1. INTRODUCTION

1. THIS AGREEMENT OF SALE AND PURCHASE (“said Agreement”) sets out the terms and conditions for using and/or browsing the website viz. www.optionsfasions.com, from time to time (hereinafter referred to as “theOptions Website”) which Options Website is owned, controlled and managed by the Options Clothing Company Private Limited, a company incorporated under the provisions of the Companies Act, 1956; and deemed to be incorporated under the provisions of the Companies Act, 2013; and bearing CIN No. U29269MH1999PTC117818having its registered office at Shop no. 11, Ground Floor, Vile Parle Shopping Centre, Vile Parle West, Mumbai, Maharashtra – 400049, India(hereinafter referred to as “the Options Company”).
2. If a User or Member or Visitor intends to use or browse the Options Website then it is presumed that such User or Member or Visitor (as a customer / patron) (hereinafter referred to as “the User”) has read, understood and accepted the terms and conditions of the Agreements; and accordingly the User is bound by the terms and conditions of the Agreements.
3. The Options Company reserves it’s right to amend or change the terms and conditions of the Agreements without obtaining the prior written consent of the User. Upon such amendment or change by the Options Company, the User will be requested again to either ‘accept’ or ‘deny’ such amendments or changes. In the event, if the User accepts the request then in such an event it is presumed that the User has accepted the said changes or amendments and in the event if the User has denied the request then the User shall not be able to use the Options Website and/or further avail the services of the Options Company, effectively.
4. If a User has any queries regarding the terms and conditions set out in the Agreements then the User can contact us at the correspondence address in writing.

2. PLATFORM FOR SALES & REGISTRATION

1. The Options Company operates the sales of the Options Product (hereinafter referred to as “the Options Product”) globally/in India either by itself or through the entities managed, controlled and/or belonging to the Options Company, as applicable at various platforms more particularly website, applications, devices, etc,. (hereinafter referred to as “the Options Sales Platform”).
2. The User is required to register himself/herself/itself/themselves by signing up at the Options Sales Platform for using or browsing and purchasing the Options Product from the Options Website.However, if the User do not agree to register at the Options Sales Platform or withdraws the consent which is already granted by the User previously then the User shall not be allowed use any of the Options Sales Platform (including the Options Website) and further avail the services of the Options Company, effectively.
3. The Options Company clarifies that only a registered User shall be able to track down the details of the Purchase Order.

3. USAGE OF THE OPTIONS WEBSITE & PLACING OF ORDERS

1. While viewing and/or browsing the Options Website it is deemed that the User is above eighteen years of age; and is further competent to enter into the Agreements as per the applicable laws to which the User is governed.
2. The User shall use the Options Website for making valid enquiries and orders only. While making valid enquiries and orders, the User is required to provide complete, true and accurate information and personal data to the Options Company for using and/or browsing and purchasing the Options Product from the Options Website. In the event, if the User intends to rectify the data which is erroneously submitted then the User can do so, by writing to the Options Company at the correspondence address or selecting the option ‘Update’ and ‘Save’ which is made available to the User on the Options Website. The Options Company clarifies that in any event the false data cannot be corrected or updated.
3. The Options Company shall report or lodge the complaint with appropriate authorities about unauthorised usage of the Options Website and the illegal acts as stated hereafter and the appropriate authorities may take appropriate action as deem fit against such User;
   1. The User shall not use the Options Website for making bogus enquires or invalid or fake or false or fraudulent orders.
   2. The User shall not provide false data to the Options Company.
   3. The User shall not introduce virus, logic bombs, Trojans or any kind of viruses or materials which would hamper or damage the software or technology used by the Options Company for operating the Options Website.
   4. The User shall not provide false data to the Options Company. The User shall not hack the Options Website and/or attempt to make unauthorised access to the Options Website, the server, computer, data base, software or device used by the Options Company.
   5. The User shall not attack the Options Website through any attack of denial of service or an attack of distributed denial of service.
4. In the Event if the User is found to be in guilty of any of the events stated in Clause [3.3] then such orders, if any placed by the User, shall be deemed to have been cancelled on a day prior to Options Company becoming aware about such unauthorised usage or illegal acts; and further the User shall be liable for civil and/or criminal actions as per the applicable laws.
5. The Options Company shall, if so required, may suspend the operation of the Options Website immediately in order to identify the attacker. The Options Company in such an event, shall not be liable or responsible for any damage or harm caused due to the User for (i) denial or suspension of services by the Options Company (ii) the usage or browsing of and/or purchasing the Options Product from the Options Website in view of virus being installed or introduced by the attacker in the system of the Options Company and (iii) unauthorisedly using or browsing the Options Website or downloading contents or any part thereof from the same.

4. PRICES, TAXES AND OTHER CHARGES

1. The prices of the Options Product stipulated on the Options Website are subject to changes by the Options Company at it’s sole discretion depending upon or considering the market conditions/factors and the taxes introduced by the Government, from time to time. The User understands the implication and accordingly gives his/her/their/it’s consent to the Options Company for the same. The Options Company clarifies that once the order is confirmed by the Options Company, the prices of such booked Options Product shall not change in any event.
2. The prices of the Options Product which are stipulated on the Options Website does not include charges such as delivery charges, shipping charges, packaging charges, etc,. which shall be levied on the transaction by the agencies or entities hired for delivering the Options Product to it’s User.
3. The prices of the Options Productwhich arestipulated on the Options Website does not include taxes such as Value Added Tax or Sales Tax or Goods and Services Taxes (GST) and other duties and cesses, etc,. which are levied or imposed on the transaction of Sale and Purchase of Options Product by the Concerned Authorities upon the Parties.
4. The User is also required to pay any taxes or charges or any other levies of similar nature that are introduced with retrospective effect by the Government of India in future on a particular transaction.In case the User fails or neglects to pay the said taxes or levies and/or Indirect Taxes or other similar taxes or any part thereof, payable by the User hereunder, as and when the same are/become due and payable, the Options Company may, at its discretion without being bound to do so, after giving 7 (Seven) days written notice to the User, pay the same to the concerned authorities or collection agencies and the User shall thereupon immediately reimburse the same to the Options Company against written demand by the Options Company, failing which, the amount so paid by the Options Company shall carry interest at the rate of 18% (Eighteen percent) per annum with monthly rests on and from the date on which the same was payable by the User until realisation thereof by the Options Company. If any of such amount is due and payable by such User to the Options Company then till such payment is made by such User, the User shall not be allowed to place anyorders for Purchase of the Options Product from the Options Website.
5. The User is required to bear all such costs, taxes and charges as more particularly stipulated in this Clause [4] and the User shall keep the Options Company fully indemnified for the same. All such costs, taxes and charges which the User is required borne and pay, shall be added to the Purchase Order and which amount is in addition to the original prices of the Options Product stipulated on the Options Website.

5. PAYMENT & CONFIRMATION OF THE PURCAHSE ORDER

1. If the User intends to purchase any of the Options Product from the Options Website then the User is required to select such Options Product and add it to the section. Thereafter, the User is required to make the payments as per Indian Currency via e-services towards the purchase of the Options Product by the User.
2. The purchase order shall be confirmed by the Options Company subject to the User making the advance paymentof Options Product bought by the User towards the Purchase Order. The Options Company shall then cause the Options Product to be dispatched and further delivered through the outsourced agencies to the User.
3. An original Purchase Order shall be delivered to the User along with the delivery of the Options Product.

6. TRANSACTION OF SALE AND PURCHASE ONLY

1. On confirmation of the Purchase Order by the Options Company, the User becomes the owner of the Options Product subject to making payment towards the Purchase Order. The obligations and responsibility with regard to sale and purchase of Options Product by the Options Company shall come to an end. Thereafter, the outsourced agencies viz. shipping agency and/or delivery agency shall deliver the Options Product to the User. In the event, if the outsourced agencies fails to deliver the Options Product then such outsourced agencies shall be solely liable and responsible to the User for non-delivery of the Options Product due to loss or negligence or for any reason whatsoever. The Options Company shall in no manner be held liable or responsible for the same.

7. AVAILABILITY & DELIVERY OF THE PRODUCT

1. The Options Company offers to deliver the products and/or provide services within the time frame(as stated hereafter) only subject to the;
   1. terms and conditions of the Agreements; and/or
   2. availability of the Options Product; and/or
   3. force majeure.
2. All the Options Product that are sold by the Options Company through the Options Website are ‘as is where is basis’ without any express or implied warranties and/or guarantee.
3. In the event, if there is shortage of Options Product or temporarily the Options Product is not available then in such an event, the Options Company shall not be liable or responsible for the same. The Options Company in such an event shall make efforts to either provide a substitute Options Product or refund the amount paid towards the purchase of the Options Product (after necessary deduction such as taxes) to the User.
4. The User then has a right to either accept the substituted Options Product or refund of the amount (after necessary deductions) paid by the User. On exercising the right by the User and either upon the delivery of the substituted Options Product or refund of the amount, the liability and responsibility of the Options Company is over completely.
5. The Options Company shall refund the amount after making necessary deductions to the User within a period of 30 (Thirty) days from the date the User exercises the right of availing the substituted product or refund of the above as stated in this clause [8].
6. The User shall accept the delivery of the Options Product. If the User is not available at the delivery address for accepting the delivery of the Options Product then in such an event the Options Company shall get the Options Product either delivered to the neighbor or keep it with the courier agency provided that the User gives written instructions to that effect to the Options Company atleast[__] (_____) days/hours prior to the time and date of delivery. Accordingly, the Options Company shall get a note (stating about the details of the delivery) placed on the package of the Options Product by the courier agency. However, in the event if the User fails to give any such instructions to the Options Company then the Options Product shall be returned to the Options Company. If the User thereafter again wishes to accept the delivery on any other day then the Options Company shall again deliver it at the entire costs and expense of the User. In any event, the User shall not claim this reason as a ground for cancellation and shall not be entitled to refund of any of the amounts paid towards the said Options Product.
7. The time frame for delivering the Options Product must be mentioned in the Purchase Order. However, in the event if the time frame for delivery is not mentioned in the Purchase Order then the Options Product shall be delivered by the Options Company to the User within a period of 30 (Thirty) days from the date of the confirmation of the Purchase Order subject to Clause [13].
8. In the event if due to any reason other than the force majeure events stated in Clause [13] the Options Company is not able to deliver the Options Product within the time stipulated for delivery then the User shall have a right to either extend the time frame for delivery of the Options Product at the request of the Options Company for such further period as mutually agreed upon or entitle to refund of the amount paid after deducting necessary taxes and charges.

8. RETURN OF OPTIONS PRODUCT

1. The User can return the returnable Options Product in the original condition (along with original packaging)within a period of 30 (thirty) days from the date of delivery of the Options Product to the User by writing thereby stating the details of the Purchaser Order, Options Product along with a reason for returning the Options Product to the Options Company at the correspondence address, only under the following circumstances;
   1. Manufacturing defect in the Options Product; and/or
   2. Options Product is not unsealed; and/or
   3. Options Product is not used or damaged by the User
2. Upon expiry of the period of 30 (thirty) days, the right of the User to return the Options Product to the Options Company under the circumstances mentioned in clause [10.1] shall be waived by the Options Company; and further it will be presumed that the Options Product suffer no defect or damage as stated in clause [10.1] and the User has accepted the said Options Product on ‘as is where is basis’. The Options Company shall in no event be held liable or responsible in any manner whatsoever to the User.
3. In any event, the User cannot return the Options Product which are stated in the table hereafter;

   Sr No.	Name or Type of the Product
   1	Customized Items
   2	Accessories
   3	Glasses (Glares)
   4	Watches
   5	Ethnic Wear
   6	Sarees
   7	Music CDs/DVDs

4. The User can return the Options Product to the Options Company;
   1. By delivering the same at any of the Options Store owned by the Options Company, directly;or
   2. By delivering the Options Product to the executive of the Options Companyin the event if the delivery address of the User is within the City of Mumbai; or
   3. By delivering the Options Product to the executive of the Options Companyin the event if the delivery address of the User is within the City of Mumbai; or
5. The Options Company shall then get the Options Product collected within a period of 30 (thirty) days from the date of the User on written request being made by the User under the clause [10.4.2] to the Options Company.
6. Subject to the Options Company fully satisfying itself about the existence of the circumstances mentioned in clause [10.1] then the Options Company shall either provide a similar to the User in the event if there is a stock of such Options Product.The Options Company shall bear the additional costs and expense for delivering the similar Options Product. In the event, if the similar Options Product is not available with the Options Company for any reason whatsoever, then the clause [8.2], [8.4] and [8.5] shall be observed by the User. The decision of the Options Company in that regard shall be final and binding upon the User.
7. In the event if the Options Company is not satisfied that there exists any circumstances mentioned in clause [10.1] then the User is obliged to collecteither by herself/himself/themselves/itself directly from the Options Stores or by courier at his/her/their/it’s written request to the Options Company re-deliver the returned Options Product at the User’s own additional costs and expenses within a period of 30(Thirty) days from the date of Options Company intimating to the User to collect such returned Options Product, failing which the Options Company shall not be liable and/or responsible for delivering the Options Product (and further it will be assumed that the Options Product is already delivered to the User) and/or refund of the amounts or compensation for losing such returnable Options Product for not collecting the same within the stipulated time.

9. ADVERTISEMENT AND LINKS TO THE OTHER WEBSITES

1. The Options Website and other Options Sales Platform may contain links of the other websites for the purposes of branding, advertising, promoting and launching, etc., of similar or other interests which may not relate to the Options Company and/or any of the other Entities which are owned, controlled and managed by the Options Company. The Options Company clarifies that it has no control whatsoever of such other websites which are not owned, managed and/or controlled by the Options Company. Thus, once the User opts to visit such other websites which are not owned, managed and controlled by the Options Company then the Options Company accepts no liability or responsibility of any nature whatsoever arising out of the same by the User on or visiting such other websites. The Options Company forewarns the User that such other websites are not governed as per theAgreement and the User is obliged to read the terms and conditions, the privacy policy, etc., of such other websites in question which are applicable before browsing it.

10. INTELLECTUAL PROPERTY RIGHTS

1. The Options Company and/or its authorized Licensee(s), as the case may be, shall own all the Copyright, Trade Mark and other Intellectual Property Rights on all the Options Product and contents which forms part of the Options Website and/or any part of the Options Sales Platform. All new Options Product or materials which are to be launched or introduced in future by the Options Company shall also solely belong to the Options Company; and accordingly own all such Intellectual Property Rights. The User shall not claim any right, title or interest over such Intellectual Property Rights.

11. FORCE MAJEURE

1. The Options Company shallnot be responsible for payment of any damages for any failure to fulfil, observe, perform or carry out the terms of the Agreement, if such fulfilment or observance or performance or carrying out of such terms is delayed, prevented, suspended or hindered directly due to existence of a Force Majeure Event.
2. 12.2 For the purposes of the Agreements, the term “Force Majeure Event” shall mean any event beyond the reasonable control of the Options Company and shall include without limitation the following:
   1. any acts of God, like earthquake, storm, perils of the sea or air, flood, or any drought, explosion or any other natural disaster;
   2. any reasons like war, civil commotion, acts of criminals or of public enemy, insurrection, blockade, embargo terrorism, etc.;
   3. any reasons like war, civil commotion, acts of criminals or of public enemy, insurrection, blockade, embargo terrorism, etc.;
   4. any reasons like war, civil commotion, acts of criminals or of public enemy, insurrection, blockade, embargo terrorism, etc.;
   5. any kind of fire, collapse, strike, lockout or other forms of protest;
   6. strike, failure or accident in maritime or river transport, postal transport or any other type of transport;
   7. any event whereby the Options Company or its outsourced agencies is unable to use the transport services such as trains, ships, aircraft, motorised transport and/or telecommunication services, whether public or private.
   8. any kind of restriction imposed by the government whereby the business is stalled due to introduction of new or modification of the existing business rules and regulations.
3. It is clarified that during the said Force Majeure event, all the services of the Options Company shall be stalled and suspended and in such an event the time frame for providing services shall deemed to be extended until the Force Majeure event is ended completely.

12. NO CONTRACT

1. Unless the User has placed an order for purchase of the Options Product and such Purchase Order is confirmed by the Options Company, there is no transaction of sale and purchase or any other relation between the User and the Options Company. The Options Company shall in no event liable or responsible to the User for the purpose of browsing and/or viewing the Options Website under any circumstances whatsoever. The liability in any event shall be restricted to the amount of the Options Product purchased from the Options Website.

13. HERITABLE, NON-TRANSFERABLE AND NON-EXCLUSIVE CONTRACT

1. The Agreements are heritable and non-exclusive. The Agreements are valid and binding upon both the Parties viz. the User and the Options Company as well as his/her/their/it’s respective heirs, executors, administrators, successors and assigns.
2. The User shall not transfer the contract or any of his/her/their/it’s rights or obligation under the Agreements without obtaining the prior written consent of the Options Company.
3. The Agreements does not preclude the Options Company from entering into any other writings with others person during the subsistence of the Agreements with the User.

14. UPDATING OPTIONS PRODUCT

1. The Options Company shall update the new Options Product or remove the existing Options Product from the Options Website, from time to time. The Options Company reserves it’s right to update or remove the Options Product and/or make changes to the Options Website, at it’s sole discretion. The User understands that the same is done for the purpose of conducting sales and got nothing to do with the placement of the Orders for the Options Product and will in no way affect the Purchase Orders which are already placed through the Options Website. The Options Company shall not be liable to the User or any third party for updating or removing the Options Product and/or making changes to the Options Website.

15. INDEMNITY

1. The User shall indemnify and keep indemnified the Options Company and/or the outsourced agencies from and against all costs, charges, expenses, actions, claims, injury, losses, damages, litigation or liabilities, etc as may be suffered or incurred by the Options Company and/or outsourced agencies by virtue of any of the representations made or information/data provided by the User on any of the Options Sales Platform is found to be false or untrue or erroneous or inaccurate, forged.

16. LIABILITY

1. The Liability of the Options Company is limited to the amount made under the Purchase Order.
2. The Options Company shall not be liable under the following cases:
   1. in case of death or personal harm caused by our negligence;
   2. in case of fraud or fraudulent deceit; or
   3. in any case in which it were illegal or illicit to exclude, limit or attempt to exclude or limit our liability.
3. The Options Company shall not accept any liability for the following losses, regardless of their origin:
   1. loss of income or sales;
   2. operating loss;
   3. loss of profits or contracts;
   4. loss of forecast savings;
   5. loss of data; and
   6. loss of business or management time.
4. The Options Company do not warrant the accuracy and security of the data transmitted or obtained by means of the Options Website as there is a possibility of errors in storage and transmission of the digital data.

17. WAIVING RIGHTS

1. No delay, forbearance, indulgence or relaxation or inaction by the Options Company at any time to require performance of any of the provisions of the Agreementsshall in any way affect, diminish or prejudice the right of such the Options Company to require performance of that provision contained in the Agreements. Any waiver or acquiescence by the Options Company of any breach of any of the provisions of the Agreements shall not be construed as a waiver or acquiescence of any right under or arising out of the Options Company or of the subsequent breach, or acquiescence to or recognition of rights other than as expressly stipulated in the Agreements.

18. DAMAGES

1. The User agrees that notwithstanding anything contained in the Agreements, the User shall not be entitled to claim exemplary damages or loss of income or for harassmentor for any reason whatsoever from the Options Company under any circumstances whatsoever and howsoever arising, even if advised of the possibility of the same

19. DISPUTE RESOLUTION

1. If any dispute or difference arises between the User and the Options Company hereto, in connection with the subject matter of the Agreements, then the Parties hereto shall refer the dispute to the arbitration of a sole arbitrator to be appointed by the Options Company. The arbitration proceedings shall be held in Mumbai, and all proceedings shall be conducted in the English language and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as the same may be amended from time to time or any statutory re-enactment thereof.
2. The Agreements shall be governed by, interpreted and construed in accordance with the laws of India as applicable.
3. All disputes between the Parties with regard to the subject matter of the Agreements shall be subject to the exclusive jurisdiction of competent courts of Mumbai.

20. GOVERNING LAW AND JURISDICTION

1. The Agreements shall be governed by, interpreted and construed in accordance with the laws of India as applicable.
2. Subject to the provisions of Clause [21] hereof, the competent courts at Mumbai shall have exclusive jurisdiction to try and entertain all differences and disputes between the Parties pertaining to the subject matter hereof.

21. ENTIRE CONTRACT

1. This Agreementis to be read with the Privacy and Cookies Policy (as referred to in Clause [1.3] hereof) and(as referred to in Clause hereof) which constitutes an entire agreement between the User (who has purchased the Options Product) and the Options Companywith respect to the subject matter hereof; and deemed to have been accepted by the User.The User can only initiate action against the Options Company for breach of the Agreements in accordance with the provisions of the Agreements.

22. PARTIAL INVALIDITY

1. If any provision of the Agreementsor the application thereof to any Person or circumstance shall be invalid or unenforceable to any extent for any reason including by reason of any Law or regulation or government policy, the remainder of the Agreementsand the application of such provision to Persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of the Agreementsshall be valid and enforceable to the fullest extent permitted by Law. Any invalid or unenforceable provision of the Agreementsshall be replaced with a provision, which is valid and enforceable and most nearly reflects the original intent of the unenforceable provision.

23. LANGUAGE

1. The language to be used in rendering the technical known-how furnished to the User by the Options Company under the Agreements shall be in English. The Language for correspondence between the parties and any documentation shall be in English only.

24. HEADING IN THE AGREEMENTS

1. The headings in the Agreements are for convenience only and they create no rights or obligations in either party and do not alter any terms or provisions of the Agreements.

25. SUGGESSTIONS

1. The User shall can suggest or recommend or seek clarification on any of the contents or clauses or Options Product by communicating to the Options Company at the correspondence address in writing.

26. CONTACT US

1. The User can contact the Options Company in writing thereby setting out the reason, grievances or clarification or query, if any;
2. Name of the Company : Options Clothing Company Private Limited
3. Address : Shop no. 11, Ground Floor, Vile Parle Shopping Centre, Vile Parle West, Mumbai, Maharashtra – 400049, India
4. Email Id : enquiry@optionsfashions.com
5. Telephone no : 022 67249999 / 67249925