Introduction

Welcome to [www.somefits.com], the website of M/S A and P Designer Products ("somefits"), having their office at [Wz- 164, Second Floor Gali No 02,  SRI NAGAR, SHAKURBASTI North West , Delhi – 110034], the exclusive license of the brand "somefits". As an entity which deals with innovative products, we understand the importance of respecting the originality of one's work, its quality, copyright and other intellectual property rights. Irrespective of the fact that you are an artist, customer or a browser, it is essential that adequate respect is given to the intellectual property rights of all the works that are displayed on the Website whether it is being purchased or not.

The Terms set out in this Website may be altered / amended from time to time depending on the policies of Somefits and the prevailing market conditions. Somefits requests you to read and understand them as often as possible as it may not be possible for Somefits to intimate you on every change that occurs in these Terms. We, through the Website, provide a platform that will enable you to view the contents and products uploaded by Us and purchase the same directly from the website.

Binding Contract

We therefore request you to read these terms of service ("Terms") carefully and the privacy policy ("Privacy Policy") set out on the Website. The Terms and Privacy Policy displayed on the Website, once accepted by you, becomes a legally binding contract between you and Us. Your use of the Website, purchase of any Products displayed on the Website, it a clear indication that you have completely agreed to the Terms and Privacy Policy of the Website and all the rules, policies, procedures relating to the services provided by Somefits, including in relation to the use of the Website, that may be amended from time to time without providing any notice to you. If you want to ask us anything about these Terms or have any comments or complaints on or about our Website, please email us at help@somefits.com.

Eligibility to Use

Reference to the term "You" on this Website shall mean you individually or in the event you are accepting the Terms and Privacy Policy on behalf of any company or body corporate or such other legal entity, it shall also mean and include such entity. In order to use the Website and accept the Terms and Policy of the Website, you are required to be of 18 years or above or in the event the same is being done on behalf of a company or such other legal entity, you shall be authorized by such legal entity to do such acts on behalf of them. If you do not meet these requirements or do not agree to these Terms or the Privacy Policy, you may not create an account or use the Website. Somefits reserves the right to terminate your subscription and / or refuse to provide you with access to the Website if it is discovered that you are under the age of 16 years.

Dispute DIsclaimer:

Terms for Return & Exchange: 

Exchange and return policy only applicable for prepaid customers.

Though COD customers are not eligible for return. Exchange is possible only if the size/ Color issue is there. We do not arrange a reverse pickup if customer have color issues. 

Color / Image Disclaimer **: 

The information provided on this website is for general information and convenience only. Every effort is made to ensure that product information is complete and accurate, but it is the customer's responsibility to ensure that the product they purchase is suitable for their specific needs. For personalized service and recommendations, contact us by email or phone. Please note that all advice from our staff is based on the information provided at the time by the customer and therefore Somefits is only responsible for giving correct advice based on this information, not the actual situation.

While every effort is made to provide accurate color and design images for each product, actual colors and design may vary slightly due to different device display settings, lighting, installation location, slight differences in product finishes over time and other factors. Somefits assumes no responsibility for any difference in color or design that is not a manufacturing defect. By purchasing from Somefits, you accept the small risk that there may be slight variations between the actual color and the actual design and representation on our website. Also note that colors and textured finishes often vary from manufacturer to manufacturer; for example, slightly different shades of "white", different brightness levels, and a different look for the "cotton" material.

 For Exchange and Return, Kindly go through our Exchange and Return Policies.  

In Some of the Areas/ Location we are unable to provide return pickup for exchange the product. Depends on the courier partners, whether any of them are available or not. 

Account and Registration Obligations.

In consideration of your use of our Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by our Website's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Website (or any portion thereof). You undertake to indemnify and keep indemnified somefits for any loss, claim, damage, costs (including legal and professional costs) relating to any abuse or violation including those aforesaid.

"Your Information" is defined as any information you provide to us in the registration or buying process, in the feedback area or through any email feature. We will protect Your Information in accordance with our Privacy Policy. If you use the Website, you are responsible for maintaining the confidentiality of Your Login ID and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under Your Login ID or Password. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. You undertake to indemnify and keep indemnified somefits for any loss, claim, damage, costs (including legal and professional costs) relating to your responsibility or liability or failure including those aforesaid. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

Credit Card Details

You agree, understand and confirm that the credit card details provided by you for availing of services on our Website will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details when making payment on our Website. We do not be store any information related to your Credit card/ Debit card or net banking. In case we do not receive an authorization from the respective bank or the transaction gets interrupted due to any reason, the transaction will be treated as failed and no order will be processed for that transaction. In this case, if any amount has been deducted from your account, the same will be credited back. We shall not be liable in any event, for any credit card fraud that occurs to you. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.

Fraudulent/ Declined Transactions

Our payment partner's (being the Payment Gateways and facilitators and Banks) and our fraud detection team constantly monitors your account in order to avoid fraudulent accounts and transactions. Users availing discount coupons or vouchers fraudulently shall be liable for legal actions under law and we reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using our Website fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of our Website and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such user account(s) and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.

Electronic Communications

When you visit somefits, place an order with us, deal with us in any form via e-mails, feedback, calls or any other mode of communication in last 4 years, you are permitting us to communicate Somefits promotional offers to you via mail/message/any other mode of communication. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this 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.

SMS Communication

On registering in the Website, you agree that we may use your registered mobile number on the Website to send Transaction related and other publicity related SMS to you. You also grant us permission that we may send you any Transaction related SMS irrespective of having DND services activated on your mobile.

You Agree and Confirm

You shall provide authentic and true information in all instances where such information is requested of You. We reserve the right to confirm and validate the information and other details provided by You at any point of time. If upon confirmation Your details are found to be false (wholly or partly), we have the right and the sole discretion to reject the registration and debar you from using the services of our Website and / or other affiliated websites without prior intimation whatsoever.

You Agree and Confirm That You Shall Not Use Our Website For Any Of The Following Purposes

1. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
2. Infringing the intellectual property rights of any third parties.
3. Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
4. Gaining unauthorized access to other computer systems.
5. Interfering with any other person's use or enjoyment of the Website.
6. Breaching any applicable laws, rules or regulations.
7. Interfering or disrupting networks or websites connected to the Website.
8. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the copyright owner.

Modification Of Terms And Conditions Of Service

We may at any time modify the Terms of our Website without any prior notification to you. You can access the latest version of the Terms at any given time on our Website here. You agree to regularly review the Terms on our Website. Should you wish to terminate your account due to a modification to the Terms or the Privacy Policy, you may do so from My Accounts section. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms of this Website.

Governing Law And Jurisdiction

These Terms shall be construed in accordance with the applicable laws of India. The Courts at New Delhi shall have exclusive jurisdiction in any proceedings arising out of these Terms.

In the event of any dispute or difference either in interpretation or otherwise, of any terms of these Terms of Use, the same shall be referred to an independent arbitrator who will be appointed by Somefits and such Arbitrator's decision shall be final and binding on You. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be conducted in English language and shall be held in New Delhi.

Indemnity

You agree to defend, indemnify and hold us and our employees, directors, officers, agents and their successors and assigns, harmless from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of or relating to claims based upon your actions or inactions, which may result in any loss or liability to us or any third party, including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under these Terms of Use or arising out of your violation of any applicable laws, regulations, including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive in perpetuity the expiry or termination of these Terms of Use.

Website Security

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus, bug or worm or other file or software to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing"; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. somefits may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. 

Entire Terms

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. Unless otherwise specified herein, these Terms and the Website policies constitute the entire agreement between you and [www.somefits.com] with respect to our sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the [www.somefits.com]. 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.