TERMS AND CONDITIONS

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT,

2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER
SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. THESE TERMS AND
CONDITIONS WERE UPDATED ON NOVEMBER 14, 2018. PLEASE CAREFULLY READ THESE TERMS
AND CONDITIONS. BY USING THIS PLATFORM YOU INDICATE YOUR UNDERSTANDING AND
ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY
NOT USE THIS PLATFORM.

Definitions –
“Buyers” shall mean anyone who places an order of one or more Products;

“Costs and Expenses” shall mean taxes and/or octroi applicable in relation to booking, sale and
transportation of the Products levied under any Central and State or local laws applicable for the time
being in force;

“Merchant” shall mean FASHION DARBAAR, a sole proprietorship firm by Mr. Amitava Dasgupta, S/O –
_______________________, having its office at Rupchand Pandit Lane, Purulia, West Bengal, 723101;

“Platform” shall mean Koolstuffz.com a online store created by the Merchant, that provides a collection
of Products;

“Products” shall mean the goods services listed on the Platform by the Merchant for the purposes of
marketing and selling such goods to Buyers.

Placing Orders –
Buyer shall be a registered user to the Platform in order to place order via the Platform. Once the Buyer
registers himself in the Platform, Buyer shall be able to place an order via the Platform.

Minimum Order –
The Buyer shall place an order of a minimum quantity of 100 pieces of each Products the buyer wishes
to order.

Prices and Payment –

Prices shall be specified in the description of the respective Products listed in the Platform. All prices
shall be quoted in Indian Rupees. Prices listed in the Platform shall include GST (as applicable) but shall
not include shipping cost and the Costs and Expenses. The Buyer shall pay the total value of the order at
the time of placing the order. All payments shall be made directly to the Merchant’s bank account online
through RTGS or NEFT or IMPS transaction/All payments shall be made at the time of placing order
according to the payment options via the payment gateway as may be provided in the Platform. Upon
delivery the Merchant shall submit all original invoices and/bills regarding cost of shipping and Cost
and Expenses to the Buyer and Buyer shall make the payment of the same within 7 days of receipt of
such invoices and/or bills directly to the Merchant’s bank account, online through RTGS or NEFT or
IMPS transaction.

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Delivery and Shipping –
Buyer can take the delivery of order from the Merchant’s facility
(i.e.________________________________________________________________________) or on its discretion request the
Merchant to arrange for the shipping to the Buyer’s address. Once the order is placed depending on the
volume of the order and mode of the delivery (i.e pick up by the Buyer or shipping by the Merchant) the
Merchant shall inform the Buyer the expected date of delivery and shall reasonably endeavour to
complete the delivery within the specified date. It is noted that the Merchant does not have its own
logistic department and it depends on third party logistics service providers/vendors for shipping of
orders (nothing herein contained shall be deemed to authorize or empower third party logistics service
providers/vendors to act as agent for the Merchant, or to conduct business in the name, or for the
account, of Merchant). It is further noted that the expenses of the delivery are not included in the listed
price of the Products and shall be charged extra in accordance with price charged by third party vendors
carrying out shipments. The Merchant shall intimate the Buyer once the order is shipped and shall share
the consignment number with the Buyer so that the Buyer would be able to track the status of the order.

Title and Risk of Loss –

The Title and risk of loss or damage with respect to the Products shall pass to the Buyer once the order
shipment is dispatched from the Merchant’s facility.

Defects –
The Buyer shall inspect all shipments of order immediately upon arrival and intimate the Merchant on
________________, of any defect within 5 days receipt of the shipments. If the Buyer fails to inform the
Merchant about any such defect within 5 days of receiving the shipment, it shall be deemed that the
shipment reached in good condition and no defect has been detected.

Returns –
The Buyer shall ensure that all defective Products are returned directly to the Merchant facility quoting
invoice number and reasons, within 15 days after making an intimation of the defective Products as
mentioned above. Provided that no returns are acceptable without the Merchant’s prior approval and
delivery instructions for transport. Shipping will be charged. Provided further that returned Products
shall not be accepted if it is held for more than 15 days after making the intimation. The returned
Products will be replaced with new Products of the same category as ordered by the Buyer and the cost
of replenishment may be shared by the Merchant with a mutual agreement with the Buyer.

Cancelation of Order –
Once an order is placed the Buyer shall have a window of 24 hours to cancel the order. If the Buyer
cancels an order after 24 hours of placing it a 25% of total order value shall be forfeited. The balance
amount shall be refunded to the account number provided by the Buyer within 15 days of cancellation
of the order.

Backorders -
Out of stock goods will be back-ordered and shown on the Buyer’s invoice. If back-ordered goods are in
stock at the time of the next order they will be added to the order without duplication. Outstanding
back-orders will be shown on each invoice. If the Buyer wishes to cancel any back order or not have

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back-orders listed at all, it shall inform the Merchant as early as possible. Back orders will be shipped on
the same terms as outlined in Delivery and Shipping section above.

Disclaimer –
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, MERCHANT MAKES NO
WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS. ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY
MERCHANT. IN NO EVENT SHALL MERCHANT BE LIABLE FOR INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS OF
BUYER.

Limitation of Liability –
The Merchant’s aggregate liability, if any, with respect to, arising from, or arising in connection with
each order, whether in contract, or in tort, or otherwise, is limited to, and shall not exceed, the total
value of such order.

Buyer-Seller Relationship –
The relationship between the Buyer and the Merchant is solely a buyer-seller relationship. Nothing
herein contained shall be construed as authorizing the Buyer or the Merchant to act as an employee,
agent, or legal representative of the other for any purpose whatsoever.

Force Majeure –
In the event the Merchant is unable to perform its obligations under these Terms and Conditions arising
out of or caused by, directly or indirectly, forces beyond its control, including, without limitation,
strikes, work stoppages, failure of carrier or utilities, accidents, acts of war or terrorism, civil or military
disturbances, nuclear or natural catastrophes and interruptions, loss or malfunctions of utilities,
equipment or transmission failure, communications or computer (software and hardware) services, or
damage that is reasonably beyond its control, or any other cause that is reasonably beyond its control,
the Merchant shall not be liable for damages to the other for any damages resulting from such failure to
perform or otherwise from such causes. Performance under these Terms and Conditions shall resume
when the affected party or parties are able to perform substantially that party's duties.

Alternatives Dispute Resolution –

Any dispute arising between the Buyer and the Merchant out of these or any transaction made or
contemplated hereunder, shall endeavoured to be settled amicably by the parties within fourteen (14)
days from the date on which either party has served written notice on the other of the dispute.

Governing Law and Jurisdiction –

These Terms and Conditions are governed by and shall be construed in accordance with the laws of the
Republic of India. Each of the parties irrevocably submits to the exclusive jurisdiction of the Courts
situated in Kolkata, West Bengal for purposes of any suit, action or other proceeding arising out of this
Terms and Conditions or any transaction made or contemplated hereunder and agrees not to commence
any action, suit or proceeding relating hereto except in such courts.