Terms of service

OVERVIEW

Welcome to Purple Chimes! The terms "we", "us" and "our" refer to Purple Chimes. Purple Chimes operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Purple Chimes is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least 18 years of age and legally capable of entering into a binding agreement under applicable Indian law.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide to us is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colours, images or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance of products purchased by you will exactly match the images displayed on our website, subject always to your rights under applicable Indian consumer protection laws.

All product descriptions are subject to change at any time without notice at our discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, where permitted by applicable law.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase the product(s) selected by you. Purple Chimes reserves the right to accept or decline your order for any lawful reason at its discretion. Your order is not accepted until Purple Chimes confirms acceptance.

We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Purple Chimes may be unable to accommodate cancellation requests after an order has been accepted or processed.

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address and/or phone number provided at the time the order was placed.

Your purchases are subject to return, refund or exchange solely in accordance with our Refund Policy [LINK] and applicable Indian laws.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale, unless otherwise agreed with Purple Chimes.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation.

Unless otherwise expressly stated, applicable taxes, including Goods and Services Tax (GST), and shipping or delivery charges will be displayed or charged as applicable at checkout.

Prices posted in our online store may differ from prices offered through physical stores or third-party marketplaces or websites.

We may offer promotions on the Services from time to time. Such promotions may be governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion-specific terms will apply to that promotion.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

You represent and warrant that the payment information you provide is accurate and that you are duly authorised to use the payment method for the purchase. You agree to pay all charges applicable to your purchase, including the product price, shipping or handling charges and applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

We make every effort to ensure that orders are processed and delivered within the estimated delivery timelines provided at the time of purchase. However, delivery times are estimates only and are not guaranteed.

Purple Chimes cannot be held responsible for delays caused by courier or postal services, customs or other authorities, weather conditions, strikes, natural events, technical issues or other circumstances beyond our reasonable control.

All orders will be delivered to the address provided by the buyer at the time of placing the order. Please ensure that your delivery address and contact details are accurate and complete. Purple Chimes cannot be held responsible for delivery issues arising from an incorrect or incomplete address provided by the buyer.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Purple Chimes, its affiliates or licensors and are protected under applicable Indian intellectual property laws and other applicable laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material on the Services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting any licence or other rights to you under any patent, trademark, copyright or other intellectual property rights of Purple Chimes, Shopify or any third party.

Unauthorised use of the Services may constitute a violation of applicable intellectual property laws. All rights not expressly granted herein are reserved by Purple Chimes.

Purple Chimes' names, logos, product and service names, designs and slogans are trademarks of Purple Chimes or its affiliates or licensors. You must not use such trademarks without the prior written permission of Purple Chimes.

Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over or input into.

You acknowledge and agree that we provide access to such tools "as is" and "as available", without warranties, representations or conditions of any kind and without endorsement.

To the extent permitted by applicable law, we shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services, including new tools and resources. Such new features shall also be deemed part of the Services and shall be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

To the extent permitted by applicable law, we are not liable for any harm or damages related to your access to third-party websites, or your purchase or use of any products, services, resources or content available on third-party websites.

Please review the third party's policies and practices carefully and make sure you understand them before engaging in any transaction.

Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Purple Chimes is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our Store are made directly with Purple Chimes.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Purple Chimes, including any injury, damage or loss resulting from purchased products or services, to the extent permitted by applicable law.

You acknowledge that Shopify and its affiliates provide the technology platform that enables Purple Chimes to operate the Store and are not the seller of the products offered through our Store.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK].

Certain personal information may also be subject to Shopify's Privacy Policy, which can be viewed here.

By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide and improve its services. Information you submit to the Services may be transmitted to and shared with Shopify and other service providers, including providers that may be located outside India, where necessary to provide services to you and subject to applicable laws.

Please review our Privacy Policy [LINK] for more information about how Purple Chimes, Shopify and our service providers use and protect your personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any lawful purpose, including commercial purposes, subject to applicable law.

You also represent and warrant that:

(i) you own or have all necessary rights to the Feedback;

(ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and

(iii) your Feedback complies with these Terms and applicable law.

We are under no obligation to maintain your Feedback in confidence, pay compensation for your Feedback or respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our discretion to be unlawful, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable, or that violates any person's intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any right of a third party, including copyright, trademark, privacy, personality or other personal or proprietary rights.

You further agree that your Feedback will not contain unlawful, abusive or obscene material or any computer virus or other malware that could affect the operation of the Services or any related website.

You may not use a false email address, impersonate another person or entity, or otherwise mislead us or third parties as to the origin of any Feedback.

You are solely responsible for the Feedback you submit and its accuracy. To the extent permitted by law, Purple Chimes assumes no responsibility or liability for Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information is inaccurate, including after you have submitted your order, subject to applicable law.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not access or use the Services, directly or indirectly:

(a) for any unlawful or malicious purpose;

(b) to violate any applicable law, regulation, rule or governmental requirement in India;

(d) to harass, abuse, insult, harm, defame, slander, disparage or intimidate our employees or any other person;

(e) to transmit false or misleading information;

(f) to upload, download, use or transmit material that does not comply with these Terms;

(g) to send unsolicited advertising or promotional material, including spam or similar solicitations;

(h) to impersonate or attempt to impersonate any person or entity; or

(i) to engage in conduct that restricts or inhibits anyone's use or enjoyment of the Services or that, as determined by us, may harm Purple Chimes, Shopify or users of the Services or expose them to liability.

In addition, you agree not to:

(a) upload or transmit viruses or other malicious code;

(b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services without our written permission;

(d) spam, phish or otherwise engage in fraudulent activity through the Services;

(e) use robots, spiders, scraping, data-gathering or extraction tools, automated devices, AI tools or other automated or manual means to access the Services in a manner that violates these Terms or applicable law; or

(f) interfere with, bypass or circumvent the security or authorisation features or other measures we employ to restrict access to the Services.

We reserve the right to suspend, disable or terminate your account or access to the Services if we reasonably determine that you have violated these Terms, subject to applicable law.

SECTION 14 - AGENTS

14.1 This section ("Agent Terms") applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed using a person's device without direct supervision.

14.2 No Agent may access, use or interact with the Services unless, at all times, it identifies itself and operates in accordance with the requirements in Section 14.4 below. No Agent may access, use or interact with the Services if we have requested that the Agent refrain from doing so.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses or interacts with the Services.

14.4 Agents must:

(i) identify that the request is from an Agent and disclose the name of the Agent;

(ii) not conceal or obfuscate that access, use or interaction is being performed by an Agent;

(iii) respond truthfully to any question or prompt seeking to determine whether interactions are coming from a human or a computer; and

(iv) not circumvent or otherwise avoid any measure intended to block, limit, modify or control whether and how Agents access, use or interact with the Services.

SECTION 15 - TERMINATION

We may terminate or restrict your access to the Services, or any part thereof, where permitted by applicable law, including where you violate these Terms.

You will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is at your own risk.

To the fullest extent permitted by applicable law, Purple Chimes disclaims liability and responsibility arising from reliance placed on such materials by you or any other visitor to the Services.

EXCEPT AS EXPRESSLY STATED BY PURPLE CHIMES OR AS REQUIRED UNDER APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY WARRANTY, RIGHT OR REMEDY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE INDIAN LAW.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PURPLE CHIMES, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS AND LICENSORS, AND SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, SAVINGS, DATA OR BUSINESS OPPORTUNITIES, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY WHERE SUCH EXCLUSION OR LIMITATION IS NOT PERMITTED UNDER APPLICABLE INDIAN LAW, INCLUDING LIABILITY THAT CANNOT LAWFULLY BE DISCLAIMED OR LIMITED.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Purple Chimes, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities, claims and reasonable legal expenses arising from:

(1) your breach of these Terms of Service or the documents incorporated by reference;

(2) your violation of applicable law or the rights of a third party; or

(3) your misuse of or unauthorised access to the Services.

We will notify you of any indemnifiable claim where reasonably practicable. We may participate in the defence and settlement of such claim, subject to applicable law.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable under applicable law, that provision shall be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms.

Such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect of the Services constitute the entire agreement between you and us regarding your use of the Services and supersede prior agreements, communications and proposals relating to the same subject matter.

Any ambiguity in the interpretation of these Terms shall be interpreted in accordance with applicable law.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, except where permitted by applicable law.

Any attempted assignment in violation of this provision may be considered void.

We may transfer, assign or delegate these Terms and our rights and obligations where permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements under which we provide Services shall be governed by and construed in accordance with the laws of India.

Subject to applicable law, the courts having jurisdiction over the location of Purple Chimes' principal place of business shall have jurisdiction over disputes arising from or relating to these Terms or the Services.

Nothing in this section is intended to restrict any statutory rights or remedies available to consumers under applicable Indian law.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, subject to applicable law, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.

Your continued use of or access to the Services following the posting of changes to these Terms of Service constitutes acceptance of those changes to the extent permitted by applicable law.