Legal & Privacy

LEGAL & PRIVACY

 Terms and conditions for orders placed through Client Service.

  For further information, please contact our Client Service team at 9368095597

 Our General Terms and Conditions of Sale

 Scope and Purpose

 What these terms cover?  These terms and conditions ("Terms") constitute a legally binding agreement that governs the sale of goods ("Product(s)") by Feywear International Retail ("Seller", “us”, “our” or "we") when you place an order through our Client Service team via telephone and Website ("Order"). By placing an Order with us, you explicitly and unequivocally acknowledge and affirm your understanding of, and unequivocally agree to be legally bound by, the entirety of these Terms. Further, placement of an Order constitutes your voluntary acceptance of these Terms, without any reservations or exceptions.

 Why you should read them?Please carefully review these Terms prior to placing your order with us. These Terms outline the manner in which we will sell and deliver the Product(s) to you, the procedures for modifying or terminating the contract, the steps to follow in the event of any issues, and other significant information.

 Applicable version of the terms.These terms and conditions are applicable to the orders placed by you through our Client Service Team via telephone. We reserve the right to amend these Terms in the future, at our sole discretion. Such amended terms will apply to any future orders you place. However, any such future amendments will have no impact on any orders placed by you or transactions already concluded between us.

 The language of the terms and conditions is English.

 Information about us and how to contact us

 2.1 Who are we? We are Feywear India Retail Private Limited. Our registered office is Noida, India.

 2.2 How to contact us? For any inquiries or assistance, please reach out to our Client Services Team at 9368095597 during the operating hours of Monday to Sunday from 10:00am to 7:00pm, including Public Holidays. Alternatively, you may contact us via email using Contact@feywear.com or by utilising the EMAIL US contact form available in the CLIENT SERVICES section on our website https://feywear.com/  (“Website”).

 2.3 How we will contact you. If we have to contact you, we will do so by calling or by writing to you at the email address or the postal address that you have provided to us in your Order.

 3 Product Details

 3.1 Information about our Product(s). Information about our product range is available through our client services, including product references, and can also be found in all Feywear on our Website.

 3.2 Product(s) may vary slightly from their pictures. The images of the Product(s) on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Product(s). Your product may vary slightly from those images, particularly because such deviation is insignificant and objectively justified.

 4 Placing orders and our contract with you

 4.1 Placing orders: Acceptance of your orders are subjected to availability. Orders can be placed as follows:

 4.1.1 Via telephone: Orders may be placed in English, or any other languages acknowledged by our Client Service team by dialing 9368095597, If you have any issue on Sunday so you may directly mail to us. Contact@feywear.com   

 4.2 We provide delivery services within the territorial boundaries of India. We will not be able to accommodate deliveries to addresses located outside the territorial jurisdiction of India.

 4.3 Sale Limitation to Personal Use. It is important to note that our retail Product(s) are intended solely for personal use. We reserve the exclusive right to refuse acceptance of any orders that, at our sole discretion, appear to be inconsistent with personal use. This includes, but is not limited to, orders that we determine involve large quantities of any item to be delivered to the same purchaser and/or to the same postal address. Such decisions to refuse acceptance of orders shall be made at our sole discretion and will be binding.

 4.4 Making sure your personalization details are accurate. If we are personalizing Product(s) in accordance with details you have given us, you are responsible for ensuring that the details provided are correct and not infringing any intellectual property rights of any third party.

4.5 Order placement. Upon placing an order with us, we may obtain the requisite information from you via telephone or email. It is important to note that all orders placed shall be considered offers made to us and shall remain valid for a period of 30 days.

 4.6 Order acknowledgement. We will acknowledge receipt of your order by sending a confirmation email, but this confirmation email does not constitute acceptance of your order.

 4.7 How we will accept your order? The acceptance of your order by us will be effective upon the communication of an email from us, confirming our acceptance and commencement of shipping the Product(s) to the designated delivery address. Upon such acceptance, a legally binding contract between you and us will be formed. Acceptance of your order is contingent upon the conditions set out hereunder being met. In the event of any discrepancies or conflicts, the terms communicated in the email confirmation shared by us will prevail and establish the terms of the contractual agreement between the parties to the extent that they differ from the terms hereunder.

 4.8 If we cannot accept your order. In the event that we are unable to accept your order, we shall notify you in writing. This situation may arise due to various factors, including but not limited to: unavailability of the product due to depletion of stock or unforeseen constraints on our resources, inadvertent error in the pricing or description of the product, incapacity to meet a specified delivery deadline, or if the order is deemed by us to be fraudulent or in violation of the terms stipulated in this contract. In such instances, you will receive a written notification.

 4.10 Your order number. Upon our acceptance of your order, we will allocate a unique order number, which will be communicated to you.  You should retain and provide us with the order number whenever you correspond with us regarding your order. This order number serves as a reference point and facilitates effective communication, enabling us to efficiently address any inquiries or concerns related to your specific order.

 5 Price and payment

 5.1 Where to find the price for the product? The price of the product is denominated in Indian Rupees (INR) and includes all applicable taxes. Unless stated otherwise on our Website or communicated to you elsewhere, the delivery costs associated with the product shall be complimentary. We make reasonable efforts to ensure that the price communicated to you is accurate. However, please refer to Condition 5.3 to understand the actions taken if an error in the product price is discovered for the order you have placed.

 5.2 We will not provide GST-refund services. We do not provide GST-refund service in any selling points online or customer services for orders placed by telephone.

 5.3 What happens if we got the price wrong? It is always possible that, despite taking all reasonable care, some of the Product(s) we offer for sale may be priced incorrectly. If the Product’s correct price at your order date is higher than the price stated to you, we will contact you for your confirmation before we accept your order at the correct price. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may end the contract, refund you any sum(s) you have paid and require the return of any Product(s) provided to you.

 5.4 How must you pay? We accept payments via credit/debit card issued by banks domiciled in India. We will place on our Website details of other payment methods as they become available from time to time. Other payment methods may also be subject to validation checks and authorization by the payment system providers as well. If the issuer of your payment refuses to authorize payment to us, you will need to contact your card issuer directly to solve this issue. Payment must be made in India Rupee (INR). In case of a payment by bank transfer, we will send you Feywear bank details by email.

 5.5 When must you pay? Payment must be made prior to the dispatch of the Product(s). Upon acceptance of your order, the corresponding amount will be deducted from your designated account. We will inform you by email once the Product(s) have been dispatched. In the event of order cancellation prior to the delivery of Product(s), a refund of the amount paid will be processed within a timeframe of 45 business days.

 5.6 Failure to pay. If your payment cannot be processed for any reason (including, for example, stopped payment, refusal by the issuer of the card), we may cancel your orders and the contract with you will be deemed to have ended immediately. We will inform you of this in writing.

 5.7 Security measures

 5.7.1 In order to protect against unauthorized use of your credit, debit, or charge card, we may undertake validation of the information you provide during the order process, including your name, address, and other personal data, by cross-referencing it with relevant third-party databases. In the course of conducting these validation checks, your personal data may be disclosed to third parties for such purposes. Please be assured that this verification process is solely aimed at confirming your identity, and it does not involve any form of credit assessment that may impact your credit rating.

 5.7.2 In the event that an order placed by you is determined by us to be fraudulent or in violation of these Terms, we reserve the right to immediately cancel the sale. If any funds have already been deducted from your account and delivery has not yet been completed, we will process a refund of the amount so deducted. The refunded amount shall be processed within a maximum period of 45 business days subsequent to notification of such cancellation.

 6 Product Delivery

 6.1 Delivery Costs (if any). Any applicable costs associated with the delivery of the Product(s) will be communicated to you during the telephone conversation preceding the placement of your order. Presently, we provide all delivery services as a complimentary service. We reserve the right to levy delivery charges in the future.

 6.2 Provision of Product(s). The timeframe for providing the Product(s) depends on the specific type of product being purchased:

 6.3 We are not responsible for delays outside our control. In the event that the delivery of Product(s) is subject to delay due to circumstances beyond our control and without any negligence on our part, we shall expeditiously notify you and undertake necessary measures to mitigate the impact of the delay. By taking such action, we are exempted from liability for delays caused by the aforementioned event. However, if there is a substantial risk of unreasonable delay beyond a period of 7 days, you have the right to contact us to terminate the contract and receive a refund for any Product(s) you have made payment for but have not yet received.

 6.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will leave you a note asking you to contact our Client Service team in order to arrange an alternative delivery date.

 6.5 If you do not re-arrange delivery. In the event that, following a failed delivery attempt, you do not initiate the process of rescheduling the delivery; we shall contact you to obtain further instructions. Despite our reasonable efforts to establish communication and facilitate the re-arrangement of delivery, if we are unable to reach you or if you fail to make the necessary arrangements for delivery, we reserve the right to terminate the contract in accordance with Condition 10.

 6.6 Delivery of gifts. In the case of a gift:-6.6.1 You may arrange for Product(s) to be delivered to a third party of your choice, provided always that the delivery address satisfies the requirements of Condition 4.2 above. In this case, we need to process the personal information of the third party you provided as if it were your personal information. You warrant that you have obtained consent from that third party for our data processing activities as detailed in our Privacy Policy, and hold us, our parent company and affiliated companies harmless of claims for the use of their personal information in accordance with these Terms.

 6.7 Your Rights for Late Delivery of Product(s).

  6.7.1 Late Delivery or Availability. In the event that we fail to deliver the Product(s) within the agreed timeframe or experience delays in making the Product(s) available for collection, you will have the option to cancel your order for the affected Product(s) or reject any delivered Product(s). If the Product(s) have already been delivered to you, you hereby grant us the necessary permission to collect them.

 6.7.2 Exercise of Rights. To exercise your rights under this clause, you must provide us with a written notice specifying your decision to terminate the contract, cancel the order for the product, or reject the delivered Product(s). The notice should be sent in accordance with the provisions set forth in these Terms.

6.7.3 Refund. In the event of contract termination or order cancellation as a result of late delivery, we will refund any payments made by you for the affected Product(s), including applicable delivery charges (if any) in the event the Product(s) are not accepted by you. Upon acceptance of the product by you, it is acknowledged that the delivery charge (if any) incurred will not be eligible for refund.

6.7.4 Limitation of Liability. Our liability for late delivery or delayed availability of Product(s) shall be subject to the limitations and exclusions set forth in these Terms.

6.8 Damage. If, at the time of delivery or collection by you or a third party authorized by you, the packaging appears damaged, please open the package in the presence of the carrier in order to verify the condition of the Product(s). In the case of delivery, where there is damage to the Product(s), you should note the details on the delivery note and contact our Client Service team as set out in Condition 2.2. Nothing in this Condition affects your statutory warranty rights.

6.9 When you become responsible for the Product(s). The Product(s) will be your responsibility from the time we deliver them to the address you gave us.

6.10 When you own Product(s)? You own the Product(s) on the later of the following:

6.10.1 The transfer of ownership of the Product(s) shall occur upon delivery of the Product(s) to you post completion of your payment obligations. Unless you notify to us to the contrary upon delivery of the Product, the Product(s) shall be deemed to have been accepted by you as being in good condition and in fulfillment of the contract of sale. This does not vitiate your right to return / exchange the Product(s) as set out in Clause 7.

 7 Exchanging Product(s)

 7.1 If you change your mind and would like to exchange the product you purchased we operate an exchange policy for our customers for Products excluding those for Personalized Product(s), subject to the conditions below.

 The following product categories are excluded from the exchange policy:

- Personalised Product(s) and special orders;

- Exotic Product(s) without CITES documentation; and

 7.2 Within a period of 7 days from the date of purchase, you have the option to initiate an exchange of the respective items using either of the following methods where exchange is subject to the conditions specified in Section 7.2.2. It is essential that the Product(s) are returned in their original packaging, complete with all associated accessories, instruction booklets, labels, protective covers, and boxes, in pristine condition, along with the original invoice and the Return Voucher. Product should be unbroken as per policy.

 7.2.1 You may use our complimentary collection service as described in Condition 9.3.1, but please note that no new delivery can take place until we have received the returned Product(s) from you;

7.2.2 You may also exchange your Product(s) within our Website in India 

7.2.3 Only Exchange Product(s) that have not been purchased through the client service centre or stores in India will not be accepted by us. Only Product(s) acquired via the designated Website in India are eligible for exchange.

7.3 We will not accept Product(s) for exchange that are returned incomplete, damaged or soiled or without the original packaging, related accessories or instruction booklets, labels, protective covers and boxes You must take reasonable care of Product(s) if you wish to exchange them.

7.4 Upon receipt of the exchanged Product(s) at the designated store, the original contract shall be concluded. The payment made for the exchanged Product(s) will be applied towards the purchase of the new Product(s). In the event that the new sale is made at a higher price, you will be responsible for settling the price difference at the store at the time of purchase. We will not proceed with the provision of replacement Product(s) until full payment has been received from you. Alternatively, if the new sale is made at a lower price, we will reimburse you for the price difference (excluding delivery charges (if any)) through the same payment method utilized for the original transaction. The refund process will be initiated only after the exchange has been processed, and the refund will only encompass the price difference and not associated delivery charges (if any).

7.5 If Product(s) are exchanged using our collection and delivery service, the new sale will also be subject to these terms.

7.6 You may exchange Product(s) only once within 7 days from the date of purchase.

8 Your rights to end the contract

 8.1 Ending your contract with us. You have the right to terminate the contract under the limited circumstances outlined below and depending on the nature of the purchased item, whether any defects or inaccuracies exist, the performance of our obligations, and the timing of your decision to terminate the contract.

8.1.1 If the purchased item is faulty or damaged, you may have a right to terminate the contract, seek product repair or replacement, request a service to be performed again, or obtain a partial or full refund, as specified in Condition 11;
8.1.2 If you intend to terminate the contract due to our conduct, refer to Condition 8.2;
8.1.3 If you have simply changed your mind about the product, refer to Condition 8.3.

8.2 If you are terminating the contract based on the circumstances outlined in Conditions 8.2.1 to 8.2.3 below, the contract will be terminated immediately. We will provide a full refund for any undelivered Product(s). The reasons for termination include where:
8.2.1 We have informed you about an error in the price or description of the product you have ordered, and you do not wish to proceed with the revised price;
8.2.2 There is a possibility that delivery of the Product(s) may be unreasonably delayed because of events outside our control;
8.2.3 We have committed a breach of our obligations, including delivery of the Product(s) beyond the stipulate time period.

8.3 Exercising your right to change your mind (return policy). Exercising your right to change your mind (return policy): Subject to Conditions 8.4 and 9.3.2 below, you have the right to withdraw from this contract, i.e., cancel the transaction and return the product within 7 days. The withdrawal period will expire after 7 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Product(s).

8.4 Exceptions to the Right of Withdrawal. The right to change your mind and exercise withdrawal pursuant to Condition 8.3 does not apply in the following instances:
.8.4.1 Personalized Product(s); and
8.4.2 Sealed Product(s) which are not suitable for return due to health protection or hygiene reasons and were unsealed by you, such as earrings and swimwear, or a perfume if the seal covering the perfume box has been broken.

 9 How to end the contract with us (including if you have changed your mind)

 9.1 Notification Requirement. In order to exercise your right of withdrawal and terminate the contract (i.e. cancel the transaction and return the product), you must provide us with an unequivocal statement expressing your decision to withdraw from this contract. This statement can be conveyed through various means, such as a letter sent by post, fax, or email. While the attached model cancellation form in the Schedule below is available for your convenience, its use is not mandatory, provided you explicitly set out your request to cancel the contract in your correspondence to us. To meet the withdrawal deadline, you must send your communication regarding your intention to exercise the right of withdrawal prior to the expiration of the withdrawal period. For any other potential contract termination scenarios, you may select one of the following options:

9.1.1 Phone, Email, or Online: Contact our Client Service team by phone or send an email using the EMAIL US contact form located in the Client Service section of our Website. Please provide us with your name, residential address, order details, and if available, your phone number and email address.

9.1.2 Postal Communication: Print out the provided form and send it to us by post at the address indicated on the form. Alternatively, you may simply write to us at the same address, including comprehensive details regarding your purchase, the order date, receipt date, and your name and address.

9.2 Gifts. If you use our Gift Service, only you may end the contract with us and not the recipient of the gift.

9.3 Returning Product(s) after ending the contract. 

9.3.1 If you end the contract for any reason after the Product(s) have been dispatched to you or you have received them, we provide a complimentary collection service and you must allow us to collect the item(s) you wish to return from your preferred address. Please call our Client Service team or email us by using the EMAIL US contact form in the Client Service section of our Website to arrange collection.

9.3.2 It is essential that for the purposes of exchange or return, that Product(s) are returned in their original packaging, complete with all associated accessories, instruction booklets, labels, protective covers, and boxes, in pristine condition, along with the original invoice and the Return Voucher. In the instance of perfume Product(s) that are sealed for health protection or hygiene purposes, it is imperative that the seal covering the perfume box remains unbroken. If Products are not returned in accordance to this Condition 9.3.2, we reserve the discretion to refuse your exchange or return, and/or make deductions in accordance with Condition 9.6.

9.4 When will we pay the costs of return?
9.4.1 if the Product(s) are faulty, damaged or misdescribed due to circumstances in our control;
9.4.2 if you are ending the contract because we have informed you of an error in pricing or description or a delay in delivery due to events outside our control.
9.4.3 if you are exercising your right to change your mind by way of our complimentary collection service.

In all other circumstances you will have to bear the direct cost of returning the Product(s).

9.5 How we will refund you? Withdrawal and Reimbursement: In the event that you withdraw from this contract pursuant to Conditions 8.1.1 and 8.1.2, we will reimburse you for all payments received from you, including the costs of delivery (if applicable), provided that we shall not reimburse any supplementary costs resulting from your selection of a delivery method other than the least expensive type of standard delivery offered by us, if we impose delivery charges (if any) in the future. The reimbursement shall be made within 45 business days from the day on which we receive your Product(s) after we have been informed of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. However, we may make deductions from the price, as described below.

9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind pursuant to Condition 8.1.3, you are liable for any diminished value of the Product(s) resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Product(s). For shoes in particular, we highly recommend that you try your feywear on a clean floor which would not alter the sole, such as a carpeted surface. Please note that the amount of the reduction could be equal to the full amount of the price if determine that we will be unable to re-sell the returned Product(s) because they do not meet our high standards of sale. In the event that a refund is issued to you prior to our ability to inspect the Product(s) and subsequently determine that you have handled them in an unacceptable manner, resulting in a failure to maintain the pristine condition of the product, you will remain liable to compensate us for the disparity between the diminished value of the product and the amount initially refunded to you. If we impose delivery charges (if any) in the future, we will not refund the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us.

10 Our rights to end the contract

 10.1 We may end the contract if you are in breach of any terms as mentioned herein in these Terms. We may end the contract at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due;
10.1.2 you do not, within a reasonable time, allow us to deliver the Product(s) to you or collect them from us.

10.2 You must compensate us for breach of the contract by you. If we end the contract in the situations set out in Condition 10.1.2, we will refund any money you have paid in advance for Product(s) we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

 11 If there is a problem with the product

 11.1 How to tell us about problems? If you have any questions or complaints about the product, please contact us. You can telephone our Client Service Team or email us using the EMAIL US contact form in the Client Service section of our Website.

11.2 Your right to return rejected Product(s). If you wish to exercise your rights to reject Product(s) pursuant to Condition 8.1.1, you must allow us to collect them from you. We will pay the costs of collection. Please call our Client Service Team, excluding public holidays or email us using the EMAIL US contact form in the Client Service section of our Website to arrange collection as per the means and method mentioned in condition 2.2.

 12 Our responsibility for loss or damage suffered by you

 12.1 Our liability for any loss or damages arising out of the sale of products under these Terms is limited to the extent permissible under applicable laws and only if such loss is directly caused by determinable negligence by us. Our total liability relating to or arising out of your purchase or use of our products or damage thereto shall not under any circumstances exceed the product’s purchase price as on the invoice.

12.2 We are not liable for business losses: We only supply the Product(s) for domestic and private use. If you use the Product(s) for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 13 Other important terms

 13.1 No third party shall possess any rights to enforce any of the terms outlined in this contract. The rights stipulated herein are exclusive to the parties involved and do not confer any entitlements to any other individuals or entities.

13.2 We reserve the right to refuse exchanges and issue refunds in the event that we find that the Product(s) are not in pristine or re-sellable condition at the time of undertaking a quality check at our store, at our sole discretion.

13.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Product(s), we can still require you to make the payment at a later date.

13.4 English has been used in the preparation of these Terms and English shall be the controlling language with respect to these Terms and their interpretation. Any failure by us to enforce any provision of these Terms shall not be construed as a waiver of any provision or the right to enforce the same. These Terms shall be governed by the laws of India.

13.5 The validity, construction, and performance of this contract, including any claims, disputes, or matters arising under or in connection with it or its enforceability, shall be governed by and construed in accordance with the laws of India