Description of Services
in the site, PreHaute is a marketplace that provides users with access to sales of lifestyle, fashion and luxury products and services online. you are responsible for obtaining access to the site, and that access may involve third-party fees (such as internet service provider or airtime charges). in addition, you must provide and are responsible for all equipment necessary to access the site. This website is owned by Gopala Sales Pvt. Limited, 4830/24 Ansari Road, New Delhi,110002, India.
License and Site Access
PreHaute grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in PreHaute’s sole discretion) an unreasonable or disproportionately large load on PreHaute’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by PreHaute to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by PreHaute.
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 of India or other applicable jurisdiction. 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 PreHaute has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PreHaute has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify PreHaute immediately of any unauthorized use of your account or any other breach of security. PreHaute reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
You agree that your listing, posting and/or information:
- Shall “not be fraudulent, misrepresent, mislead or pertain to the sale of any illegal, counterfeit, stolen goods and/ or services.
- Shall not pertain to goods, services of which you are not the lawful owner or you do not have the authority or consent to 'list/sell' which do not belong to you or you do not have the authority for.
- Shall not infringe any intellectual property, trade secret, or other proprietary right or rights of publicity or privacy of any third party.
- Shall not consist of material that is an expression of bigotry, racism or hatred based on age, gender, race, religion, caste, class, lifestyle preference, and nationality and / or is in the nature of being derogatory, slanderous to any third party.
- Shall not be obscene, contain pornography or contain “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
- Shall not distribute or contain spam, multiple / chain letters, or pyramid schemes in any of its forms.
- Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any goods and services, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
Once you upload or list an item for sale on PreHaute marketplace you accept and agree that you are the rightful owner of the item and the item is authentic. You agree that if PreHaute finds at any time that the item you intended to sell on PreHaute marketplace is suspected or is fake/inauthentic , you are personally liable for any claims/damages/losses that are imposed on PreHaute due to the inauthentic item.
Pricing and Sale
PreHauate strives to provide the best possible price for the products you wish to buy or sell. We do not give any guarentee that the prices are the lowest in India or anywhere on the world on a similar marketplace. Prices are subject to change without notice. Once you wish to sell a product, we will offer you a price that we will draw from reviews from experts and our study. You may choose to decline the offer and it will not be listed on the marketplace.
Once you accept the price, your product will be listed on the marketplace and it is deemed to be binding on you if sold. You accept that once the product is sold you will immidiately ship the item to PreHaute at the agreed price. You are liable to PreHaute for the losses, for shipping the items late or not shipping the items within the stipulated time frame of 5 (five) days from the confirmation of the order from PreHaute to you.
You agree that PreHaute will list your items for a period of 90 days on its marketplace. If you choose to withdraw your listing before the contractual period you will be liable to pay PreHaute processing charges of Rs. 2500 per product.
At PreHaute orders are shipped fully insured with the reliability and accountability of the shipping partners we work with. Applicable sales tax will be provided during checkout.
We believe in making the products available to the buyer within 14 business days in case of domestic shipping limited to metro cities. International orders or cities at remote location can take upto 21 days.
Cancellations by PreHaute
Please note that there may be certain orders that we are unable to process. 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, or any defect regarding the quality of the product. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account. You agree not to make PreHaute liable for any losses of any kind in such a situation.
PreHaute does not claim ownership of any materials you make available through the Site. At PreHaute’s sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant PreHaute a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section 4.
Disclaimer of Warranty
All content, products, and services on the site, or obtained from a website to which the site is linked (a “linked site”) are provided to you “as is” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
PreHaute does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the site by any party other than PreHaute, (b) any content provided on linked sites or (c) the capabilities or reliability of any product or service obtained from a linked site.
Other than as required under applicable consumer protection law, under no circumstance will PreHaute be liable for any loss or damage caused by a user’s reliance on information obtained through the site or a linked site, or user’s reliance on any product or service obtained from a linked site. it is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
Limitation of liability
you expressly understand and agree that PreHaute and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if PreHaute has been advised of the possibility of such damages), resulting from use of the site, content or any related services.
You agree to indemnify and hold PreHaute (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this TOS, or your violation of any law or the rights of a third party.
When you use the Site or send emails to PreHaute, you are communicating with PreHaute electronically. You consent to receive communications from PreHaute electronically. PreHaute will communicate with you by email 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.
Site-Provided Email and Postings
The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. PreHaute is under no obligation to review any messages, information or content (“Postings”) posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, PreHaute may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain:
Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
Advertisements or solicitations of any kind
Impersonate others or provide any kind of false information.
Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
Messages by non-spokesperson employees of PreHaute purporting to speak on behalf of PreHaute or containing confidential information or expressing opinions concerning PreHaute.
Messages that offer unauthorized downloads of any copyrighted or private information.
Multiple messages placed within individual folders by the same user restating the same point.
The Site or third parties may provide links to other World Wide Web sites or resources. Because PreHaute has no control over such sites and resources, you acknowledge and agree that PreHaute 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 PreHaute 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.
Access To Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Modification and Notification of Changes
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of PreHaute and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of PreHaute or such third party which may own the Marks. All information and content including any software programs available on or through the Site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
PreHaute is not associated with the brands that it sells, which are a registered trademark of the respective brand owners and not of PreHaute
Procedure for Claims of Intellectual Property Infringement
PreHaute respects the intellectual property of others, and we ask our users to do the same. PreHaute may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide PreHaute’s Service
Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
PreHaute’s agent for notice of claims of copyright or other intellectual property infringement can be reached via e-mail at contact@PreHaute.com with the subject line “intellectual property”.
PreHaute may update this mailing address from time to time. You agree that changes to this mailing address shall not constitute a modification to this TOS for the purposes of Section 12.
Survival of Terms After Agreement Ends
Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time PreHaute may offer special promotional offers, which may or may not apply to your PreHaute account. You agree to be bound by any additional terms and conditions for these special offers. Headings are for reference purposes only and do not limit the scope or extent of such section. The laws of
India will govern this TOS and the relationship between you and PreHaute. The failure of PreHaute to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. PreHaute does not guarantee it will take action against all breaches of this TOS. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. This TOS constitutes the entire agreement between you and PreHaute and governs your use of the Site, superseding any prior agreements between you and PreHaute with respect to the Site.
EVENTS OUTSIDE OF OUR CONTROL
We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our reasonable control including without limitation Acts of God, fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute (whether or not involving PreHaute employees), or acts of local or central government or other competent authorities. This does not affect your statutory rights.
GOVERNING LAW AND JURISDICTION
- This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of New Delhi, India
- The parties irrevocably agree that the courts of New Delhi, India shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
PreHaute respects your privacy and guarentees you that at no point will your personal data be shared with anyone. We do not share your personal information with any company that is involved in using the data for mails, SMS, spams etc.
We encourage you to shop with confidence. PreHaute agrees to be liable incase you can prove that we have shared your personal information with any third party. This is our promise and we don’t take it lightly.
I am above 18 yrs of age who can enter into a legally binding contract, and not barred by any law for the time being in force. I agree that the goods pertain to the sale transaction is not fraudulent, misrepresent, counterfeit or stolen goods and I have purchased/procured it from authorized retailer/ dealer. Further, I declare that the item is genuine and not fake/ inauthentic and during the possession of the said item with me, I have used it in decent manner. Its all internal parts are same as fitted by the manufacturer company and no tempering has been done by me or by any other person. In case any discrepancy/ duplicity are detected in said item in future, I will be responsible and liable for the same and the purchaser can take legal action against me. I have received the full consideration of said item and handed over the physical possession of the same to the purchaser and the purchaser hereafter has full title of the said item in his favor and he can use/ dispose off/ gift/sale or do any other acts as he whishes. By agreeing to sell my goods on www.prehaute.com, I agree to this undertaking.