Terms & Conditions

The following terms and conditions (the “Agreement”) govern all use of the https://kadakmerch.com/ website (the “Site”) and the services available on or at the Site (taken together with the Site, the “Service”). The Service is owned and operated by https://kadakmerch.com/.  The Service is offered subject to your (the “User”) acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by https://kadakmerch.com – including, without limitation, Shipping, Return Policy, Privacy Policy and others. If you do not agree to this Agreement, do not use the Site.

Access & Membership

In order to enjoy all the benefits of https://kadakmerch.com, the User must register and become a member (“Member”). Membership requires that the User registers on the Site (including by filling out all required personal information). The User may opt out of marketing and promotional e-mails. The User may cancel its membership at any time by canceling online on the Site. To complete registration, the User will be provided with an email address and a password. The User may never use another’s https://kadakmerch.com account without permission from that user. The User is solely responsible for the activity that occurs on User’s account, and User must keep its account password secure. The User must notify https://kadakmerch.com immediately of any breach of security or unauthorized use of its account. Although https://kadakmerch.com will not be liable for the User’s losses caused by any unauthorized use of its account, User may be liable for the losses of https://kadakmerch.com or others due to such unauthorized use. 
https://kadakmerch.com may change, suspend or discontinue the Services, Products, fees, charges, terms at any time, including the availability of any feature, or content. https://kadakmerch.com may also impose limits on certain features and Services or restrict User’s access to parts or all of the Services without notice or liability. The User certifies to https://kadakmerch.com that if User is an individual (i.e., not a corporation) the User is at least 18 years of age. The User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions. 

Modifications

https://kadakmerch.com reserves the right, at its discretion, to modify this Agreement, fees, charges, terms at any time. The User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by the User following such notification constitutes the User’s acceptance of the terms and conditions of changes as modified.

Content and Copyright policy 

When you post, submit, or upload images, pictures, data, text, photographs, graphics, messages, or other materials (“Content”) on the Site you represent and warrant that: 
1. You own all copyright in the Content, or if you are not the owner, that you have permission to use the Content, and that you have the right to display, reproduce and sell the Content as https://kadakmerch.com products. You license https://kadakmerch.com to use and sub-license the Content in accordance with this Agreement; 
2. You and your Content do not and will not infringe upon the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trademark, patent or right of privacy. 
https://kadakmerch.com reserves the right to review, and if necessary remove, any Content from the Site or to cancel your account at its sole discretion, either because of that content breaches this Agreement or any applicable laws, or otherwise. 
This means that you, and not https://kadakmerch.com, are entirely responsible for all Content that you upload for sale as Products, post, email, transmit or otherwise make available via the Services. If you believe that Content or other material residing on or accessible through the https://kadakmerch.com Service infringes your copyright, please send a notice of claimed copyright infringement to us. 
https://kadakmerch.com does not and will not own the copyrights and other intellectual property rights of your Content, so https://kadakmerch.com will not distribute, sell or rent your Content to any other persons, companies, etc.

Responsibility of site Members and Visitors

Violation of any of this Agreement or other rules will result in the termination of your https://kadakmerch.com account. 
https://kadakmerch.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the https://kadakmerch.com Services. Without limiting the foregoing, https://kadakmerch.com and its designees shall have the right to remove any Content. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by https://kadakmerch.com or submitted to https://kadakmerch.com, including without limitation information in https://kadakmerch.com collaborations, posts and in all other parts of the https://kadakmerch.com Services. 
Without limiting other remedies, we may limit, suspend or terminate our Service and User accounts, prohibit access to our Site, delay or remove hosted Content, and take technical and legal steps to keep Users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time. The User is responsible for providing https://kadakmerch.com with accurate information (including but not limited to its retail price). If the User has provided https://kadakmerch.com with inaccurate or false information, (a) the User shall be liable to https://kadakmerch.com for damages and losses (including but not limited to Sales Tax) arising out of such inaccurate or false information and (b) the User shall reimburse such damages and losses (including but not limited to Sales Tax) to https://kadakmerch.com, and (c) https://kadakmerch.com shall have the right to charge the Client for such damages and losses (including but not limited to Sales Tax).

Payments and Fees

All fees and payments are quoted in Indian Rupees. The User is responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you will receive an e-mail from us confirming the details, description, and price for the Products ordered together with some information on your rights to return your goods. Payment of the total price plus delivery must be made in full before dispatch of your Products. 
Discounts apply to eligible monthly recurring charges before taxes, shipping, and other fees. Discounts are awarded only to Users over a certain threshold of monthly revenue in the preceding calendar month. These tiers are listed on our Site and are subject to change. https://kadakmerch.com at its sole discretion may change, suspend or discontinue these discounts at any time.

Local Taxes

User is responsible for all sales taxes (as applicable). The User is required to provide it’s TIN/VAT/GST certificate numbers so that the Customer can be billed by the User in case of COD. 

Tax rate is calculated as a percentage of the retail price when it is provided to https://kadakmerch.com by User.

Shipping and Returns

The risk of loss and title for such items pass to the User upon our delivery to the carrier. It is the Customer’s responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case, https://kadakmerch.com will not make any refunds and will not resend the Product.

https://kadakmerch.com will review replacement/return requests only (a) if there will be missing or broken Product, or a print error if it is https://kadakmerch.com’s fault and (b) if https://kadakmerch.com will receive a complaint within 15 days from the day the Product was delivered to the Customer.

Description of Products

Whilst many component parts of our Products are standard, all Products available for purchase are described on their specific design page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers. 
We have a policy of continuous Product development so we can provide you with what we consider the best design combined with the best performance, and thus reserve the right to amend the specifications of Products, their price, packaging and any Service associated at any time, without prior notice. Before ordering, we thus invite you to have a close look at the Product description and design. 
We use our best efforts to provide you with the best images and descriptions but unfortunately cannot guarantee that colors and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.

Purchase of Products

Your order represents an offer to us to purchase a Product which is accepted by us once we have sent you an e-mail order confirmation. Any Products on the same order which we have not confirmed in an order confirmation e-mail do not form part of that contract. 
https://kadakmerch.com shall under no circumstances be held liable for any special losses due to specific circumstances of the User an/or Customer, indirect or consequential losses or wasted expenditure. 
Orders are placed and received exclusively via the Site. Before ordering from us, it is the Member’s responsibility to check and determine the full ability to receive the Products. Correct Customer’s address and postcode/zip code, User’s up-to-date telephone number and e-mail address are absolutely necessary to ensure the successful delivery of Products. 
All information asked on the checkout page must be filled in precisely and accurately. https://kadakmerch.com will not be responsible for missed delivery because of a wrong delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, notify change in a phone number or any other special requirements, please contact https://kadakmerch.com.

Delivery

We deliver to Users/Customers to most places in India. User is responsible for delivery prices. Delivery prices are added to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional delivery charges that apply to your specified delivery address. 
Some sort of Products is packaged and shipped separately. We cannot guarantee delivery dates and accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Flat rate delivery times are shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order are subject to change. In any case, we will do our best to contact you and advise you of all the changes. We try our best to make delivery of Product as simple as possible. 
Ownership of the Products will only pass to you/Customer when we receive full payment of all sums due in respect of the Products, including delivery charges.

Trademarks

If you use any of our trademarks in reference to our Products or Services, you must include a statement attributing that trade mark to us. You must not use any of our trademarks in or as the whole or part of your own trade marks; in connection with activities, Products or Services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including the Site).

Indemnity

You will indemnify and hold https://kadakmerch.com (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

Law and Jurisdiction

If a dispute arises between you and https://kadakmerch.com/ we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. 

Contracts for the purchase of Products through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) must be resolved by a court located in the State of Tamil Nadu. Any dispute or claim arising out of or in connection with Agreement or its formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of the State of Tamil Nadu.

General

No agency, partnership, joint venture, employee-employer, franchiser-franchisee relationship, etc. is intended or created by this Agreement. 
You acknowledge that you have all necessary permits to grant us with Customer’s personal data to fulfill this Agreement. 
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. 

Kadak Merch reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.