This website is operated by XAKA Cutlery. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
To avail the products and services offered at www.xakacutlery.com (hereinafter referred to as “Website”) by XAKA Cutlery (hereinafter referred to as “XAKA Cutlery), the users of the Website (hereinafter referred to as “You” or “Your”) must agree to the following terms and conditions (hereinafter referred to as “Terms”).
If You visit or shop or browse at the Website, You accept these Terms and Conditions. If You disagree with any part of the Terms and Conditions or/and Privacy Policy (please refer to Privacy Policy), please do not use our Website. Please review our Privacy Policy, which also governs your visit to www.xakacutlery.com, to fully understand our practices.
XAKA Cutlery is a property of XAKA Retail, having its registered office at 131, Ground Floor, Barber Road, New Delhi, India 110001.
W E B S I T E U S A G E
You may use the Website only for your own non-commercial personal use and in compliance with these Terms. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You are responsible for your own communications, including the transmission, uploading or posting of information to the Website and are responsible for the consequences of such communications. Any other use of the Website requires the prior written consent of XAKA Cutlery. You may not otherwise copy, modify, or distribute the contents of this Website without the prior written consent of XAKA Cutlery. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Website, in whole or in part.
XAKA Cutlery requires You to agree not to use the Website, and specifically prohibit any use of the Website, for any of the following purposes:
- Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;
- Posting any information which is untrue, inaccurate or not your own;
- Engaging in conduct that would constitute a criminal offence or give rise to civil liability or otherwise violate any law or regulation;
- Attempting to interfere in any way with the Website’s network security, or attempting to use the Website to gain unauthorised access to any other computer system; and
- Using the Website to drop ship merchandise to third parties.
G E N E R A L C O N D I T I O N S
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
I N D E M N I F I C A T I O N
You agree to indemnify, hold harmless, and defend XAKA Cutlery, its parent, subsidiaries, divisions, and affiliates, and their respective partners, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defence, including attorneys’ fees, in any way arising from or related to your illegal use of the Website, your violation of these Terms or the Privacy Policy, defamatory or infringing content posted to the Website by You, or Your violation of any law or the rights of a third party.
M O D I F I C A T I O N S T O T H E P R I C E S & S E R V I C E
Prices for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a product or Service.
N O T I C E S & E L E C T R O N I C C O M M U N I C A T I O N
When You visit Website or e-mail XAKA Cutlery, You are communicating with XAKA Cutlery electronically. By communicating with XAKA Cutlery, You consent to receive communication from XAKA Cutlery electronically. XAKA Cutlery will communicate with You by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that XAKA Cutlery provides to You electronically satisfies any legal requirement that such communication be in writing.
T E R M S & C O N D I T I O N S A R E B I N D I N G O N A L L P U R C H A S E S
- All orders are deemed offers for You to purchase our products or/and services. XAKA Cutlery may accept your offer by issuing a confirmatory e-mail and/or mobile confirmation of the products specified in Your order. XAKA Cutlery’s acceptance of each such offer is expressly subject to and conditioned on Your assent to these Terms and XAKA Cutlery’s Privacy Policy.
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XAKA Cutlery reserves the right, with or without prior notice, to do any one or more of the following:
(i) Limit the available quantity of or discontinue any product or service;
(ii) Impose conditions on the honoring of any coupon, coupon code, promotional code,
or other similar promotion;
(iii) Bar you from making or completing any or all sale transaction(s); and
(iv) Refuse to provide You with any product or service. - You agree that by placing an order on the Website, You are entering into a binding contract with XAKA Cutlery and agree to pay all charges and taxes that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping, taxes and handling charges.
P R O D U C T I N F O R M A T I O N & I N V E N T O R Y
Excluding any content that may be submitted by You from time to time, XAKA Cutlery strives to ensure that the information on the Website is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which XAKA Cutlery may correct without liability.
XAKA Cutlery also reserves the right to limit quantities purchased by You and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). XAKA Cutlery does not guarantee that all products described on the Website will be available.
P A Y M E N T
All payments must be received by XAKA Cutlery prior to shipment of Order unless opted for Cash On Delivery (Only available for Orders placed within India). XAKA Cutlery partners with Razorpay who accepts payments by net banking, credit card & debit card.
O R D E R P R O C E S S I N G & D I S P A T C H
- Subject to Clause 7(b), orders received are usually processed within 7 Business Days. For the purpose of this Terms, the term “Business Days” shall mean, a day not being a Saturday and Sunday, on which banks in India are open for normal banking business.
- XAKA Cutlery partners with reliable courier companies & is not responsible for any delay in deliveries by them.
S H I P P I N G & H A N D L I N G
Standard shipping is available on all other products, based on availability. Such shipping fees, in case eligible shall be as displayed on product checkout. You acknowledge that shipping and delivery schedules are estimates only and cannot be guaranteed. XAKA Cutlery is not liable for any delays in shipments.
R E T U R N O F P R O D U C T S & R E P L A C E M E N T
XAKA Cutlery offers a 15 (fifteen) days replacement warranty for all products sold on its Website, under certain conditions mentioned below:
- You will notify XAKA Cutlery of any defect within 24 hours from the date of receipt of delivery of the products, provided such return is for reasons limited to damage during shipment, merchandise defect, wrongly delivered or wrong product. Products should be returned in their original packaging to qualify for replacement. Shipping and handling charges for return of such defective products and replacement shall be borne by You.
- XAKA Cutlery shall not be held responsible and liable for variation of appearance or display of products on its Website.
- In the event that You fail to inform XAKA Cutlery within the stipulated time frame and condition set out in Clause 9(a), XAKA Cutlery reserves the right to accept or reject such replacement request at its sole discretion.
- XAKA Cutlery will replace the defective product at no extra cost. XAKA Cutlery will try to replace the specific product ordered. However, XAKA Cutlery reserves the right to offer an alternate product in case the returned product is out of stock/out of production.
- You acknowledge that the return and replacement policy is not valid for certain products, including products sold during sale events, made to order products, custom made products.
R E F U N D P O L I C Y
- You understand and acknowledge that all sales are final and
- That there shall not be refund of any payment under any event whatsoever except refusal for exchanged product/replacement product.
In the event that You do not want replacement of a defective Product(s) under Clause 9, XAKA Cutlery shall offer the refundable amount pending receiving the product and its approval of rejection in their warehouse. The refund amount will be transferred to the specific bank account whose details will be given by you.
O R D E R C H A N G E S & C A N C E L L A T I O N
Any product additions, quantity changes or specification changes made to accepted orders will be modified in the order details:
- Orders once shipped, cannot be cancelled or changed.
- Orders placed during sale events, cannot be cancelled or changed.
- XAKA Cutlery may, without liability, cancel any accepted order before shipment if there are other problems with the payment mode selected by You.
A P P L I C A B L E L A W & D I S P U T E R E S O L U T I O N
The Policy herein shall be construed in accordance with and be governed by the laws of India. All disputes arising out of or/and relating to the Policy shall be subject to the exclusive jurisdiction of the Courts in Delhi.