WELCOME TO XAVA
Xava and its affiliates provide their services to you subject to the terms and conditions given here under. If you visit us at Xava, you accept these Terms and Conditions. Please read them carefully. In addition, when you use any current or future Xava service (e.g. Your Account/Profile, Gift Certificates, and Your Reminder Service, etc.) or visit or purchase from any business affiliated with Xava, whFer or not included in the Xava web site, you will be subject to these guidelines and conditions for such service or business. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order placed or service provided by Xava. By using the shopping services of Xava, you agree to be bound by these terms and conditions. All products/services and information displayed on Xava constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below. Xava reserves the right to accept or reject your offer at any time or under any circumstances.
“Xava” / “Xava” / “website” means the online shopping platform and the services provided by it and its affiliates owned and operated by Nineteen Apparels Pvt. Ltd. which provides a venue / platform to the Users of Xava to buy the products listed on Xava
“Vendor” / “seller” /”affiliates” shall mean the person or any legal entity who offers for sale, sells the products on the Xava platform / website.
“Product/Products” means and includes any goods/merchandise/products/services/offers/display items that are uploaded /showcased/displayed on Xava by its Vendor and the related description, information, procedure, processes, warranties, delivery schedule, etc.
When you visit Xava or send e-mails to us or give us your feedback, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail 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.
Disclaimer of warranties and limitation of liability
Xava has made this service available to use as a matter of convenience. Xava expressly disclaims any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the images available under this service in an obscene, vulgar or pornographic manner. Xava also disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Xava does not warrant that this site, its servers, or e-mail sent from Xava are free of viruses or other harmful components. Xava will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
The Service(s) of Xava is provided on an “as is” basis without warranties of any kind, whether express or implied. Xava does not represent or warrant maintaining the confidentiality of information; although Xava’s current practice is to ensure reasonable efforts to maintain such confidentiality. It is also clearly understood by the User that all warranties and after sales services, implied or express, take place directly between the vendors and the User/buyer/customer and the terms of sale by the vendor
Xava does not endorse in anyway any advertisers/ contents of advertisers on its web pages or other communication.
Xava will not be responsible for any damage suffered by Users from use of the services on this site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
Xava assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
– The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website.
– Any interruption or errors in the operation of the Website. You expressly understand and agree that ShopNineteen shall not be liable 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 Xava has been advised of the possibility of such damages)
User agrees and acknowledges that User shall be solely responsible for User’s conduct and that Xava reserves the right to terminate your rights to use the service immediately, notwithstanding penal provisions under the Indian cyber laws or any other allied laws enacted by the government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time. In no event shall Xava, its affiliates, employees, agents, consultants, contracted companies be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Xava sites/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement.
Xava therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites.
Xava shall not be legally liable for any delay / non-delivery of purchased goods by the vendors, trade organization/s, manufacturers / shop etc. (vendors), due to flood, fire, wars, acts of God or any cause that is beyond the control of Xava.
Notwithstanding anything contained herein, Xava may also acts only as a booking agent/platform to facilitate / integrate transactions between the Users/buyers and sellers through various platforms (online web store, call centre, mail order catalogues, SMS, etc.) for various vendors/affiliates/merchants and shall in no way be responsible for any quality of product, damages, losses, expenses and/or taxes incurred by Users for the products or if the vendors/affiliates/merchants is not able to service the order of the User for any reason or any misrepresentation of any sort by the vendors/affiliates/merchants. In no event shall Xava, its directors, officials, representatives and employees be liable for any damages or claims relating to products sold through its various platforms.
All prices, unless indicated otherwise are in Indian Rupees. The availability of products is subject to change without prior notice at the sole discretion of Xava and orders can be cancelled if the product goes out of stock.
Xava reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price which may be higher or lower than published. This shall be regardless of whether the order has been confirmed and/or payment been levied via credit card or cheque or otherwise. In the event the payment has been processed by Xava, the refund amount shall be credited to your credit card account and duly notified to you by email or sent by cheque.
In a credit/debit card transaction, you must use a credit /debit card that is issued in the name of the User. Xava will not be liable for any credit/debit card fraud because of the card being used fraudulently. The liability to use a credit/debit card or a net banking transaction fraudulently will be on the User and the onus to ‘prove otherwise’ shall be exclusively on the User.
Use of the Xava website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Xava website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Xava website and shall not purchase any items. As a minor if you wish to purchase an item, such purchase may be made by your legal guardian or parents who have registered as users of the Xava website or can use the Xava website as a Guest User. Xava reserves the right to terminate your registration and refuse to provide you with access to the Xava website if it is brought to Xava’s notice or if it is discovered that you are under the age of 18 years.
Business entity registration: If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept these Terms & Conditions/User Agreement and you have the authority to bind that business entity to these Terms & Conditions/User Agreement.
The logo / image of Xava on the home page of the website & other pages and as used in the communication to the User is registered by Xava and cannot be used or communicated or distributed without the specific and written permission of Xava.
License and Site Access
Xava grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except in case Xava gives consent for the same. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Xava. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Xava and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” and Xava’s name or trademarks without the express written consent of Xava. Any unauthorized use terminates the permission or license granted by Xava. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Xava as long as the link does not portray Xava, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter or having a right to ownership of the same in any form. You may not use any Xava logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and also you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use Xava only with involvement of a parent or guardian or otherwise, Xava has the right to cancel any order or service to the User. Xava and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Xava and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Xava is associated with various business partners for the supply and service of goods directly to the customers. But the after sales service and warranty for the products, as duly applicable, for the respective products, will be taken undertaken and handled by us.
Reviews, Comments, Communications, and other Contents
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Xava reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Xava and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Xava and its affiliates and sub-licenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Xava or its affiliates for all claims resulting from content you supply. Xava has the right but not the obligation to monitor and edit or remove any activity or content. Xava takes no responsibility and assumes no liability for any content posted by you or any third party.
Suspension due to Non-Compliance with Agreement
Notwithstanding other legal remedies that may be available to Xava, Xava may in its sole discretion limit user activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate user membership, and/or refuse to provide user with access to the site if: The user is in breach any of the terms and conditions of this agreement and/or the terms and conditions of usage of Xava; The user has provided wrong, inaccurate, incomplete or incorrect information; The user attempts to defraud Xava by using the functionalities on the website; Your actions may cause any harm, damage or loss to the other Users or Xava; Illegal and/or unauthorized use of the service, including unauthorized framing of or linking to the Xava site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
Risk of Loss
All items purchased from Xava are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon the delivery to you.
Xava and its affiliates attempt to be as accurate as possible. However, Xava does not warrant that product descriptions or other content or prices/amounts of this site is accurate, complete, reliable, current, or error-free. If a product offered by Xava itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the Selling Price /MRP/ List Price displayed for products on our website represents the full retail price listed on the product itself, suggested /offered by the manufacturer or supplier or one of our merchants/affiliates, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The final price that will be applicable to a user for purchase and payment will be as per the price that is displayed in the shopping cart of the customer which can be inclusive or exclusive of any other charges in terms of the usage of the website.
You shall indemnify and hold harmless Xava, its subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement and Terms and Conditions or your violation of any law, rules or regulations or the rights of a third party.
Xava may send information and offers of products and services to you from time to time. For further details relating to our policy relating to such offer please refer to our Error! Hyperlink reference not valid..
Xava shall have no liability to you for any interruption or delay in access to the Site irrespective of the cause.
If any dispute arises between you and Xava during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and Terms and Conditions the dispute shall be first referred to a sole Arbitrator who shall be an independent and neutral third party identified by Xava. The place of arbitration shall be Delhi/New Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
This site is created and controlled by Xava. The laws of India shall apply and courts in Delhi/New Delhi shall have jurisdiction in respect of all the terms, conditions and disclaimers. Xava reserves the right to make changes to the website and the terms, conditions and disclaimers at any time and without information to the customers/users of the services/website of Xava. Users are advised to regularly check for any amendments or updates to the terms and conditions contained herein.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement.
This electronic record is generated by a computer system and does not require any physical or digital signatures.