Terms and Conditions
We value the trust you place in Smiles the Gift Shop. That’s why we insist upon your reading these Terms of Use carefully. The Terms and Conditions and policies about Privacy, Fees, Payments, Promotions, Delivery, Returns and Refund together shall form the entire Terms of Use.
The Terms of Use, inter alia, provides the terms that govern your access to use (i) Smiles the Gift Shop’s website www.Smiles the Gift Shop.com, and its mobile and tablet applications (“Platforms”), (iii) Smiles the Gift Shop’s online lifestyle, fashion and electronics solutions, which inter alia facilitates the purchase of electronics, lifestyle, fashion merchandise and such other products sold by Smiles the Gift Shop (“Products”) through the Platforms, and (iv) and any other service that may be provided by Smiles the Gift Shop from time to time (collectively referred to as the “Services”).
You hereby understand and agree that the Terms of Use form a binding contract between Smiles the Gift Shop and anyone who accesses, browses, or purchases the Products and uses the Services in any manner (“User”) and accordingly, you hereby agree to be bound by the terms contained in the Terms of Use. If you do not agree to the terms contained in the Terms of Use, you are advised not to proceed with purchasing the Products or using the Services. The terms contained in the Terms of Use shall be accepted without modification. The use of the Services would constitute acceptance of the terms of the Terms of Use.
Terms And Conditions Applicable To Users :
Users must be 18 years of age or older to register, or visit or use the Services in any manner. By registering, visiting or using the Services, you hereby represent and warrant to Smiles the Gift Shop that you are 18 years of age or older, and that you have the right, authority and capacity to use the Services, and agree to abide by the Terms of Use. If a User is below 18 years of age, it is assumed that he/she is using/browsing the Platforms under the supervision of his/her parent or legal guardian and that such User’s parent or legal guardian has read and agrees to the terms of this Terms of Use, including terms of purchase of Products, on behalf of the minor User. Should Smiles the Gift Shop be made aware that a User is under the age of 18 and is using/browsing the Platforms without the supervision of his/her parent or legal guardian, Smiles the Gift Shop reserves the right to deactivate such User’s account without further notice.
The Terms of Use are governed by the provisions of Indian law, including, but not limited to:
the Indian Contract Act, 1872;
the Information Technology Act, 2000;
the rules, regulations, guidelines and clarifications framed thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules”) and;
the Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Rules”).
Smiles the Gift Shop authorizes you to view and access the Smiles the Gift Shop Content solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Return and Refund Policy, if any. Smiles the Gift Shop, therefore, grants you a limited, revocable permission to access and use the Services. This permission does not include a permission for carrying out any resale of the Products or commercial use of the Smiles the Gift Shop Content, any collection and use of product listings, description, or prices, and, any derivative use of the Platforms or of Smiles the Gift Shop Content.
As means to assist the Users in identifying the Products of their choice, Smiles the Gift Shop provides visual representations on the Platforms including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, Smiles the Gift Shop disclaims any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to Users. The appearance of the Product when delivered may vary for various reasons.
Users may make purchases on the Platforms. For the purposes of identifying a User, Smiles the Gift Shop may, from time to time, collect certain personally identifiable information such as your first name and last name, email address, mobile phone number, postal address, other contact information, demographic profile, etc. Users may also register themselves on the Platforms. Registration on the Platforms is one-time and you are required to remember your username and password and keep the same confidential. In the event where you have misplaced your username and password details, you can retrieve and change the same using the “forgot username/password” option on the Platforms.
All information in relation to third parties as available on the Platforms (collectively referred to as “Third Party Information”) are provided solely for your reference. Smiles the Gift Shop is not endorsing the Third Party Information and is not responsible for any errors and representation nor is it associated with it and you shall access the Third Party Information at your own risk.
Further, it is up to you to take sufficient precautions to ensure that whatever links you select, whether from the Platforms, or other Services, is free of such items such as, but not limited to, viruses, worms, Trojan horses, defects and other items of a destructive nature.
Intellectual Property Rights
All the intellectual property used on the Platforms by Smiles the Gift Shop, including the Smiles the Gift Shop Content, shall remain the property of Smiles the Gift Shop, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or of any third party hosting such intellectual property on the Platforms. Except as provided in the Terms of Use, the materials may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Smiles the Gift Shop, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or any third party hosting such material on the Platforms, as the case may be.
If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at support@SmilestheGiftShop.com and let us know of your concerns.
Unlawful Or Prohibited Use
You warrant to Smiles the Gift Shop that you will comply with all applicable laws, statutes, ordinances and regulations regarding the use of the Services and any other related activities. You further warrant that you will not use the Platforms in any way prohibited by terms contained in the Terms of Use or under applicable law.
