TERMS OF USAGE

Please read these conditions carefully before using this Website (defined below). By using this Website, you signify your agreement to be bound by these conditions.

The present document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Usage for access or usage of Tumult marketplace platform - www.Tumult.in (hereinafter referred to as "Website"). The usage of the Website by you, shall be governed by the following terms and conditions ("Terms of Usage") as applicable to the Tumult including the applicable policies which are incorporated herein by way of reference. These terms and conditions including the policies constitute your binding obligations, with Tumult and need strict adherence by you to access this Website.

(Wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on Website by providing data while registering on the Website as Registered User. The term "Tumult", "We", "Us", "Our" shall mean Tumult .

While using any of the services provided by Us through the Website, including but not limited to Product Reviews), You must adhere to such rules, guidelines, policies, terms and conditions as stated hereunder. We reserve the right to modify, change, add, remove or withdraw such terms/ policies without any prior notice to You. You are therefore expected to go through these Terms of Usage each time you use Our Services. By express or implied acceptance of the Terms of Usage, You accept and agree to be bound by Tumult Policies.

 

User Account:

Upon usage of and while using, the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent un-authorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure. Please ensure that the details you provide us are correct and complete and inform us immediately of any changes to the information that You provided when registering. You can access and update much of the information you provided us within the Your account area of the website. You agree and acknowledge that You will use Your account on the Website to purchase Products only for your personal use and not for business purposes, failing which we reserve the right to refuse access to the Website, terminate accounts, remove or edit content at any time without any sort of notice to You.

 

Services Offered:

Tumult offers You nightwear apparel ("Products") for purchase. The Products can be purchased through the Website through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale like cancellation policy, exchange/return policy, refund policy etc. In addition to these Terms of Usage, You need to adhere to Product specific conditions, which may be displayed with that Product, if applicable. Tumult does not warrant that Product description or other content on the Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard. The content is dynamic and subject to change without prior intimation.

 

Eligibility

  • Use of the Website is available only to such persons who can legally contract under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. shall not be eligible to use the Website. Any usage by such people shall be totally at their risk and consequences and We expressly disclaim any liability of the same.
  •  The Website reserves the right to terminate any membership and / or refuse to provide access to the Website if it is brought to the Website’s notice or if it is discovered that the person accessing/using the Website is under the age of 18 years or is incompetent to contract by any means.
  •  By accepting the Terms or using or transacting on the Website, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between the Website and such User to the extent permissible under applicable laws of the land.
Privacy:
  • Tumult stores and processes Your Information including any sensitive financial information collected as defined under the Information Technology Act, 2000 and Rules there under. We may use your personal information for keeping our customer’s database and shall never trade your information for any commercial purposes. We have developed this Privacy Policy to protect Your personal/financial information and keep it confidential. By visiting Our Tumult, you are accepting and consenting to the practices described in this Privacy Policies.
  • We may disclose personal information if required to do so by law or in the good faith, believing that such disclosure is reasonably necessary to respond to court orders, or other legal process by any competent authority. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith that such disclosure is reasonably necessary to (i) enforce our Terms or Privacy Policy, (ii) respond to claims that an advertisement, posting or other content violates the rights of a third party or protect such rights, property or personal safety of our users or the general public, or (iii) meet the ends of law by any means.
  • The personal information / data provided to us by you during the course of usage of Website will be treated as strictly confidential and in accordance with the applicable laws and regulations. If you object to your information being transferred or used for whatever limited purposes chalked out herein, please do not use the Website.
  • We disclose your information in an aggregated and encrypted form which is not capable of being used or interpreted in such a manner as to identify you.
  • We collect and store your correspondence information to: (a) comply with our obligations under law; (b) monitor your use of our Services in order to ensure your compliance with our Terms of Service and (c) maintain our databases.
  • However, irrespective of how effective the encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet. Any transmission of information by you to our Website is at your own risk. We recommend that you do not disclose your user ID and password to anyone. Any such act would be entirely at your own risk and consequences.
  • We may place a small text file on your mobile device to enable various features of Tumult, called as a Cookie. Cookies are used to store user preferences and to track user trends, so as to enhance your interactive experience and generally improve our Services to you. You can change your cookie settings to accept or not accept cookies in your browser settings. If you accept a cookie, you thereby agree to our use of any personal information collected by us using that cookie. Whenever Tumult uses a third party to host and serve content, we may arrange for a common identifier to be shared between the third party and Tumult in order to enable accurate measurement of traffic and usage, which again may be connected with gathering and utilizing your personal information, but in good faith. 
Payments
  • The prices for all Products are in Indian rupees. Prices, Products and services offered by Tumult may change at our discretion, without prior intimation. Users further undertake that by initiating a transaction, the User is entering into a legally binding and enforceable contract with us to purchase the products using such payment facilities as may be permitted by applicable laws and as may be accepted by the Website.
  • We may enter into agreements with third party payment gateway aggregators and financial institutions authorized by the Reserve Bank of India for collection, refund and remittance and to facilitate payment by Users. The Website shall initiate the remittance of the payments made by the User and the date of completion of transaction shall be after the Products are delivered to the User.
  • While availing any of the payment method/s available on the Website, the Website will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:
  1.   Any payment issues arising out of the transaction, or
  2.   Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a User; or
  3.   Exceeding the preset limit mutually agreed by and between the User and relevant banks of the User, or
  4.   Decline of transaction for any other reason(s); or
  5.   Lack of authorization for any transaction/s, or
  • Notwithstanding anything contained herein or anywhere in these Terms of Usage, the Website reserves the right to conduct additional verification for security or other reasons if it is not satisfied with the creditability of the User or for any reason whatsoever, that may give rise to any suspicion to Tumult against any concerned User’s usage of the Website.
  • Use of the payment facilities provided by the Website shall not render the Website liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties or fraud as regards the Products listed on the Website. The Website shall not be responsible for any damages, interests or claims arising from not processing a transaction.
  • Every User hereby agrees to provide accurate information, such as credit/debit information for purchasing Products on the Website. Every User further warrants that he/she shall not use payment information or instrument that is not lawfully owned by the User. The Website shall not utilize or share with any third party unless required as per law, regulation or court order or in accordance with the terms of the privacy policy. The Website disclaims all liabilities arising out of loss of any information pertaining to the Confidentiality of the credit/debit card details or pre-paid instrument account. In addition to these Terms, the terms and conditions of the bank or other financial institution shall also be applicable to every User. The Website disclaims any liability arising out of declining of payment by such bank or financial institution.
  • Please note that the Website is merely a facilitator for providing the User with payment channels through automated online electronic payments, cash on delivery, collection and remittance facility for the payment of Products purchased by the User on the Website using the existing authorized banking infrastructure and credit card payment gateway networks, and expressly disclaims any liability or responsibility pertinent thereto.
Shipping and Delivery
  • The Products that are purchased from the Website shall be delivered to the User by standard courier services by Tumult through an empaneled logistics partner. All deliveries where applicable shall be endeavored to be made within the time stated in delivery specifications on the Product page, on a best efforts basis, and while the Website will endeavor to deliver the Products on the dates intimated, the Website disclaims any claims or liabilities arising from any delay in delivery of any Product.
  • A nominal fee may be charged on all cash on delivery (“COD”) orders. The COD charge can be viewed at the time of placing the order and in order related communications with the User. This charge shall not be refunded if an item is returned or exchanged or if a cancellation request is raised after the order is shipped or manufactured to order.
  • Tumult shall not be responsible for any delay in the delivery of the Products. Tumult shall not be liable for any damage to the Product in transit due to mishandling by the logistics partner
  • The logistics partner supported by Tumult will make a maximum of two attempts to deliver your order. In case the User is not reachable or does not accept delivery of products in these attempts, we reserve the right to cancel the order(s) at our discretion, wherein in case of pre-paid orders the refund details may be enquired by the concerned user by contacting us.
  •  A tentative delivery time shall be displayed on the order summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location pin code, as specified by you in your address details.
  • Sometimes, delivery may take longer due to inter alia due to war (whether an actual declaration thereof is made or not), sabotage, insurrection, rebellion, riot or other act  of civil disobedience, act of a public enemy, failure or delay in transportation , act or action of any Government or any agency or subdivision thereof, including any act or action by way of any statute, sale guidelines/ regulation, amendments to license(s) granted to Tumult, any other act or action whether judicial action, labour dispute, fire, accident, explosion, epidemic, quarantine restrictions or flood, lightning, earthquake or any other act of God, or shortage of labour, bad weather etc(hereinafter called “Force Majeure” events).
  • In the event any delay in delivery of a Product is expected, the Website may, at its sole discretion, intimate the User who may have purchased the same, regarding such delay. In case of delay due to Force Majeure events, the Website shall not be held responsible and will bear no liability in case of failure or delay of delivering the Products including any damage or loss caused to the Products. Where there is a likelihood of delay in delivery of the Products, the User may be notified of the same from time to time. However, no refunds may be claimed by the User for any delay in delivery of the Products, which was caused due Force Majeure events.
  • We may or may not deliver Products together, which have been ordered together in one transaction. Bundled delivery shall be subject to availability of stock with us.
  • If a User wishes to get delivery to different addresses, then the User shall be required to purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. The User agrees that the delivery can be made to the person who is present at the shipping address provided by the User.
  • Tumult shall not compensate for any mental agony caused due to delay in delivery. The Users can cancel the order at any moment of time even if the delivery time exceeds the expected delivery time. If it is a prepaid order, the Users will be refunded back the price of the Product in such account as user may notify, in accordance with the options chosen by you, within 45 days of the order being successfully cancelled, without any interest thereof.
Return, Replacement and Refund
  • In case of any issues,  Products which have been ordered from the Website and successfully delivered to the User, may be returned to us in accordance with the terms contained herein. 
  • However no Products will be eligible for exchange or accepted if (a) the Products have been damaged by the User (b) if there is a change in the quality, quantity or other characteristics of the Product (c) if the Product does not suffer from any manufacturing defect; (d) if the product returned is not the Product that was delivered  (e) if the price tag and other tags on the Product are not intact (f) if the Product is worn or soiled or found dirty or mutilated in any manner (g) if the Product has been manufactured on order or is customized for the User on order or (h) if the User has no reason to return; or (i) any other circumstances that the Website may notify or deem appropriate from time to time.
  • In case of returns/Exchange:
    1. Return/Exchange should be initiated within 7 days of order delivery.
    2. The tags on the product should be intact.
    3. The product should be unwashed, unused and in an undamaged condition.
    4. The product shall have manufacturing defect.
    5. The quantities delivered shall be intact.
    6. The item needs to be returned along with the original packaging with original invoice.

  • If the user wants to return the product within 7 days from the delivery date and Tumult does not offer pickup of the items, then user can return the package using any courier service of his/her choice.

  • In case of return initiated and subsequently couriered by the User himself/herself, and if it is found that the claimed shipment was not delivered to Tumult or the shipment was empty, the burden of proof shall be on the User to prove and establish their claim of return. However, non-receipt of Product by Tumult means no refund/exchange being issued to the User. The User waives any claims against Tumult in this regard.
  • Tumult will not be liable for the Products returned inadvertently. In circumstances where a product not belonging to Tumult is returned by mistake, Tumult is not accountable for misplacement or replacement of the Product and is not responsible for its delivery back to the User. In case Tumult chooses to re-deliver the same, they may charge applicable delivery charges.
  • Once returned or in case the User does not receive the delivery within the time period agreed the User will be entitled to claim refund of the entire cost of the Product after adjusting relevant courier charges and such other charges that the Website may at its own discretion deduct. In case a User does not raise a refund claim as per the Terms, the User shall be ineligible for a refund. In the event, the refund facility is not available in full or in part for certain Products, the User shall not be entitled to a refund in respect of such Products.
  • All Products ordered by the User shall be eligible for exchange in accordance with the exchange/ replacement policy as indicated herein above.
  • In case of Size Exchange, the differential amount, if any, shall be forfeited or charged as the case may be.  In case the Product being offered for replacement has been bought within any offer/sale, the current price at the time of replacement shall be applicable.
  • Refund, if any, shall be made at the same issuing bank through which the Product was purchased. For cash on delivery transactions, the User has the option to receive the refund in any bank account via NEFT (for which the User shall have to share the bank details) or, the refund will be credited to the wallet linked to his/her User account on the Website. For payments made through electronic means like debit card, credit card, net banking, wallet etc. refund shall be made using the same payment mode.
  • All refunds shall be made in Indian Rupees only.
  • The User acknowledges that the Website will not be liable for any damages, interests or claims etc. resulting from non-processing an order or any delay in processing an order which is beyond control of the Website or is arising out of Force Majeure events.
Cancellation
  • To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Tumult reserves the absolute right to cancel all past, pending and future orders without any liability. Tumult also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on Website and stock unavailability. We may also require additional verifications or information before accepting any order. We may 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 card has been charged, the said amount will be reversed to your account. Further, in case of suspicious transactions, Tumult reserves the right to inform law enforcement officials and provide them with all transaction details that may be requested for investigation of any illegal activity.
  • If the Product has been manufactured on order or is customized for the User on order, it shall not be eligible for cancellation after confirmation of the order.
  • The User may be considered fraudulent if inter alia any of the following scenarios are met:
    1. Users uses invalid email and phone no.
    2. Users fails to produce adequate documents during the payment details verification
    3. Users refuses to pay for an order
    4. Misuse of another Users's phone/email
    5. Users is involved in the snatch and run for any order
    6. Users doesn't reply to the payment verification mail sent by Tumult
    7. Users returns the wrong product

  • The User may be considered loss to business if any of the following scenarios are met:

    1. User with a very high return rate
    2. Invalid/Incomplete address cases
    3. Repeated request for monetary compensation for petty issues

  • Tumult may cancel any orders that classify as 'Bulk Order' under certain criteria at any stage of the product delivery. An order can be classified as 'Bulk Order' if it meets with the below mentioned criteria, and any additional criteria as defined by Tumult:

    1. Products ordered are not for self-consumption but for commercial resale
    2. Multiple orders placed for same product at the same address, depending on the product category
    3. Bulk quantity of the same product ordered
    4. Invalid address given in order details
    5. Any malpractice used to place the order

  • If a User raises a complaint for partial item/ partial order:

    1. The Users is supposed to claim for pilferage within 48 hours of delivery failing which the claim will not be entertained.
    2. An Email will be sent seeking/providing following information:
      • Short description of the case (A few questions will be asked to help us understand the scenario).
      • The snapshots of the packet and other box(If any)(Try to cover the sides which look tampered/damaged as per the Users)
      • The refund for prepaid orders will be done after investigation
    3. The Users may not be liable for a refund if he/she falls in any of the scenarios stated below:
      • Users fails to provide adequate information about the case
      • Users fails to provide snapshots of the packet and box(if any)
      • If an opened delivery was received, pilferage claims must be made the same day
      • Users must not dispose the packaging for 3-4 days post-delivery. We might need to pick-up your packaging for investigation at our end.
User Conduct and Rules on the Website:
  • You agree, undertake and confirm that Your use of the Website shall be strictly governed by the following binding principles:

  • You shall not upload, modify, publish, transmit, update or share any information which:

    1. belongs to another person and to which You do not have any right to use and share;
    2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, demonstrating hate propaganda, racist, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    3. is misleading in any way;
    4. involves the transmission of junk mails, unsolicited mass mailing or spamming in any manner whatsoever;
    5. promotes illegal activities or conduct that is abusive, threatening, obscene or immoral in any manner;
    6. infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy or rights of publicity;
    7. contains video, photographs, or images of another person (with a minor or an adult);
    8. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users
    9. interferes with another user's use and enjoyment of the Website;
    10. violates any law for the time being in force
    11. 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 cognizable offence or prevents investigation of any offence or is insulting any other nation
  •  A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met: Users doesn't reply to the payment verification mail sent by Tumult
    1. Users doesn't reply to the payment verification mail sent by Tumult

    2. Users fails to produce adequate documents during the payment details verification

    3.  Misuse of another Users's phone/email

    4. Users uses invalid address, email and phone no.

    5. Users returns the wrong product

    6. Users refuses to pay for an order

    7. Users involved in the snatch and run of any order

    8. Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to Tumult

    9. User with a very high return rate

    10. Any malpractice used to place the order