Terms of Use

Terms & Conditions:
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of https://www.mangalutsav.com (https://www.ethnicfabric.com) (“Website”).
Welcome to https://www.mangalutsav.com (https://www.ethnicfabric.com) website (the “website”) is solely owned and operated by the firm M/s Shubhkamna Fabrics, (registered office – CK 20/10, Thatheri Bazaar, Chowk, Varanasi- 221001), and its affiliates provide their services to you subject to the following conditions.
 
Terms of Use:
You (“You” or “End User” or “Your” or “Buyer” or “Visitor”) are required to thoroughly read and accept all of the rules and regulations, terms and conditions mentioned in this Terms and Conditions (“Terms and Conditions” or “Terms of use” or “Agreement”) and the Privacy Policy, before using the website https://www.mangalutsav.com  (https://www.ethnicfabric.com) (hereinafter referred to as “Site” or “shubhkamna fabrics” or “ethnic fabric” or “firm” or “we” or “our”).
By using the https://www.mangalutsav.com (https://www.ethnicfabric.com) website and/or merely accessing the Website including any subdomains, webpages, hyperlinks or extension of https://www.mangalutsav.com (https://www.ethnicfabric.com), you agree that you have read, understood and agreed to be bound by these Terms, Conditions, Privacy Policies and all Notices mentioned on the website. These “Terms of Use” constitute an electronic record within the meaning of the applicable law.
If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Notwithstanding any other conditions, notifications contained or stated in any other document on this site, if there is a conflict between the terms and conditions mentioned herein below and in any other document, the terms and conditions contained in the present “Terms of Use” shall alone prevail for the purposes of usage of the Site.
https://www.mangalutsav.com (https://www.ethnicfabric.com) (m/s shubhkamna fabrics) reserves the right, at its sole discretion, to change/ modify the website or any particulars contained in the Terms of Use or the Policies at any time, without any prior notification to its users/customers.
 
Privacy Policy:
You confirm that You have read and fully understand the Privacy Policy of https://www.mangalutsav.com (https://www.ethnicfabric.com) (M/s Shubhkamna Fabrics) in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to You.
Changes in Policy:
If https://www.mangalutsav.com (https://www.ethnicfabric.com) (M/s Shubhkamna Fabrics) makes any changes or alters/modifies the Terms of Use or Policies, will update those most current version Terms of Use page or the Policies on the Site. Any changes or modifications made to the Terms of Use and the Policies will be effective in full force immediately from the date of uploading the most current version of Terms of Use and Policies on the Site. Users/customers are required to regularly visit this Terms of Use page to keep themselves updated about our terms and conditions and policies.
Your continued use of the Site following the modifications to the Terms of Use and Policies will constitute your full acceptance of the modified Terms of Use and Policies whether or not you have read them. It shall be solely YOUR responsibility to periodically check the Terms page for changes.
Description of Services:
The Site allows you to browse, search, choose and purchase fabrics, apparels, Clothing, Accessories and Handicrafts (“Goods” or “Products” or “Services”).
Eligibility to use:
By accessing this website, it is assumed that you are eligible to form legally binding contracts under Indian Contract Act, 1872. If you do not fulfil the required eligibility norms as described in the Indian Contract Act, 1872, you must not avail services of this website.
In Accordance with Indian Contract Act, 1872, persons including minors, persons of unsound mind, and undischarged insolvents are not eligible to use https://www.mangalutsav.com (https://www.ethnicfabric.com).
A minor is not allowed to access or register as a User or purchase any items. https://www.mangalutsav.com (https://www.ethnicfabric.com) (m/s shubhkamna fabrics) reserves the right to refuse access to use the Services offered at the Website to new Users (including minors under age of 18 years) or to terminate the access granted to existing Users at any time for any reason or without providing any reason.
Electronic Communications:
When you access https://www.mangalutsav.com (https://www.ethnicfabric.com) website or send e-mails or chat with us through whatsapp- sms – messages, you usually communicate with us electronically. You hereby agree to receive communications and notifications from us electronically by SMS and e-mails. We will communicate with you by e-mail, sending sms notifications or by posting notices on this site. You agree that all agreements, notices and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You can unsubscribe / opt-out from receiving sms/email alerts & notifications from https://www.mangalutsav.com (https://www.ethnicfabric.com) (M/s Shubhkamna Fabrics) at any time by following the ‘Unsubscribe’ procedure in the Website or by contacting at support@mangalutsav.com.
You agree that your sole purpose of registering or using https://www.mangalutsav.com (https://www.ethnicfabric.com) is to buy Indian ethnic products.
User Account, Password, And Security:
If you use the website, you are responsible for maintaining the confidentiality and privacy of your account and password and for securing your computer system/other device to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary precautions to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has been compromised, or is likely to be, used in an unauthorized manner. please ensure that the details you provide us with are correct and complete. We reserve the right to refuse access to the website, terminate accounts, remove or edit content at any time, without notice to you.
The user acknowledges that, sometimes there may be interruptions in internet service or events that are beyond our control, and we shall not be responsible for any data lost while transmitting information on the internet.
The site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to many circumstances, access to the site may be interrupted, suspended or terminated from time to time. we have the right at any time to change or discontinue any aspect or feature of the site.
you agree to provide correct and accurate credit / debit card details to the approved payment gateway for availing services. you shall not use the credit / debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit / debit card. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. you will be solely responsible for the security and confidentiality of your credit / debit card details. we disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit / debit card.
Copyrights and Trademarks:
This Site contains trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of https://www.mangalutsav.com (https://www.ethnicfabric.com) (M/s Shubhkamna Fabrics), protected by copyright as a collective work under the applicable copyright laws.
You acknowledge that you cannot acquire any ownership rights by downloading copyrighted material. You may not modify, publish, transmit, transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part except as otherwise stated under copyright law and without the written permission of https://www.mangalutsav.com (https://www.ethnicfabric.com) (m/s Shubhkamna Fabrics).
All contents on this site, such as texts, graphics, logos, user interfaces, visual interfaces, button icons, images, audio clips, source code, meta tags, databases, text, content, graphics, icons, hyperlinks, digital downloads, design, structure, selection, coordination, expression, look and feel and data compilations, artwork and software on this website is solely owned and controlled by the https://www.mangalutsav.com (https://www.ethnicfabric.com)(m/s Shubhkamna Fabrics) and You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any content through any medium without obtaining the necessary permissions from https://www.mangalutsav.com (https://www.ethnicfabric.com) (m/s Shubhkamna Fabrics) or owner of such content.
Limited licence Site access:
https://www.mangalutsav.com (https://www.ethnicfabric.com) (M/s Shubhkamna Fabrics) permits you limited, non-exclusive, non-transferable, non- sublicensable license to access, and make personal and non-commercial use of the site. all rights not granted to you in these terms of use, are reserved and retained by the site and its affiliates.
this permission 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 this site 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.
this site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of https://www.mangalutsav.com (https://www.ethnicfabric.com) (M/s Shubhkamna Fabrics).
https://www.mangalutsav.com (https://www.ethnicfabric.com) (M/s Shubhkamna Fabrics) at its sole discretion, reserves the right, at any time, without any prior notice, and, to terminate your license to use the Site and to block and prevent your future access to the Site.
Links and Third-Party Sites:
https://www.mangalutsav.com (https://www.Ethnicfabric.com )may contain links to other websites which are not controlled by https://www.mangalutsav.com,  (https://www.ethnicfabric.com) (m/s Shubhkamna Fabrics). https://www.mangalutsav.com (https://www.ethnicfabric.com) is not responsible for the content of any third-party sites, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions and does not make any representations regarding the content or accuracy of material on such sites. if you decide to visit third-party websites, you do so entirely at your own risk and this does not in any way constitute or imply https://www.mangalutsav.com (https://www.ethnicfabric.com) (m/s Shubhkamna Fabrics) endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between https://www.mangalutsav.com  (https://www.ethnicfabric.com) and those third parties.
You should carefully read the terms and conditions and privacy policies of all third party website pages and other websites that you visit through this site.
 
Product Compliance:
Products displayed/ sold on our website are manufactured/ procured as per the applicable Local Laws of India and are in conformity with the required Indian industry standards.
 
Inaccuracy Disclaimer:
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
Warranties & Liabilities Disclaimer
All information, content, materials, products (including software) and other services included on or otherwise made available to you by https://www.mangalutsav.com (https://www.ethnicfabric.com) (m/s Shubhkamna Fabrics) are provided on an as available basis, unless otherwise specified in writing. we make no representations or warranties of any kind, express or implied, as to the operation of the services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through https://www.mangalutsav.com (https://www.ethnicfabric.com), unless otherwise specified in writing. You expressly agree that your use of the website is at your sole risk.
We do not warrant that this Website will be constantly available, or available at all or that any information on this Website is complete, true, accurate or non-misleading.
We will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all risks associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website, and that we shall not be liable for any damages of any kind related to your use of this Website.
Though we shall make all endeavour to protect its websites from any viruses or other illegal use of its website. However, we do not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; its servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on Website constitutes, or is meant to constitute, advice of any kind.
All the Products sold on this website shall be solely governed by the indian laws. In the event we are unable to deliver such Products due to implications of different territorial laws, we will return or will give credit for the amount (if any) received in advance by us from the sale of such Product that could not be delivered to You. It is your responsibility to ensure that the products purchased on this website is not restricted in your territory. we shall not be responsible for any non-compliance with regard to the local laws of that territory for any product available on this website.
We will not be liable for any damages of any kind arising from the use of any service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through the website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Indemnity:
You agree to indemnify and shall not hold https://www.mangalutsav.com (https://www.ethnicfabric.com) (m/s Shubhkamna Fabrics) (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) for any claim or demand, including but not limited to reasonable attorneys’ fees, or arising out of or related to your breach of this T&C, or your violation of any law or the rights of a third party or any damage to life and/or property caused by the products delivered.
Breach:
In the event you are found to be in breach of the Terms of Use or Privacy Policy or other rules and policies or if we are unable to verify or authenticate any information you provide or if it is believed that your actions may cause legal liability for you, other users or us, without limiting to the present, without prior notice immediately limit your activity, remove your information, temporarily/permanently suspend or terminate or block your membership, and/or refuse to provide you with access to this website. Any user that has been suspended or blocked may not register or attempt to register with us or use the website in any manner whatsoever until such time that such user is reinstated by us.
Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other rules and policies, we reserve the right to recover any amounts due and owing by you to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
Any breach of any applicable local laws of that territory shall also result in, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website. 
Force Majeure:
Failure to perform any of our obligations and the non-furnishing of the Service, shall not entitle you to raise any claim against m/s shubhkamna fabrics or be a breach hereunder to the extent that such failure arises from an event of Force Majeure. If through force Majeure the fulfilment by either party of any obligation set forth in this Agreement will be delayed, the period of such delay will not be counted on in computing periods prescribed by this Agreement. Force Majeure will include any war, civil commotion, strike, governmental action, lockout, accident, epidemic or any other event of any nature or kind whatsoever beyond the control of m/s shubhkamna fabrics that directly or indirectly hinders or prevents m/s shubhkamna fabrics from commencing or proceeding with consummation of the transactions contemplated hereby.
Notice: All notices from https://www.mangalutsav.com (https://www.ethnicfabric.com) (m/s Shubhkamna Fabrics) will be served by email/sms/ whatsapp messages to the account designated by you or by general notification on the Website. Any notice to be provided to The https://www.mangalutsav.com (https://www.ethnicfabric.com) (m/s shubhkamna fabrics) pursuant to the Terms should be shall be sent to its registered address.
Assignment: you cannot assign or otherwise transfer the Terms, or any rights hereunder to any third party. m/s shubhkamna fabrics’s rights under the Terms of Use are freely transferable by The https://www.mangalutsav.com (https://www.ethnicfabric.com) (m/s Shubhkamna fabrics) to any third parties without the requirement of seeking your consent.
 Severability:
We reserve the right to make changes to our site, policies, Service Terms, and these Terms of Use at any time. If a court of competent jurisdiction finds any provision of the terms, or portion thereof, to be unenforceable, the same shall not affect the validity and enforceability of any remaining condition/provisions of any other portion of the Terms of use. In any event, such provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision.
Waiver: Any failure by https://www.mangalutsav.com (https://www.ethnicfabric.com) (m/s Shubhkamna Fabrics) to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.
Feedback and Information
Any feedback You provide to this Website shall be assumed to be non-confidential. The https://www.mangalutsav.com (https://www.ethnicfabric.com) shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) https://www.mangalutsav.com  (https://www.ethnicfabric.com) is not under any obligation of confidentiality, express or implied, with respect to the feedback; and (iii) You are not entitled to any compensation or reimbursement of any kind from https://www.mangalutsav.com (https://www.ethnicfabric.com) for the feedback under any circumstances.
Exactness Not Guaranteed
The Website and the owner firm will try their best to deliver products exactly the way they appear on the site. However, the nature of the fabric designs, fabric colour, fabric feel, artefacts and handicrafts is such that they cannot always be accurately described and presented on a platform such as the internet. https://www.mangalutsav.com (https://www.ethnicfabric.com) hereby disclaims any guarantees of exactness or appearance of the final product ordered by the user over and above generally acceptable standards on the same. The quality of any products, services, information, or other material purchased or obtained by you through the Website may not meet your expectations. In the case of any significant material damage to the Product, the customer must send photographIC/ VIDEO evidence of the damaged product via email to support@mangalutsav.com within 24 hours of receiving the Product. A representative from https://www.mangalutsav.com  (https://www.ethnicfabric.com) will review the evidence, and if it is found valid, mangalutsav.com will send an email communication to you requesting for replacement. otherwise, if you request, your order will be cancelled and you will be fully refunded via your initial method of payment. In all these cases, you have to make arrangement to ship the product. You agree in this instance, that https://www.mangalutsav.com (https://www.ethnicfabric.com) will make the final judgement on whether a Product has been significantly damaged.
Grievance Officer
In accordance with IT Act,2000, the name and contact details of the Grievance Officer who can be contacted with respect to any complaints or concerns including those pertaining to breach of Terms of Use, Term of Sale and other polices or questions are published as under:
Grievance Officer Name: Utkarsh
Email address: grievance@mangalutsav.com
Arbitration
If any dispute arises between you and the firm during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, and the Privacy Policy or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by the Company. The place of arbitration shall be Varanasi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
Governing Law
This Agreement, and the Privacy Policy or the documents they incorporate by reference shall be governed and construed in accordance with the laws of India, without reference to any conflict of laws principles.
All claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms and conditions or any transactions entered into on or through the Website shall be subject to the jurisdiction of Varanasi District, India and you hereby accede to and accept the jurisdiction of such courts.
 
 
Shopping Cart