Terms & Conditions
Welcome to turnblack.in (“Website”). TURN BLACK and/or its affiliates provide website features and other products and services to you when you visit or shop at turnblack.in, use TURN BLACK products or services, or use the software provided by TURN BLACK in connection with any of the foregoing. TURN BLACK provides the Services subject to the following conditions. This user agreement (“Terms and Conditions” or “T&C” or “Terms” or “Agreement”) is between you (“you” or “End User” or “your” or “Buyer” or “Customer” or “Registered User”) and TURN BLACK (“Company” or “us” or “We” or “Turnblack.in”). This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. Notwithstanding anything contained or said in any other document, if there is a conflict between the terms mentioned herein below and any other document, the terms contained in the present T&C shall alone prevail for the purposes of usage of the Site.
The domain name “turnblack.in” is registered in the name of Flocker Arts Pvt. Ltd. which is a registered company under the Companies Act 1956. Its registered office is at 125B Shahpurjat, New Delhi – 110049. TURN BLACK is in the business of selling luxury lifestyle retail products such as apparel and other related goods online on the website turnblack.in.
RIGHT TO CHANGE
TURN BLACK reserves the sole right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions every time you purchase products from us or use our website.
When you use any of our Services or send e-mails to us, you are communicating with us electronically. You by using our services you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through other services. 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. The legal requirements would be in conformity with the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, TURN BLACK owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to TURN BLACK without obtaining authorization from it.
User shall not upload post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary rights. TURN BLACK does not have to express any burden or responsibility to provide the Users with indications, markings or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Site, User warrants that the owner of such material has expressly granted
TURN BLACK the royalty-free, perpetual, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. The user also permits any other end-user to access, view, and store or reproduce the material for that end user’s personal use. User hereby grants
TURN BLACK, the right to edit, copy, publish and distribute any material made available on the Site by the User. The foregoing provisions of Section 25 apply equally to and are for the benefit of TURN BLACK, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of TURN BLACK protected by copyright as a collective work under the applicable copyright laws. TURN BLACK owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print / save copyrighted material for the User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of TURN BLACK and the copyright owner is permitted.
If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with TURN BLACK shall not be deemed to be in the public domain but rather the exclusive property of
TURN BLACK, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of TURN BLACK unless otherwise stated.
INTELLECTUAL PROPERTY RIGHTS COMPLAINTS
TURN BLACK respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes any Intellectual Property Right infringement, please address a complaint to the ‘firstname.lastname@example.org’ by way of an email as provided hereinbelow.
USER RESPONSIBILITY AND REGISTRATION OBLIGATIONS
If you use the Website as Registered User, you agree that you are competent to contract within the meaning of the Indian Contract Act, 1872. TURN BLACK reserves the right to terminate your membership and refuse to provide you with access to the Website if we counter any fictitious activity on your account. You are solely responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter-alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by You as a Visitor or user of a third party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, TURN BLACK has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
You undertake not to host, display, upload, modify, publish, transmit, update or share any information that is contained on the website that: belongs to another person and to which you does not have any right to; is grossly harmful, harassing, blasphemous; defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark , copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
That in case it is found that you are in violation of these express conditions, you shall be solely responsible and shall face all legal consequences of the same by yourself and that TURN BLACK shall in no manner be held responsible for the same.
The price of our merchandise as mentioned on Turnblack.in is the Maximum Retail Price (MRP) for the said product. Such MRP shall be inclusive of all local taxes as are applicable in India. Additional applicable taxes may be charged depending upon the destination where the order has to be shipped to. The tax rate applied and charged upon the order shall include combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. TURN BLACK reserves the right to collect taxes and/or such other levy/ duty/ surcharge that it may have to incur in addition to the normal taxes it may have to pay. We may also charge delivery Charges which may include postal charges/shipment charges etc. that may be applicable to your country.
ORDER CANCELLATION BY TURN BLACK
Due to unavoidable circumstances, there may be times when certain orders having been validly placed may not be processed or capable of being dispatched. TURN BLACK reserves the exclusive right 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/ debit card/ any other mode of payment has been charged, the said amount will be reversed into your Account/ as the case may be to the source of the payment within a period of 30 working days. Any type of voucher used in these orders shall be returned and made available to the user in case of cancellation by TURN BLACK.
SHIPPING & PROCESSING FEE
Our shipping and processing charges are intended to compensate TURN BLACK for the cost of processing your order, handling and packing the products you purchase and delivering them to you. For further information please refer to our Shipping & Payment Policy.
While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you including but not limited to the following: (a) lack of authorization for any transaction/s; (b) or exceeding the preset limit mutually agreed by You and between your “Bank /s”; (c) or any payment issues arising out of the transaction; (d) or decline of transaction for any other reason/s.
All payments made against the purchases /services on turnblack.in by you shall be as against the MRP displayed on the website and shall be in terms and conditions of the third party Online Payment Gateway Services as adopted and applicable to your transaction as approved by TURN BLACK. Before shipping your order to you, we may request you to provide supporting documents (including but not limited to Govt. Issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done so as to ensure a safe and full proof online shopping environment to our users.
TURN BLACK may employ Instamojo, PayPal, Paytm and such other third party facilities, for Payments on the Website.
Such payments can be made through the electronic or through Cash on Delivery transactions, as may be permitted by TURN BLACK which shall be at its sole discretion. Use of such third party services will be governed by their User Agreement, Seller Terms, Conditions and other rules and policies as may be required and applicable for your nature of activities.
Please use the website, only if you agree to the terms & conditions.