Terms & Conditions

Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("Terms"). By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services. These Terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000.

In these Terms, references to "you," “your,” "User" shall mean the end user accessing the Website, its content and using the Services offered through the Website, "Service Providers" mean independent third party service providers, and "we", "us" and "our" shall mean The Papier Project and its affiliates. Every effort has been made to ensure, that the information contained on the Website is correct, however we make no warranty or representation about the quality, delivery, accuracy, comprehensiveness, correctness, or otherwise, of the products and services or the discount offered on the Website, and provide all Product(s) on an “as is” basis.

Introduction:

www.thepapierproject.com ("Website") is an Internet based content and e-commerce portal owned and operated by The Papier Project, a partnership registered under the laws of India.

Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. www.thepapierproject.com at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.

User Account, Password, and Security:

You will receive an account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the account and the password you provided to protect access to the account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify thepapierproject.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. www.thepapierproject.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.

Services Offered:

www.thepapierproject.com provides a number of Internet-based services through the Website (all such services, collectively, the "Service"). One such service enables users to purchase original merchandise such as greeting cards, wrapping paper, gift bags and stationery from The Papier Project (collectively, "Products"). The Products can be purchased through the Website through various methods of payments offered. The sale and/or purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, return policy, etc. (which are found via the relevant links at the bottom of the front page at www.thepapierproject.com), and all of which are incorporated here by reference. In addition, these terms and policies may be further supplemented by Product specific conditions, which may be displayed on the webpage of that Product.

Privacy Policy:

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of thepapierproject.com. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.

Product Information:

Most products displayed on the Website are available in our The Papier Project retail stores in India while supplies last. In some cases, merchandise displayed for sale on the Website may not be available in stores. Products vary by store. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colours of products offered on the Website.

Channel Subscription:

By providing your data, you agree to be communicated by us via email and SMS to facilitate your navigation of and shopping from the website. We may communicate promotional offers periodically and as and when required.

Limited User:

The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that www.thepapierproject.com is stated as the source and prior written permission from us is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

User Conduct and Rules:

You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; you own or control the rights thereto or have received all necessary consents;

Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;

Conduct or forward surveys, contests, pyramid schemes or chain letters;

Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

Violate any applicable laws or regulations for the time being in force in or outside India; and

Violate, abuse, unethically manipulate or exploit, any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere.

User Warranty and Representation:

The user guarantees, warrants, and certifies that you are the owner of the content, which you submit or are otherwise authorized to use the content, and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by thepapierproject.com. You agree, understand and confirm that the credit / debit card details or other financial details provided by you for availing of services on thepapierproject.com will be correct and accurate and you shall not use the credit / debit card or financial facility which is not lawfully owned / obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank and not stored by us. www.thepapierproject.com will not be liable for any credit / debit card fraud occurring due to use of your card on our Website by a fraudster. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you. All information collected by us shall be governed as per our Privacy Policy. When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Exactness Not Guaranteed:

www.thepapierproject.com hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, services, information, or other material purchased or obtained by you through the Website may not meet your expectations. We have made every effort to display the colors of our products that appear on the Website as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Transactions:

We reserve the right at any time after our receipt of your transmitted order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation. If your credit card has already been charged for the purchase and your order is cancelled, we will promptly issue a credit to your credit card account. All prices on this Website are subject to change without notice. Prices stated at the time the order is placed apply. For information about our shipping and handling see our Shipping Policy on the Website. The Papier Project arranges for shipment of products purchased on the Website, but we are not liable for delays in shipments as shipping schedules are estimates and cannot be guaranteed.

Intellectual Property Rights:

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, thepapierproject.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to thepapierproject.com without obtaining express written authorization from thepapierproject.com.

Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customisation Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.

Links To Third Party Websites:

The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under our control or the Website and thepapierproject.com is not and will not be responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. thepapierproject.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. thepapierproject.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

Disclaimer Of Warranties/Limitation Of Liability:

thepapierproject.com has endeavoured to ensure that all the information on the Website is correct, but thepapierproject.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall thepapierproject.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services;(b) unauthorized access to or alteration of the user's transmissions or data;(c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall thepapierproject.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, thepapierproject.com shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond thepapierproject.com's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

Indemnification:

thepapierproject.com and its associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers' fees from persons using the Website fraudulently. thepapierproject.com also hereby reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions. You agree to indemnify, defend and hold harmless thepapierproject.com from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by thepapierproject.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.

Pricing:

Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at our discretion without prior notification to you thereof.

Shipping:

Title and risk of loss for all products ordered by you shall pass on to you upon shipment to the shipping carrier and/or courier service provider of repute. All products that are sold or purchased will be dispatched by us in terms of and shall be governed as per our Shipping Policy (found at thepapierproject.com).

Termination:

thepapierproject.com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms.If you or thepapierproject.com terminates your use of the Website or any Service, thepapierproject.com may delete any content or other materials relating to your use of the Service and thepapierproject.com will have no liability to you or any third party for doing so. You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.

Governing Law:

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Mumbai.

Headings:

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.

Interpretation Of Number And Genders:

The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.

Severability:

If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.

Report Abuse:

As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to nitty-gritty@thepapierproject.com

Unauthorized Charges on your card

If you see charges on your credit/debit card for purchases made on thepapierproject.com, but you never created an account or signed up, please check with your family members or business colleagues authorized to make purchases on your behalf, to confirm that they haven't placed the order. If you're still unable to recognize the charge, please report the unauthorized purchase within 60 days of the transaction to enable The Papier Project to begin an investigation.

Cancellation of Fraudulent/Loss to business Orders

To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, thepapierproject.com reserves the right to cancel all past, pending and future orders without any liability. thepapierproject.com also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on website and stock unavailability. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your card has been charged, the said amount will be reversed to your Card Account. Any promotional voucher used for the cancelled orders may not be refunded.

The customer may be considered fraudulent if any of the following scenarios are met:

Customer doesn't reply to the payment verification mail sent by The Papier Project

Customer fails to produce adequate documents during the payment details verification

Misuse of another customer's phone/email

Customer uses invalid email and phone no.

Overuse of a voucher code

Use of a special voucher not tagged to the email ID used.

Customer returns the wrong product

Customer refuses to pay for an order

Customer is involved in the snatch and run for any order

The customer may be considered loss to business if any of the following scenarios are met:

Customer with a very high return rate

Invalid/Incomplete address cases

Repeated request for monetary compensation for petty issues

The account for the customers falling in fraudulent or loss to business category may be blocked. Any gift credits earned through loyalty or referral program will be forfeited in such case.