Term Conditions Page

Terms & Conditions

1. Introduction

Welcome to pinbust.in.

Pinbust Fashion provides its services to You subject to the following Terms and Conditions.

If You visit or shop at pinbust.in, You accept these Terms and Conditions. Please read them carefully.

In addition, when You use any current or future service or visit or purchase from any business affiliated with pinbust.in, whether or not included in the pinbust.in Website, You will also be subject to the guidelines and conditions applicable to such service or business.

2. Intellectual Property Rights

a. All rights, including trademarks and other Intellectual Property rights in and to Pinbust Enterprises Private Limited, are owned by, licensed to, or assigned to Pinbust Enterprises Private Limited.

b. All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of pinbust.in or its content suppliers.

c. The compilation of all content on this Website is the exclusive property of pinbust.in.

d. Pinbust Enterprises Private Limited has filed applications for registration under the Trade Marks Act, 1999 under different classes.

e. Any violation of Our trademarks or Intellectual Property rights shall be liable for legal action.

3. Applicability of Terms

a. The following Terms and Conditions (“Terms”) govern access to and use of Our Website https://pinbust.in/ (“Website”) for purchasing or placing orders for retailed products and proprietary brands (“Products”), availing delivery services and any other services offered by Us from time to time (“Services”).

b. Pinbust Fashion (“We”, “Us”, “Our” or “Pinbust Enterprises Private Limited”), including its successors and assigns, owns and operates the Website and offers Services to its users (“User”, “You”, “Your”).

c. The terms “We”, “Us”, “Our”, “User”, “You” and “Your” are not case-sensitive and shall have the meanings attributed above even when not capitalized.

4. Account Registration

a. In order to access the Services, You must register and create an Account.

b. Prospective Users must provide the following information (“Account Information”):

•  First and last name;
• Valid email address;
•  Valid delivery/residential address;
•  Valid date of birth;
•  Gender;
•  Marital status; and
• Anniversary date, if applicable.

c. Upon submission of complete and accurate Account Information, We will generate an Account and password for access to the Website and Services.

d. Your submission of Account Information shall be governed by these Terms, Our Privacy Policy and applicable laws.

e. By accepting these Terms and the Privacy Policy, You enter into a legally binding agreement with Pinbust Fashion.

5. Definitions

a. “Account” means an account created using Your Account Information to purchase Products from the Website.

b. “Affiliates” means any entity that directly or indirectly controls, is controlled by, or is under common control with another entity.

c. “Business Days” means a day other than Saturday, Sunday or public holiday in India on which commercial banks are open.

d. “Intellectual Property” includes copyrights, patents, trademarks, service marks, logos, domain names, software, source code, know-how and all related proprietary rights.

e. “Law” or “Laws” means all applicable laws, rules, regulations, notifications, policies and judgments in India.

f. “Login Credentials” means user ID, password and/or OTP used to access Your Account.

g. “Person” includes an individual, company, partnership, trust, governmental authority or other entity.

h. “Personal Information” means information capable of identifying a natural person.

i. “SPD” or “Sensitive Personal Data” shall have the meaning assigned under the SPDI Rules.

j. “Vendor” or “Seller” means a person or legal entity offering products or services on the Website.

6. Creating Accounts and Accuracy of Information

a. In order to purchase Products listed on the Website, You must create an Account and provide accurate Account Information.

b. You agree that all information provided by You is accurate, current and complete.

c. You agree to maintain and update Your Account Information as necessary.

d. We shall not be responsible for disruption in delivery or refunds arising from inaccurate or incomplete information.

e. You may delete Your Account at any time by following the instructions on the Website.

f. We reserve the right to retain anonymized information after deletion of the Account.

7. Eligibility to Use Services

a. You represent and warrant that You are legally competent to enter into binding agreements.

b. You shall not use the Website or Services if You are not competent to contract under applicable laws.

8. Use of Account Information

a. You consent to Your Account Information being retained on databases maintained by Us.

b. You consent to sharing of Account Information with persons or entities having commercial relationships with Us.

c. Your information may be shared in original or aggregated form with Our partners, licensors and Affiliates.

d. You consent to receiving Third-Party Links and advertisements.

e. You consent to receiving calls, SMS and promotional communications regarding Our Services.

9. Product Pricing

a. Product prices listed on the Website are indicative of the Maximum Retail Price (“MRP”).

b. Errors in pricing or data entry may occur.

c. We reserve the right to cancel orders in case of incorrect pricing.

d. In such cases, any payment received shall be refunded.

e. Prices are subject to change without prior notice.

f. All prices are displayed in Indian Rupees.

g. Taxes applicable in India shall apply to Products.

10. Out of Stock Situations

a. We endeavor to keep all listed Products available in stock.

b. In case a Product is unavailable, We will contact You within 2 Business Days.

c. You may choose an alternative Product or cancel the order.

11. Payment Options

a. The following payment methods are accepted:

i. Credit Cards;

ii. Debit Cards;

iii. Net Banking;

iv. Third-Party Wallets.

12. Delivery of Products and Charges

a. Shipping and handling charges vary depending on product type, size and delivery location.

b. Charges shall be displayed during checkout.

c. Delivery shall be considered failed in the following circumstances:

i. Wrong address provided;

ii. User unavailable at delivery address;

iii. Premises locked.

d. Deliveries may be rescheduled due to floods, lockdowns, strikes or heavy rains.

e. Once Products are dispatched, delivery charges become payable irrespective of failed delivery circumstances.

f. Additional delivery attempts may attract additional charges.

g. Delivery timelines are indicative only.

13. Cancellation, Return and Exchange Policy

a. We are not responsible for Products accepted by persons other than the customer at the delivery address.

b. Delivery shall not be redirected to another address.

c. Shortages or damages must be reported on the same day of delivery.

d. Defective Products must be reported immediately.

e. Defective Products may be returned or exchanged only if:

•  Original receipt is presented;
• Product is unused;
•  Product is in original packaging.

f. Refunds and exchanges are subject to inspection and approval.

g. We reserve the right to amend the Return and Exchange Policy.

14. Intellectual Property Rights

a. All Intellectual Property displayed on the Website and Services is proprietary property of Pinbust Eshop.

b. Users shall not copy, reproduce, modify, distribute or exploit Proprietary Information without prior written consent.

c. Ownership of third-party Intellectual Property shall remain with the respective owner.

15. User Conduct and Behavior

a. You agree to comply with all applicable laws while using the Website.

b. You shall not:

1. Upload unlawful, abusive, defamatory or obscene content;
2.  Reverse engineer or decompile any part of the Website;
3. Introduce viruses or malicious code;
4. Gain unauthorized access to systems;
5.  Promote competing products or services;
6.  Scrape or copy Website content;
7. Harass, stalk or intimidate others;
8.  Send phishing, spoofing or spam messages;
9. Manipulate payment, refund or cancellation policies;
10. Violate any provision of these Terms.

16. Suspension Due to Non-Compliance

a. We reserve the right to suspend or terminate Your Account if:

i. You violate these Terms or the Privacy Policy;

ii. You provide false or inaccurate information;

iii. Your actions cause harm or loss to other users or Us.

17. Representations and Warranties

a. You represent and warrant that:

• You will not misuse the Website or Services;
• You will not attempt unauthorized access;
• You will not use the Website unlawfully;
• You will not resell any part of the Website or Services;
• You will not exploit Proprietary Information without consent.

18. User Responsibilities

a. You are responsible for maintaining confidentiality of Login Credentials.

b. You shall immediately notify Us of unauthorized access to Your Account.

c. We shall not be liable for losses arising from failure to safeguard Login Credentials.

d. You are responsible for compliance with TRAI regulations regarding Do Not Disturb registration.

19. User License

a. Users are granted a limited, non-transferable license to access and use the Website.

b. Users shall not:

• Reproduce or commercially exploit Website content;
• Build competing services using Website content;
• Modify or reverse engineer the Website.

20. Acceptable Use Policy

a. Users shall not use the Website to upload or distribute unlawful, hateful, pornographic or infringing content.

b. Users shall not:

i. Upload malware or harmful software;

ii. Send spam or unauthorized advertisements;

iii. Harvest user data without consent;

iv. Interfere with Website functionality;

v. Gain unauthorized access to systems.

c. We reserve the right to modify, suspend or discontinue the Website or Services at any time.

21. Support and Maintenance

a. For complaints or queries, Users may contact: info@pinbust.in

b. We are not obligated to provide uninterrupted support or maintenance.

22. Ownership

a. Excluding User Account Information, all rights, title and interest in the Website and Services belong to Pinbust Eshop.

b. These Terms do not transfer ownership of Intellectual Property rights to Users.

23. Personal Information

a. Users represent that Account Information and other submitted information do not violate these Terms.

b. We may review, remove or modify User information in case of violations.

24. Indemnity

a. You agree to indemnify and hold harmless Pinbust Eshop, its employees, directors and affiliates against all claims, damages, liabilities and expenses arising from:

i. Violation of these Terms;

ii. Violation of applicable laws;

iii. Infringement of Intellectual Property rights;

iv. Misuse of the Website or Services.

25. Submissions

a. Any comments, suggestions or feedback submitted by You may be used by Us without restriction or compensation.

b. You grant Us a royalty-free, perpetual and irrevocable license to use such submissions.

26. Release

a. You release Pinbust Eshop and its Affiliates from claims arising out of use of the Website, Services or interactions with third parties.

27. Limitation of Liability

a. To the maximum extent permitted by law, Pinbust Eshop and its Affiliates shall not be liable for indirect, incidental, consequential or punitive damages.

b. Use of the Website and Services is entirely at Your own risk.

28. Disclaimers

a. The Website and Services are provided on an “as-is” and “as-available” basis.

b. Product images are indicative only.

c. We disclaim all warranties including merchantability, fitness for purpose and non-infringement.

d. We do not guarantee uninterrupted or error-free Services.

29. Term and Termination

a. These Terms remain effective while You use the Website or Services.

b. We may terminate or suspend Your Account at any time.

c. Upon termination, access to the Website and Services shall cease immediately.

30. General

a. Electronic Communications

• You consent to receive electronic communications from Us.
•  Electronic communications satisfy legal requirements for written communication.

b. Entire Agreement

These Terms together with the Privacy Policy constitute the entire agreement between You and Us.

c. Waiver : Failure to enforce any provision shall not constitute waiver.

d. Headings and Interpretation , Section headings are for convenience only.

e. Severability : Invalid provisions shall be modified or severed without affecting remaining provisions.

f. Relationship Between Parties:  Nothing in these Terms creates employment, agency or partnership relationships.

g. Assignment

•  Users may not assign rights without prior written consent.
• We may freely assign rights and obligations.

31. Contact Information

For written communications, contact: info@pinbust.in/pinbustau@gmail.com