Dear Users, please read and accept the following terms and conditions very carefully before your use of our website www.KIABZA.com. Your use of www.KIABZA.com is a confirmation of your acceptance and compliance with the following terms and conditions (henceforth referred to as "Terms").
We reiterate that by subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services. These Terms and various other policies are binding as per the provisions of the Information Technology Rules, 2011 formulated under the Information Technology Act of 2000.
In these Terms, references to "you", "user" shall mean the end user accessing the Website, its contents and using the Services offered through the Website, "Service Providers" “Logistics Partner” mean independent third party service providers, and "we", "us",“our”, “KIABZA”, and “KIABZA.com” shall mean our Company, KAYMAN VENTURES PRIVATE LIMITED and its affiliates.
The Company may amend the Terms by posting a revised version on the website from time to time. The revised version would be effective from the time we post it on the Site and in the event you continue to use our website you are impliedly agreeing to the revised Terms.
1. General Overview
a) www.KIABZA.com or KIABZA ("Website") is an Internet based content and e-commerce (Online retail) portal owned by Kayman Ventures Pvt. Ltd., a company incorporated under the Indian Companies Act, 2013. KIABZA is an online fashion community that provides users with a platform to buy and sell their new or pre-owned designer merchandise.
b) Use of the Website is offered to you on the condition of your acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. KIABZA at its sole discretion reserves the right not to accept a user from registering on the Website without assigning any reason thereof.
c) The right to use the Site is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of their password(s), if any. The User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the Internet. While it is the Company’s objective to make the Site accessible 24 hours a day, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of the Company, access to the Site may be interrupted, suspended or terminated from time to time. The Company shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Company may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
2. User Eligibility and Website Access
a)Use of the Site is available only to persons who can form legally binding contracts 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, of unsound mind are not eligible to use the Site. If you are a minor i.e. under the age of 18 years, you cannot register as a member of the Site and shall not sell, purchase or bid for any items on the Site. As a minor if you wish to purchase or sell an item on the Site your legal guardian or parents who have registered as users of the Site may make such purchase or sale on your behalf. We reserve the right to terminate your membership and refuse to provide you with access to the Site if it is brought to our notice or if it is discovered that you are under the age of 18 years.
b) We grant 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 our sole discretion) an unreasonable or disproportionately large load on our infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by us to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by us.
3. User Account, Password, and Security
You will be able to generate a password and an account upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify KIABZA of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. (iii) You shall also ensure that you access the website from an authorized source and connection. KIABZA cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
4. Facilities available for Users
KIABZA provides a number of Internet-based facilities/services through its Website, with the core function of the Website being an online retail platform for pre-owned fashion apparels and accessories.
Buyers/Sellers please note the following;
(1) Colors of the Products. While we have made every effort to display as accurately as possible the colors of the products that appear on the Site, we cannot guarantee that your monitor or screen’s display of any color will be completely accurate, as computer monitors and screens of electronic devices vary.
(2) Electronic Communications
When You use the Site or send emails or other data, information or communication to us, You agree and understand that You are communicating with us through electronic records and You consent to receive communications via electronic records from us periodically and as and when required. We will communicate with you by email or by an electronic record on our Site which will be deemed adequate service of notice / electronic record.
5. Buyers on KIABZA
5.1 The Buying Process.
As a buyer you can select any item you wish to purchase and add it to your cart. Once its gets added to your cart you can check out immediately. You can pay by using your Credit/Debit card, wallet or Net banking by clicking on the link of any of our payment gateway partners. If you select a COD (Cash on delivery) method of payment, if applicable to your address pin code, the order will be placed but will not be confirmed immediately. You may first receive a confirmation call from our side seeking further details from you, if needed. However, if you prepay for the item your order would be confirmed immediately once payment is received by our payment gateway partners. On us receiving the payment, you shall receive an email and SMS confirmation from our side of the order placed by you. You are requested to quote the same order number for any future communications between us and we shall also do the same. Before opting for COD, Buyers are requested to check for COD availability for their location by entering theie pin codes in the link provided on the website.
5.2 Pricing of our products.
Our prices (called the KIABZA price) are set taking into consideration the product(s) approximate original price, its brand profile, its condition based on how it has been used and maintained, its fashion quotient, its seasonal applications and its current market demand. Prices and availability are subject to change without any prior notice. The prices mentioned on the Site are not subject to comparison with the same or similar product(s) and/or service(s) available through any online or offline sale. The pricing is subject to our pricing policy and the prices shall be determined only at our sole discretion.While we strive to provide accurate product and pricing information, an inadvertent mistake or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation.
5.3 Cancellation by Us
Please note that there may be certain orders that we are unable to accept and must cancel. 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, inaccuracies or errors in product(s) or pricing information, or any defect regarding the quality of the product(s) or any questions related to authentication. We may also require additional verification's 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/debit card, wallets or Internet Banking has been charged, the said amount will be reversed back to you throough the same payment method as utilized by you. In-case of Cash on Delivery (COD), we hold the right to cancel the order if no verbal or written confirmation is made within 2 calendar days by us after your placing the order at the website.
5.4 Cancellations by the User
In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed by us, we shall cancel the order and refund the entire amount. A request for cancellation of order shall be valid and accepted only till the order has not been shipped. The User agrees not to dispute the decision made by us and accepts our decision regarding the cancellation. Frequent cancellations by any particular User opting COD basis of payment may compel us to bar/blacklist the said User from using the COD option of payment and our decision would stand final. Please refer to our Cancellation policy for further details.
5.5 Fraudulent / Declined Transactions
We may constantly monitor the user's account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing our services fraudulently shall be liable for legal actions under applicable law and we reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such account and dishonor all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds. We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction on Account of the Cardholder/Account holder exceeding their limits or facilities or arrangements with their banks.
5.6 Credit /Debit Card Details
You agree, understand and confirm that the credit/debit card & wallet details provided by you for availing of services on the site will be genuine and authentic and you shall not use the credit/debit card and/or wallet which are not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit/debit card details to our Payment gateway partners. Further you understand and acknowledge that the said information will not be stored or utilized by us in any way whatsoever. We will not be liable for any credit/debit cards, wallets or net banking related fraud. The liability for use of any Cards/Wallers/Net Banking fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
You shall to the fullest extent indemnify and hold harmless the Company, its subsidiaries and affiliates, and their respective officers, directors, shareholders, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.
5.8 Invoicing & Taxation.
The price of our merchandise displayed on the website is inclusive of GST. The GST charged would depend upon the destination where the order has to be shipped and the rate of Tax would depend on the GST tax rate of the item. We reserve the right to collect GST on shipping charges, if shipping charges are levied separately by us. We also reserve the right to claim from the Buyer any Entry levies/charges paid by us for delivering the order.
We would strive to deliver the products to Users within 3-5 working days from the day of close of sale depending upon the shipping location. However, the exact delivery status would depend on the user’s location. The delivery time to Users is subject to the Logistic infrastructure at their location. Other factors include delay in delivery through the courier partner, transporters ’strike etc. We would require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a third party recipient for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by us of our obligation, and transfer of responsibility in the same way. We are not responsible for any delays caused by third party delivery agencies and/or due to time required for statutory clearances during the delivery process. There would be a declaration on the delivery document that you are buying the goods for your own use and not for resale, which you would have to agree to.
Further, we may at times be unable to deliver the confirmed order(s) to you and the reason for the same could be inclusive of but not limited to the following:
(i) unavailability of the relevant product;
(ii) poor/improper/defective quality of the relevant product ascertained through our quality audit process; and,
(iii) inaccuracies or errors in product or pricing information. In the event of any circumstance(s) as aforementioned; you shall not be entitled to any damages or monetary compensation.
In the event we are unable to deliver the confirmed order(s) as mentioned herein above and the payment for such order(s) has been made by you through your credit/debit card, wallet or internet banking, the amount paid by you while placing the order(s) on the Site will be reversed back to you through the same payment method as utilized by you. No refunds shall be applicable on the orders made by the Users under the Cash on Delivery (“COD”) option.
(iv) If your order is received at the end of the day, your order shall be processed on the next working day. If your order is received on the weekend (Saturday & Sunday) or on a holiday in the state of Maharashtra, your order shall be processed on Monday or on the next working day, accordingly.
5.10 Returns & refunds
We have a separate policy for Cancellations, Return and Refunds. Click here to refer to the same
6. Sellers on KIABZA
6.1. Eligible and Ineligible Activities
Sellers may send us all kinds of pre-owned clothing on KIABZA, refer to .
Sellers are prohibited to make use of KIABZA.com for the following activities:
6.2. Sellers compliance
By agreeing to send your item for sale on KIABZA.com you warrant that you shall comply with KIABZA’s policies published from time to time. You also warrant that you are the owner to legally sell the item.
6.3. Binding Sale
All sales are binding. Once the item has been approved & uploaded on KIABZA on receiving seller’s consent, the sellers cannot then demand that they wish to retract the offer and rescind the offer to sell.
6.4. Selling terms.
Our goal is to sell your product quickly while bringing the best value within the pre-owned market. The Seller makes his/her product(s) available to KIABZA. The Seller will ensure that the products are insured from all risks of fire, accidental damage or breakage, any acts of nature resulting or any damage to the products until the products are delivered to KIABZA at the contracted shipping address. The Seller retains all risk of loss or damage to the Property while the Property is in transit. All risk of loss or damage of the Product(s) will pass to KIABZA only when the Product(s) are in KIABZA’s physical possession.
(1). Acceptance of product, condition of product and authentication.
KIABZA only accepts items of a certain standard i.e. reasonably good to excellent condition. Upon receipt, we evaluate the product to determine its condition authenticity and quality. The Seller attests to the authenticity of all agreed upon items and confirms that they have not knowingly attempted to resell counterfeit products to KIABZA. Products deemed to be counterfeits will be returned to the Seller with the charges of authentication, shipping costs and also it will terminate the contract between the Seller and KIABZA. Items that do not meet our authenticity or quality standards, or which are not included in our APPROVED BRAND LIST will not be accepted and will be returned to Seller at his cost. The Seller will, be given the option to donate the non-approved products to one of our charity partners.
Reasons for not approving the products may be;
(2). Selling & Pricing
Upon acceptance of the Product, KIABZA will display and make commercially reasonable efforts to sell the Product at the agreed Prices. Extensive efforts are put to sell the product like Quality Checks, Photo Shoots, Hygiene process and media advertisements. KIABZA would endeavour to list as many of Sellers clothes as possible provided it meets its overall quality standards. Therefore, KIABZA may try and rectify any minor stain defects in the clothes at its discretion through the sanitization process. However, in doing so, if the clothes get inadvertently/accidentally damaged in the process, KIABZA would not be held responsible.
The Seller acknowledges and agrees that KIABZA will display all attributes of the sold product(s) in the manner it deems fit. The price of approved clothing is defined by Kiabza and agreed to by the seller, KIABZA reserves the right to retain the product for minimum 6 months from date of listing on the website and discount it as required up to 50% over the retention period. The Site reserves the right to run promotions on its website and by other means and to offer cash or trade discounts to its buyers/customers at its sole discretion. The Seller acknowledges and agrees that Products may be advertised, displayed and sold with items belonging to other Sellers. Incase of no sale within the the agreed retention period of the product, several efforts can be put for the products promotion, which may include reduction of price, if agreed to by the Seller.
The Seller acknowledges and agrees that the pricing of the product(s) (called the KIABZA price) will be set taking into consideration the product(s) approximate original pricre, its brand profile, its condition based on how it has been used & maintained, its fashion quotient, its seassonal application and its current market demand
(3). Title of Property/Product.
The Seller attests that they have the legal title to all the products sent by them to KIABZA. Please note Shipment does not mean sale of the product. The Seller legally gives the rights to KIABZA to sell their product. The legal ownership of the product is transferred to KIABZA only on the day the product is accepted by the buyer of KIABZA.The Seller is notified only after 2 working days of the receipt of goods by the buyer, this is the time allowed to the buyer to return the product. Please note that in case of no sale in the agreed Shipment period, KIABZA may extend the period for a further period as agreed with the Seller or give an option to the Seller to either call back the product or donate the same to one of KIABZA’s Charity partners.
(4). Duration of Contract & Termination
The Shipment period of a product is minimum 6 months from the date the product is listed on the website. The same may be extended if its mutually acceptable to both the parties.
KIABZA shall notify theSeller(After 2 Days) once his/her products are sold. KIABZA shall transfer the payout, which will be the Kiabza price of the product(s) less Discounts, our margins and taxes, in the form of KIABZA credit points under Seller's 'My Account' on KIABZA within 2 to 3 days of the sale. The Seller can request for a withdrawal of his/her KIABZA credit point to his/her Bank Account by providing his/her Bank details for online transfer. The payout amount cannot be withdrawn in Cash.
Transfer of Product(s) for Sales may attract GST which will be paid as per statute.
8. User Warranty and Representation
The user guarantees, warrants, and certifies that you are the owner of the content which you submit and are authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name, service mark, and copyright formerly or currently used by you in connection with the services rendered by KIABZA.
9. 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, KIABZA.com 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 KIABZA.
10. Links To Third Party Sites
Due to social media integration, the Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of KIABZA, and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. KIABZA is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. KIABZA would only be providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
11. Disclaimer Of Warranties/Limitation Of Liability
KIABZA has endeavored to ensure that all the information on the Website is correct, but KIABZA neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, Product or Service. In no event shall KIABZA be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages or losses resulting from: (a) the use or the inability to use the Services or Products; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, loss through logistics, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall KIABZA be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, KIABZA shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond KIABZA's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
12.1. In addition to any other indemnification obligation of the Seller in this Agreement, the Seller shall indemnify and hold harmless KIABZA, its affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives from and against any Claim incurred by reason of (i) any breach or alleged breach by the Seller of this Agreement; (ii) any violation by the Seller of Applicable Law or Consents or Seller not obtaining any Consent; (iii) any breach by the Seller of any Policies or any other policies; (iv) any infringement and passing off of Intellectual Property Rights of any third party; (v) Your breach of legally binding product and / or public liability; (vi) the Products or the content of the Products; or (viii) any cheating, misappropriation, fraud or illegal activity of Seller or any of its employees or representatives.
12.2. You shall be under an obligation to ensure that KIABZA is not made a party to any third party Claims and shall promptly and unilaterally take adequate steps to absolve KIABZA from any liability of any nature whatsoever, either present or anticipated.
12.3. KIABZA shall be entitled to off-set an amount which in its reasonable estimation is required to safeguard its interests or comply with statutory directions / instructions or to cover losses, damages, liabilities, penalties or Claims or towards the indemnification obligation of the Seller herein contained.
13. Force Majeure
Neither you nor KIABZA will be deemed to have any liability whatsoever to the other or to any third party for any failure of performance hereunder occasioned by an act of God, force of nature, war or warlike activity, insurrection or civil commotion, labor dispute, transportation delay, governmental regulatory action whether or not with proper authority or other cause similar or dissimilar to the foregoing and beyond its reasonable control, provided the affected party gives prompt notice to the other party.
a) KIABZA may suspend or terminate your use of the Website including deleting your Account or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.
b) If you or KIABZA terminates your use of the Website or any Service, KIABZA may delete any content or other materials relating to your use of the Service and KIABZA will have no liability to you or any third party for doing so.
15. Governing Law
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts in MUMBAI.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
18. Report Abuse
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to email@example.com
19. Grievance Officer:
In compliance with Information Technology Act, 2000 and the rules made there under, the Grievance Officer of KIABZA for the purpose of this Agreement shall be MR. MIRZA ALI ASGAR with email address firstname.lastname@example.org. KIABZA may change the aforesaid details from time to time.If you have any questions or comments about these Terms of Service or this Site, please contact us by email at email@example.com