Validity of contract

By making a purchase using our website, the following agreement between you and M/S Fabric Lounge is legally binding until further notice. For other types of agreements, please contact us before completing your purchase. As soon as the order has been placed by you, we will send out a confirmation email to the email address stated in your customer profile. It is your responsibility to provide a functional address and check the order confirmation thoroughly for possible errors. It is important that you contact us immediately in case you wish to change or correct any details in your order. Once a custom-made garment has been cut (i.e. production has started), no further changes can be applied. Information about the status of the order is accessible via the customer’s account at any time. As soon as the order has been shipped, a confirmation email is sent to the customer. Upon the receipt of the goods through the customer, the contract is regarded as concluded.

Membership Eligibility

The service is not available to minors under the age of 18 or to any users suspended or removed from the system by fabriclounge.in for any reason. Users may not have more than one account. Maintaining more than one account by a user shall amount to fraudulent act on part of the user and attract actions against such user. Additionally, users are prohibited from selling, trading, or otherwise transferring your account to another party. If you do not qualify, you may not use the service or the site. The company owns no responsibility in any manner over any dispute arising out of transactions by any third party using your account/e-mail provided by you to the company or payments made by your credit card by any third party.

Accounts, Passwords & Security

In consideration of your use of the site, 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 your country. You also agree to provide true, accurate, current and complete information about yourself as prompted by the site’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 the site (or any portion thereof). Certain features or services offered on or through the site may require you to open an Account (including setting up a Fabric Lounge username and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, including cases when it is being used by any of your family members, friends or relatives, whether a minor or an adult and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential.

You further agree to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account as a result of your failing to keep your account information secure and confidential, whether by any family member, friend, relative, any third party or otherwise shall not be entertained by the Company. Because of this, we strongly recommend that you log out of your account at the end of each session.

You agree to notify Fabric Lounge immediately of any unauthorized use of your account or password, or any other breach of security. You may not use anyone else’s Fabric Lounge username, password or account at any time without the express permission and consent of the holder of that Fabric Lounge ID, password or account. Fabric Lounge cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Purchase Policy

1. Agreement to Purchase

For the graphical images used on the site, we have made an effort to illustrate the product as close as possible to what the finished product will look like. However, these graphical images are for visualization only, especially as the colours vary in accordance with the quality of your computer screen. The products you receive may differ slightly from the images on the site. Our website tries to be as accurate as possible. However, we do not warrant that the product description or other content of this site is accurate, complete, reliable, current, or error – free.

2. Tolerances

The garments are made to size selected. Our tolerances for every measurement are as follows.

Collar: 0.25 inches. We add certain shrinkage margin in most cases

Shoulder: 0.25 inches

Chest, Waist & Hip (Half Measurement): 0.25 inches

Shirt, Long Sleeve & Short Sleeve Length: 0.25 inches. We add certain shrinkage margin in most cases

Arm (Half): 0.25 inches

Cuff: 0.25 inches

We are continuously improving the quality of our fabrics. Consequently, garments made from the same fabric but different rolls may vary a little due to normal variations in the processes of weaving and dyeing. This is the reason why sometimes two garments can differ slightly, especially if they are ordered at different times. Please be aware that sometimes there are visible chalk or tailoring ink marks on our garments which will dissolve after the first washing.

3. Warranty

If the measurements of the garment you ordered do not correspond with your order details for reasons other than mentioned above, we request you to kindly contact us. If it our error, we will surely replace it. Even if it is not, we will try to find a mutually acceptable solution. Any returns must be made in the same box, in unworn & reusable condition as it was delivered in and sent with the cheapest possible shipping method.

4. Orders, Prohibition on Reselling

The information on this site does not constitute a binding offer to sell products described on the site or to make such products available in your area. Fabric Lounge may make changes to any products or services offered on the site, or to the applicable prices for any such products or services, at any time, without notice. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, at our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from this site for resale by you or any other person, and you may not resell any item purchased from this site.

5. Pricing

The price of our merchandise is inclusive of Indian VAT. Settlement of any duties/taxes in the destination country will be the responsibility of the customer.

6. Payments

Payments may be made through our payment gateway partners ΓÇô Payu or other payment gateways we may use from time to time. The safety of your Credit Card information is of paramount importance to us. We do not store any credit card information. You are redirected to our partner website and your card details will be entered there. Upon receiving your order we carry out (through our payment gateway) a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Products will not be dispatched, and services will not be performed, until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.

In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account.

7. Purchases; Other Terms & Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the site or for any service offered on or through the site, the latter terms shall control with respect to your use of that portion of the site or the specific service.

Fabric Lounge’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this site should be construed to alter such agreements. Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the site.

8. Delivery

All products are made to order. Delivery time will vary from product to product and season to season and cannot be guaranteed. An indicative time period is approximately 12-20 days including shipping.

Alterations, Returns & Cancellation

1. Alteration Policy

If the garment does not fit quite right, we will work out some mutually agreeable solution to the problem. This may involve alterations, since we do not remake products. Our products are custom-made for you, hence cannot be resold. However we reserve the right to refuse alterations if we consider the garment to fit appropriately.

Conditions

Instances where we will not cover alteration costs include:

• If the alteration is directly related to a change in order requirement from the Customer once the garment has already been produced.

• If the Customer goes against the recommendation or measurement confirmed to us and insists on a particular measurement or style.

• If the Customer’s measurements have changed from the date of measurement to the date of fitting.

• If the Customer’s measurements change down the track – we do not provide a guaranteed fit for the lifetime of the garment.

1. Returns

Garments once sold can be replaced/altered only in case of a manufacturing error. Since we keep limited inventory, we may not always have the same item that you purchased available with us. Hence, we may not be able to replace it for you. In that case, we will provide you with a store credit, which you can adjust the next time you shop with us. We do not permit exchange of a garment purchased from our site. To return a garment, the customer must write to us at cs@fabriclounge.in, a prompt response is assured to such mails. We are not liable for any damages caused to the garment during transit. Our terms and conditions pertaining to returns and exchange can be accessed through this link and we hereby assume that the same has been read and agreed by you. (Return policy under FAQS)

For the purpose of this clause, store credit means credit issued to your account for the entire purchase amount less the shipping costs. Your account credit can be used towards your next purchase with Fabric Lounge.

We offer refunds on garments sold under certain circumstances. In case the garment is defective or there is a styling or sizing error from our end, then we can initiate a refund for you. In case of any error, we typically attempt to alter the garment for you, since refunds are costly for us. However, we are committed to keeping you satisfied, hence if you are still unhappy with our product, then we can initiate a return and refund.

Refund will be processed in 7 days via the same source of payment made while placing the order.

2. Cancellation Policy

To ensure quick delivery service, we put our garments into production as quickly as we can. As long as your order is not in production, you can change or cancel the order by contacting us.

The company reserves the right to cancel any order if any account information submitted by the user is found to be suspect. Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the product. 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 credit card has been charged, we will issue a store credit to compensate you. You can use this credit the next time you shop with us.

Redemption of Store Credits and Vouchers

1. Store Credits

In case of order cancellation, returns in compliance with our return policy or lost shipments, we shall provide you with store credits as compensation. You can adjust these store credits against your next order with us. You can always view your available credits in your Fabric Lounge account.

2. Discount Coupons/Codes or other Promotional Vouchers

There are other types of limited period vouchers or discount coupons/codes which can be issued, or cancelled by us as part of any campaign or scheme. The terms for these campaigns will be decided by us at the time of the campaign and these should be acceptable to you.

While participating in our promotional campaign(s), as mentioned hereinabove, you hereby agree to release and hold Fabric Lounge (and its officers, partners, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, including but not limited to reasonable attorneys’ fees, or arising out of or related to your participation in the said promotion.

Website Operations

1. Accuracy, Completeness and Timeliness of Information on this site

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. This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site. The materials on the site with respect to products and services may be out of date, and Fabric Lounge makes no commitment to update the materials on the site with respect to such products and services.

2. Inaccuracies and Typographical Errors

The information of the Fabric Lounge website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you.

3. Notification Of Changes

Fabric Lounge reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will update the information with the updated last date of amendment. Our Terms may be amended as needed and done so without direct notice outside of this document. You are therefore advised to re-read this statement on a regular basis.

4. Cookies

Like most interactive websites our website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

5. Force Majeure

In case of force majeure the agreement can either be considered as judicially cancelled with neither customer nor Fabric Lounge being entitled to any compensation or the delivery time(s) can be extended with the currency of the force majeure. Fabric Lounge considers force majeure as: war, mobilization, terror acts, blockade stagnation of work, transport obstructions, measures of commercial policy, new or amended legislation, strikes, the non-delivery or non due deliveries of the goods by suppliers to Fabric Lounge, natural catastrophes and any circumstances, events and circumstances that are beyond our control.

6. Links

The site or third parties may provide links to other World Wide Websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that Fabric Lounge is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Fabric Lounge shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Other Legalities

1. Disclaimers

Fabric Lounge does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. The site and its content are delivered on an “as-is” and “as-available” basis. All information provided on the site is subject to change without notice. We cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. Fabric Lounge disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Fabric Lounge disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any of our services. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against Fabric Lounge for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.

Fabric Lounge reserves the right to do any of the following, at any time, without notice:

• to modify, suspend or terminate operation of or access to the site, or any portion of the site, for any reason;

• to modify or change the site, or any portion of the site, and any applicable policies or terms;

• to interrupt the operation of the site, or any portion of the site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

2. Indemnification

You agree to indemnify, defend and hold harmless Fabric Lounge and its affiliates and their officers, partners, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys fees and court costs, arising or resulting from your use of the site and any violation of these Terms of Use. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys fees and court costs, arising or resulting from that disruption. Fabric Lounge reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Fabric Lounge in the defense of such matter.

3. Limitation of Liability

You acknowledge and agree that you assume full responsibility for your use of the site. You acknowledge and agree that any information you send or receive during your use of the site may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the site is at your own risk and that the site is made available to you at no charge. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law, neither Fabric Lounge nor its affiliates, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to the site, or any other site you access through a link from this site or from any actions we take or fail to take as a result of communications you send to us, or the delay or inability to use the site, or for any information, products or services advertised in or obtained through the site, Fabric Lounge’s removal or deletion of any materials submitted or posted on its site, or otherwise arising out of the use of the site, whether based on contract, tort, strict liability or otherwise, even if Fabric Lounge, its affiliates or any of its suppliers has been advised of the possibility of damages. This disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication-line failure, network or system outage, your loss of profits, or theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that neither Fabric Lounge or its suppliers shall be liable for any defamatory, offensive or illegal conduct of any user of the site. Your sole and exclusive remedy for any of the above claims or any dispute with Fabric Lounge is to discontinue your use of the site. You and Fabric Lounge agree that any cause of action arising out of or related to the site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, all or a portion of the above limitation may not apply to you.

4. Trademark, Copyright and Restriction

This site is controlled and operated by Fabric Lounge. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on this website owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

5. Electronic Communication

When you use the site 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, SMS or by posting notices on the site. 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.

6. Jurisdiction & Applicable Law

The laws of India govern these Terms of Use and your use of the site, and you irrevocably consent to the jurisdiction of Mumbai court for any action arising out of or relating to these Terms of Use. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the country of India. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.