Terms Of Use
Welcome to Luish.in
Luish.in provide their services to you subject to the terms and conditions are given hereunder. If you visit us at Luish.in, you accept these Terms and Conditions. Please read them carefully. 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 Luish.in. By using the shopping and other services of Luish.in, you agree to be bound by these terms and conditions. All products/services and information displayed on Luish.in constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below Luish.in reserves the right to accept or reject your offer at any time or under any circumstances.
Definitions
“Agreement” means the terms and conditions as detailed herein including all schedules, appendices, annexures, privacy policy, and will include the references to this agreement as amended, negated, supplemented, varied, or replaced from time to time.
“Luish.in” means the online shopping platform www.Luish.in (site/website),) and the services provided by it and its affiliates owned and operated by Lexzer Enterprises Pvt. Ltd. to buy the products listed on Luish.in
Disclaimer of warranties and limitation of liability
Luish.in does not warrant that these sites/applications, its servers, or e-mail sent from Luish.in are free of viruses or other harmful components. Luish.in will not be liable for any damages of any kind arising from the use of these sites/applications, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
The Service(s) of Luish.in is provided on an “as is” basis without warranties of any kind, whether express or implied. Luish.in does not represent or warrant maintaining the confidentiality of information; although Luish.in 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 expressed, take place directly between the vendors and the User/buyer/customer and the terms of sale by the vendor
Luish.in does not endorse in anyway any advertisers/ contents of advertisers on its pages or other communication.
Luish.in will not be responsible for any damage suffered by Users from the use of the services on its sites. 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 or mobiles 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.
Luish.in 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 Luish.in.
Luish.in shall not be 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 Luish.in.
Notwithstanding anything contained Luish.in and orders can be canceled if the product goes out of stock with the Vendor/Seller. Luish.in 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 Luish.in the refund amount shall be credited to your credit card account or sent by cheque, and you would be duly notified by email.
In a credit/debit card transaction, you must use a credit /debit card that is issued in the name of the User. Luish.in 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.
Any request for cancellation of orders once duly placed on the site, shall not be entertained.
In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost incurred by Luish.in for re-delivery shall be claimed from the User placing the order.
All products are duly screened and assured by the vendors to ensure that the products are of the standard, quality, composition, style, or model that they represent and as displayed on Luish.in on behalf of the vendor/merchant/affiliate/merchant. All and any additional information/description, etc. for a product that is displayed/showcased on Luish.in is on behalf of the vendor/merchant/affiliate/manufacturer and is as provided to Luish.in. Luish.in does not take any responsibility for any incorrect or error in the display/showcase of such information.
Presently, the service(s) of Luish.in Shopping are being offered free. However, Luish.in reserves the right to charge a fee for any or such facilities or freight or handling charges or shipping charges or statutory taxes as per the terms of the buyer/seller. Luish.in also reserves the right to offer certain services or product offers, exclusively to a limited set of customers at its sole discretion or under specific terms & conditions.
Luish.in and its affiliates reserve the right to cancel orders for the product in their sole discretion for any reason which can include but are not limited to, the product being out of stock, or for any other reason without intimation to the User.
Use of Luish.in is available only to persons who can form legally binding contracts under Indian Contract Act, 72. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 72 including minors, un-discharged insolvents, etc. are not eligible to use Luish.in. If you are a minor i.e. under the age of years, you shall not register as a member of Luish.in. and shall not purchase any items. As a minor, if you wish to purchase an item, such a purchase may be made by your legal guardian or parents who have registered as users of Luish.in or can use Luish.in as a Guest User. Luish.in reserves the right to terminate your registration and refuse to provide you with access to Luish.in if it is brought to Luish.in notice or if it is discovered that you are under the age of
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.
Trademark
The logo/image of Luish.in on the home page of the websites, mobile site or applications & other pages and as used in the communication to the User is registered by
Lexzer Enterprises Pvt. Ltd. and cannot be used or communicated or distributed without the specific and written permission of Lexzer Enterprises Pvt. Ltd.
License and Site Access
Luish.in grants you a limited license to access and make personal use of the websites/ mobile sites/applications and not to download (other than page caching) or modify it, or any portion of it, except in case Luish.in 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 these websites/ mobile sites/applications 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. These sites/applications or any portion of these sites/applications may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express wrote consent of Lexzer Enterprises Pvt. Ltd. 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 Luish.in and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” and Lexzer’s name or trademarks without the express written consent of Lexzer Enterprises Pvt. Ltd. Any unauthorized use terminates the permission or license granted by Lexzer Enterprises Pvt. Ltd. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Luish.in as long as the link does not portray Lexzer Enterprises Pvt. Ltd, 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 Luish.in logo or other proprietary graphic or trademark as part of the link without express written permission.
Your Account
If you use Luish.in, 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. Luish.in does sell products for children, but it sells them to adults, who can purchase with a credit card or otherwise. If you are under, you may use Luish.in only with the involvement of a parent or guardian or otherwise, Luish.in has the right to cancel any order or service to the User. Luish.in and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Luish.in is associated with various business partners for the supply and service of goods directly to the customers. Luish.in is a marketplace for the products with its business partners. The after-sales service and warranty for the products sold by our business partners, as duly applicable, for the respective products, will be taken undertaken and handled by the respective business partners or through their respective service centers.
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. Luish.in 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 Luish.in 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 Luish.in 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 Luish.in or its affiliates for all claims resulting from content you supply. Luish.in has the right but not the obligation to monitor and edit or remove any activity or content. Luish.in 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 Luish.in, Luish.in 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 a user with access to the sites/applications if:
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The user is in breach of any of the terms and conditions of this agreement and/or the terms and conditions of usage of Luish.in
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The user has provided wrong, inaccurate, incomplete, or incorrect information
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The user attempts to defraud Luish.in by using the functionalities on the websites/ mobile sites/applications;
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Your actions may cause any harm, damage, or loss to the other Users or Luish.in
Illegal and/or unauthorized use of the service, including unauthorized framing of or linking to Luish.in 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 Luish.in 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 the carrier by the vendor/merchant/affiliate/manufacturer.
Product Description
Luish.in and its affiliates attempt to be as accurate as possible. However, Luish.in does not warrant that product description or other content or prices/amounts on Luish.in are accurate, complete, reliable, current, or error-free. If a product offered by Luish.in itself is not as described, your sole remedy is to return it in unused condition.
Pricing
Except where noted otherwise, the Selling Price/HS price/MRP/MOP/List Price/Offer Price displayed for products on our websites/mobile sites/applications 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 Selling Price/HS price/MRP/MOP/List Price/Offer Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set/pack/combo/arrangement, the Selling Price/List Price/HS price may represent “open-stock” prices, which mean the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set/pack/combo/arrangement. 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 ofLuish.in.
Material Submitted by Users
Certain elements of the sites/applications will contain material submitted by users. Luish.in accepts no responsibility for the contentâs accuracy or nature or to the conformity to applicable laws of such material.
Advertising Material
Part of the sites/applications contains advertising/other material submitted to Luish.in by third parties. Responsibility for ensuring that material submitted for inclusion Luish.in complies with applicable International and National law is exclusively on the advertisers and Luish.in will not be responsible for any claim, error, omission or inaccuracy in advertising material. Luish.in reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on Luish.in will be subject to Luish.in terms and conditions which are available on request.
Indemnity
You shall indemnify and hold harmless Luish.in, 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.
Data Protection
Luish.in 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 an offer please refer to our privacy-policy.
Force Majeure
Luish.in shall have no liability to you for any interruption or delay in access to the Sites/Applications irrespective of the cause.
Arbitration
If any dispute arises between you and Luish.in, 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 Luish.in. 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.
Applicable law
This site is created and controlled by Luish.in. The laws of India shall apply and courts in Delhi/New Delhi shall have jurisdiction in respect of all the terms, conditions, and disclaimers. Luish.in reserves the right to make changes to the terms, conditions, and disclaimers at any time and without information to the customers/users of the services/of Luish.in. Users are advised to regularly check for any amendments or updates to the terms and conditions contained herein.
Entire Agreement
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 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.