of the Website.

 

Your visit to this Website is subject to these Terms and Conditions (Agreement) and our Privacy Policy, which is available here on this Website.

 

These Terms and Conditions is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and the rules made thereunder and the amended provisions about electronic documents/records in various statutes as amended by the Information Technology Act, 2000 from time to time. This Agreement does not require any physical, electronic, or digital signature.

 

This document is published by the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which requires publishing the rules and regulations, privacy policy, and terms and conditions for access or usage of the Website. Please read these Terms and Conditions (Agreement) carefully. By using the website, you indicate, agree, and acknowledge that you understand, agree, and consent to these Terms and Conditions. If you disagree with the terms of this Agreement, please do not use this Website.

 

The Website's domain name is owned and independently operated by Swan International, with its registered office on the 3rd Floor, Plot No 40, DSIIDC Scheme -I, Okhla Industrial Area, Phase -II, South Delhi, Delhi 110020.

 

Your use of the Website confirms that services and tools are governed by the following terms and conditions (Agreement) as applicable to the Website, including the applicable policies incorporated herein by way of reference. If you transact on the Website, you shall be subject to the guidelines relevant to the Website for such transaction. By merely using the Website, You shall be contracting with Swan International, and Swan International reserves the right to update or modify these Terms and Conditions without prior notice. Your use of this Website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as and when they change.

 

“Agreement" means the terms and conditions as detailed herein, including all Privacy Policy and Payment Policy, and will include the references to this Agreement as amended, supplemented, varied, or replaced occasionally. This Agreement is between Swan International, which expression shall, unless repugnant to or inconsistent with the context, mean and include the successors and permitted assigns, heirs, executors, legal representatives, and administrators, as the case may be of the One Part and the User of the Website and websites operated by Swan International as a website visitor or as a person intending to make a purchase or making a purchase on one or more of our websites which are owned, fully or partially by Swan International or operated by Swan International as a licensee.

 

Swan International engages in marketing and selling a range of hard and soft luggage, including trolleys, suitcases, duffels, briefcases, backpacks, and laptop bags.

 

If any Website links are provided to external websites, Swan International shall not be responsible for the actions or consequences of the links provided. Using this Website, you declare and agree that you have the full power and authority to enter into a transaction with Swan International. You are over 18 years of age and legally competent to enter an Agreement. Any fraud, negligence, deliberate omission, wrongful act/omission, or default you conduct will be subject to legal action. Swan International shall not be responsible for your actions resulting in or relating to fraud, negligence, deliberate omission, wrongful act/omission, or default.

 

Swan International shall not be liable for any loss or damage arising from its failure to perform any of its obligations under this Agreement if such failure is the result of circumstances outside and beyond its control including but not limited to the outbreak of war, any governmental act, act of war, explosion, accident, civil commotion, riot, industrial dispute, strike, lockout, stoppages or restraint of labor from whatever cause, whether partial or general, weather conditions, traffic congestion, mechanical breakdown, obstruction of any public or private road or highway or outbreak of any infectious disease or any other force majeure, fire, flood or any other act of God.

 

Swan International may make changes or modify the Website, its contents, policies, and Terms and Conditions, including the privacy, shipping, and return policies, without prior notice. It may do so with no prior permission from users of the site or any service.

 

We strive to provide you with the best prices on products and services you buy on this Website. However, we do not guarantee that the price will be the lowest in the city, region, or geography. Prices and availability are subject to change without any prior notice. The prices mentioned on the Website are not subject to comparison with the same or similar product(s) and service(s) available through any online or offline sale. The pricing is subject to Vittag pricing policy, and the prices shall be determined only at Swan International's sole discretion.

 

Swan International shall not be responsible for any consequences arising from using the product. The buyer or user of the product needs to judge the safety and risks associated with various products that may be sold, and users are solely responsible for the consequences of using these products.

 

Electronic Communications:

Legal Satisfaction: When you visit the website or send emails to us, you are communicating with us electronically

 

Consent: You consent to receive our communications electronically by communicating with us. We will communicate with you by email or by posting notices on this 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.

 

Orders & Payments, Delivery, Title Of Products & Risk Of Loss And Return Policy:

 

While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. If a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We will have the right to modify the product's price and contact you for further instructions using the e-mail address or telephone number you provided during the registration or cancel the order and notify you of such cancellation. If we accept your order, the same shall be debited to your credit card/bank account/Paytm wallet, as you may opt for. The payment may be processed before dispatch of the product you ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed and sent back to you through the instrument from which the payment was received.

 

Please note that there may be specific orders that we cannot 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 shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department, or any defect regarding the quality of the product. 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 further information is required to receive your order.

 

We reserve the right to accept or reject requests for any reason, including requests for order cancellations. A request for cancellation of an order shall be valid based on the following scenarios:

 

Case 1: COD Payment mode:

Orders can be canceled until the invoice is generated, i.e., the invoice is not generated and the product has yet to be dispatched.

Case 2: Online Payment

A request for cancellation of an order shall be valid and accepted only if they are made within 24 (twenty-four) hours of making the order on the Website. We will not be able to cancel orders that have already been processed or orders for which a cancellation request is made after the expiry of 24 (twenty hours) from making the order.

 

We have the full right to decide whether an order has been processed. The customer agrees not to dispute our decision and accepts our decision regarding the cancellation. If the customer cancels the order, we shall not refund the promotional voucher, if any, used by the customer against such an order.

 

Our fraud detection team monitors the user’s account to avoid fraudulent accounts and transactions. Users with multiple accounts or fraudulently availing referral vouchers shall be liable for legal actions. We reserve the right to recover the cost of goods, collection charges, and lawyer’s fees from persons using the Website fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, before initiation of legal actions, we reserve the right to immediately delete such account and dishonor all past and pending orders without any liability. For this clause, we shall owe no liability for any refunds.

 

Shipping of products will be done using the method indicated in the order. If, for any reason, Swan International decides to send the product using an alternate method other than the one shown in the order, you will not need to pay any additional charges for this. Title and risk of loss for any or all products ordered by you shall pass on to you upon Vittag bag shipment to the shipping carrier. The product color and actual size may vary depending on the visual representation on the website.

User Account, Password, and Security:

You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account and are solely and entirely responsible for all activities that occur under your password or account. You agree to (a) immediately notify Swan International of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account at the end of each session. Swan International cannot and shall not be liable for any loss or damage arising from your failure to comply.

Privacy Policy:

The User now represents, expresses, and agrees that he has read and fully understands the Privacy Policy of Swan International/Vittag the Website. The user further agrees that the terms and contents of such Privacy Policy are acceptable to him.

Limited User:

The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Unwarranted modification of data and information within the content of the Website is not permitted.

 

The User agrees and undertakes this license does not include any resale or commercial use of this site or its contents, any collections and use of any product listings, descriptions, or prices, any derivative use of this site or the content, any downloading or copying account information for the benefit of another merchant; or any use of any data mining, robots, scraping or similar data gathering You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text layout or form ) of the website and our affiliates/subsidiary without our express written permission. You may not use any metatags or any other" hidden text utilizing the website's name or trademarks without the express written consent of Swan International/website. Any unauthorized use terminates the permission or license granted by the website. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the website as long as the link does not portray

 

www.vittag.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo, proprietary graphic, or trademark as part of the link without express written permission.

 

User Conduct and Rules:

 

You agree and undertake to use the Website and the Service only to post and upload proper messages and material. By way of example, and not as a limitation, you agree and undertake that

When using a Service, you will not:

 

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;

 

Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information;

 

Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights to it or have received all necessary consents;

 

Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;

 

Conduct or forward surveys, contests, pyramid schemes, or chain letters;

 

Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner;

 

Falsify or delete any author attributions, legal or other proper notices, proprietary designations, or labels of the origin or source of software or other material contained in a file that is uploaded;

 

Violate any code of conduct or other guidelines which may apply for or to any particular Service;

 

Violate any applicable laws or regulations for the time being in force in or outside India and

Violate any of the terms and conditions of this Agreement or any other terms and conditions for using the Website contained elsewhere, exploit any of the services.

 

We reserve the right to deprive individual customers of our Cash on Delivery payment option. Moreover, we might refuse any of our services, terminate accounts, and cancel orders at our discretion, including but not limited to if we believe that customer conduct violates applicable law or harms our interests.

 

You shall not make any derogatory, defamatory, abusive, inappropriate, profane, or indecent statement/s and comment/s about Vittag brand or Swan International, its associates, and partners on any property Swan International owns.

 

User Warranty and Representation:

 

The User guarantees, warrants, and certifies that the User is the owner of the content which is submitted or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights, or other rights of any individual or entity, including but not limited to a company, firm, partnership, etc. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name, service mark, and copyright formerly or currently used by you in connection with the Services rendered by Swan International.

 

On the website, you may post reviews, comments, and other content; in other communications, you may submit suggestions, ideas, or other information as per the posting rules enshrined in this agreement. You may not use a false email address, Impersonate any person or entity, or otherwise mislead while you use the website. The website reserves the right to (but not an obligation) to remove or edit such content but does not regularly review the posted content. If you post the content or submit material and unless we indicate otherwise, you grant the website / Swan International a nonexclusive, royalty-free, perpetual, Irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create a derivative work from, distribute and display such content throughout the world in any media. You grant the website and its affiliates and sub-licensees a right to use the name you submit in connection with such content.

 

You are solely responsible for your interactions with other people, whether online or in person. S is not responsible or liable for any loss or damage resulting from interaction with other platform users, persons you meet through the website, or persons who find you because of information posted on, by, or through the website. You agree to take reasonable precautions in all interactions with other users on the website and conduct any necessary investigation before meeting another person. Swan International is not obligated to become involved with any user dispute but may do so at its discretion.

 

Swan International does not guarantee the website will be free from user-generated content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable. Swan Internationalis merely acts as a passive channel for such distribution and is not undertaking any obligation or liability relating to any user-generated content or activities of users on the website. Even in the event Swan International chooses to monitor any user-generated content, Swan International assumes no responsibility for, or any obligation to monitor or remove, such user-generated content. Swan International reserves the right to edit, remove, or refuse to post user-generated content or terminate your registered account for any reason.

 

Intellectual Property Rights:

Swan International owns the Website and shall retain all intellectual property rights, ownership, and proprietary rights. It shall have the sole right, title, and interest in and over the Website. No part of the Website, the designs, or the terms and references within shall be copied or transmitted commercially. Nothing contained in this Agreement shall grant or be deemed to grant, whether directly or by implication, any right, title, or interest in or to the ownership or use of the Trade Marks and Intellectual property. Purchases on this site do not transfer any intellectual property related to the products, their design, or concepts to you.

 

Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any service, including any text, data, information, images, photographs, music, sound, video, or any other material which you may upload, transmit or store when making use of our various service. However, about the product customization service (as against other Services like blogs and forums), you expressly agree that by uploading and posting content onto the Website for public viewing and reproduction/use of Your Content by third-party users, you accept the User whereby you grant a non-exclusive license for the use of the same.

Indemnification:

You agree to indemnify, defend, and hold harmless Swan International from and against any losses, liabilities, claims, damages, costs, and expenses (including legal fees and disbursements in connection in addition to that and interest chargeable thereon) asserted against or incurred by  Swan International that arise out of, result from, or may be payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You under these Terms and Conditions.

Unauthorized Charges on your card:

If You see charges on Your credit/debit card for purchases made on the Website but You never created an account or signed up, please check with Your family members or business colleagues authorized to make purchases on your behalf to confirm that they haven't placed the order. If you still cannot recognize the charge, please report the unauthorized purchase to your Bank to enable them to investigate.

Cancellation of Fraudulent Orders:

To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In detecting any suspicious activity, Swan International reserves the right to cancel all past, pending, and future orders without liability. Swan International also reserves the right to refuse or cancel orders in scenarios like inaccuracies in the pricing of products on the website and stock unavailability. 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 further information is required to receive your order. If your order is canceled after your card has been charged, the cancellation is accepted only if the request is made within 24 (twenty-four) hours of making the order on the Website. We will not be able to cancel orders that have already been processed or orders for which a cancellation request is made after the expiry of 24 (twenty hours) from making the order.

Any promotional voucher used for the canceled orders shall not be refunded.

The customer may be considered fraudulent if any of the following scenarios are met:

The Customers with a very high return rate;

The customer doesn't reply to the payment verification mail sent ;

The customer fails to produce adequate documents during the payment details verification;

Misuse of another customer's phone/email;

The customer uses an invalid email and phone no.;

Overuse of a voucher code;

Use of a special voucher not tagged to the email I.D. used;

The customer returns the wrong product;

The customer refuses to pay for an order;

The customer is involved in the snatch and run for any order;

Invalid/Incomplete address escalated by F.E.; and

Cancellation of Bulk Orders,

Swan International may cancel any order classified as a 'Bulk Order' under specific criteria at any stage of product delivery. An order can be classified as a 'Bulk Order' if it meets the below-mentioned criteria and any additional criteria as defined by Swan International:

 

Products ordered are not for self-consumption but for commercial resale;

Multiple orders placed for the same product at the same address, depending on the product category;

Bulk quantity of the same product ordered;

Invalid address given in order details, or

Any malpractice used to place the order.

Any promotional voucher used to place the 'Bulk Order' may not be refunded.

Process for Pilferage Claim

If a customer raises a complaint for a partial item/partial order through Customer Care:

The customer is supposed to claim for pilferage within 48 hours of delivery, failing which the claim will not be entertained;

An Email will be sent to support@vittag.com seeking/providing the following information:

Short description of the case (A few questions will be asked to help us understand the scenario);

The snapshots of the packet and other box (If any)(Try to cover the sides which look tampered/damaged as per the customer); and

The refund for prepaid orders will be processed after investigation, which usually requires 3-4 business days.

The process will include an investigation with the concerned departments.

The customer may not be liable for a refund if he/she falls in any of the scenarios stated below:

The customer fails to provide adequate information about the case;

The customer fails to provide snapshots of the packet and box (if any);

If an opened delivery was received, pilferage claims must be made the same day, and

The customer must not dispose of the packaging for 3-4 days post-delivery. We might need to pick up your packaging for investigation at our end.

Customer Care

You can call us at 18005728224 or send us an email at support@vittag.com.

This Agreement shall be subject to and construed by the laws of India, and the Parties, at this moment, submit to the exclusive jurisdiction of the courts of Delhi.

Liability

Swan International shall only be liable for the actual and direct and any other losses suffered by you due to access or use of this Website, subject to the maximum limit of the amount paid by you for the purchase of the respective products from this Website. Notwithstanding anything contained elsewhere, Swan International shall not at all be liable to you / third party for any direct and indirect damages, claims, or losses, including loss of profits, loss of business, or indirect, consequential, or punitive damages whatsoever in connection with the provision or use of Information hereunder including the usage of this Website.

Termination

You or we may suspend or terminate your account or use of this Website at any time, for any reason, or no reason. You are personally liable for any orders placed or charges incurred through your account before termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.

Dispute Resolution

In the event of any disputes, differences, or controversies between the Parties hereto, out of or in connection with the provisions of this Agreement, or any action taken hereunder, the Parties hereto shall thoroughly explore all possibilities for an amicable settlement. In case an amicable settlement cannot be reached, such disputes, differences, or controversies shall be referred to arbitration by the provisions of the Arbitration and Conciliation Act, 1996, including any amendment or re-enactment thereof. Such arbitration proceedings shall be conducted in English, and the venue shall be Delhi. Such arbitration award shall be final and binding upon the Parties hereto. All notices, demands, or other communications required or permitted to be given or made under or in connection with this Agreement shall be in writing and sufficiently given or made (i) if delivered by hand or (ii) sent by pre-paid registered post addressed to Swan International.