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GENERAL TERMS AND CONDITIONS OF SALE
Terms and Conditions
1. Scope of Application
1.1 These general terms and conditions of sale (the “General Terms and Conditions”) apply to all sales contracts entered into between Pashmirah, a company registered in India with its principal place of business in Delhi, and the customer, identified as a consumer under applicable consumer legislation (the “Customer”). Pashmirah and the Customer are hereinafter jointly referred to as the “Parties” and individually as a “Party.”
1.2 The Customer must carefully read and accept (by clicking on the appropriate checkbox in the shopping cart checkout phase) these General Terms and Conditions. By accepting the General Terms and Conditions, the Customer agrees to comply with their provisions. If the Customer does not accept the General Terms and Conditions, they may not purchase products from Pashmirah. The Customer is encouraged to print and save a copy of the General Terms and Conditions for future reference.
1.3 The General Terms and Conditions govern the manner in which Pashmirah sells its products, which include handcrafted and handwoven pashmina shawls, stoles, scarves, bespoke sarees, pashmina shawls for men, baby blankets, snugs, and pocket squares with hand embroidery (collectively, the “Products”), via the e-commerce website www.pashmirah.com (the “Website”). As these are handmade items, slight variations or imperfections may be present, which are a testament to their artisanal craftsmanship.
1.4 The General Terms and Conditions do not govern the provision of services or the sale of products by third parties that may be present on the Website through links, banners, or other hypertext links.
1.5 Pashmirah can always be contacted at info@pashmirah.com.
1.6 Purchasing Products through the Website is strictly reserved for individuals who have the legal capacity and have reached the legal age in their country of residence.
2. Conclusion of the Agreement
2.1 The submission of a purchase order by the Customer (the “Order”) constitutes acceptance of the offer to the public made by Pashmirah through the Website. Receipt of the Order by Pashmirah constitutes the conclusion of a binding sales contract with respect to the Products selected by the Customer, which shall be entirely governed by the General Terms and Conditions in force at the time of its conclusion (the “Agreement”).
2.2 Before confirming and submitting the Order, the Customer must review the summary to ensure that the selected Products and all provided data are correct (for example, the Customer may modify the quantity of Products they wish to purchase by adding or removing items from the virtual shopping cart).
2.3 Once the Order has been received, Pashmirah will send the Customer an email confirming receipt of the Order, containing the Order number and details of the Order placed (“Order Confirmation”).
2.4 Subsequently, Pashmirah will confirm to the Customer that the Order is being shipped (“Shipment Confirmation”), with timing dependent on the type of shipment selected by the Customer.
2.5 The Customer must retain the Order number provided in the Order Confirmation for access to after-sales assistance and for any other communications with Pashmirah.
3. Product Availability
3.1 Pashmirah constantly monitors and updates the stock availability of the Products displayed on the Website. Nevertheless, since the Website may be visited simultaneously by various Customers, it is possible that more than one Customer intends to purchase or purchases the same Product at the same time. In such cases, the Product may appear available for a short time while actually being out of stock or no longer available. If a Product is unavailable for these reasons or in other cases of unavailability, Pashmirah shall contact the Customer promptly and in any event within 5 (five) business days at the contact details provided by the Customer.
4. Purchase Procedure
4.1 To purchase a Product through the Website, the Customer may create and/or access their account through the reserved area on the Website or place the Order as a guest without creating an account (“guest” mode). If the Customer makes a “guest” purchase, they must correctly fill in the fields of the relevant form on the Website, entering all the required data (e.g., first name, last name, billing and delivery address, email address, and telephone number) necessary to complete the purchase.
4.2 The description and essential characteristics of the Products, including details of craftsmanship, material composition, fit, colors, and sizes (where applicable), are presented on the Website within each product listing, accompanied by one or more digital photographic images. While Pashmirah ensures that these images accurately depict the original products, slight variations in color or texture may occur due to differences in device screens or browsers. As Pashmina products are handmade, natural variations in weave, embroidery, or finish are to be expected and are a hallmark of artisanal craftsmanship. Pashmirah is not liable for any minor discrepancies in graphic representations of the Products displayed on the Website due to these technical and artisanal factors.
4.3 Without prejudice to Orders already placed and Agreements already entered into, Pashmirah reserves the right to remove or discontinue any Product from the Website at any time, for reasons including but not limited to inventory availability, seasonal collections, or design updates.
4.4 To place an Order, the Customer selects the Products they are interested in and adds them to the virtual shopping cart.
4.5 Before completing the purchase, the Customer must verify that the contents of the shopping cart are correct and may enter any promotional code in the designated field. If valid, the promotional code will be applied to the total amount displayed in the cart. The Customer will then be required to select a payment method, enter the billing address, choose a shipping method, and specify a shipping address if different from the billing address.
4.6 By placing the Order—after accepting the General Terms and Conditions—and clicking on “Pay Now” or the equivalent confirmation button, the Customer expressly acknowledges and accepts the payment obligation. Once the Order is placed, the total price of the selected Products will be charged to the Customer using the chosen payment method.
5. Price and Payment Methods
5.1 The price of the Products indicated on the Website (the “Price”), expressed in Indian Rupees (INR) or other applicable local currencies, is inclusive of all applicable taxes and charges. Shipping costs are included in the Price unless otherwise specified on the Website and communicated to the Customer at checkout (e.g., in cases where an expedited shipping method is available and selected by the Customer).
5.2 Pashmirah reserves the right to modify the Price at any time, without prejudice to Orders already placed and Agreements already entered into.
5.3 The available payment methods for the Price and any applicable shipping costs, depending on the country, include:
(i) Credit and debit cards (Visa, Mastercard, American Express, RuPay, and others as applicable);
(ii) Digital payment platforms such as UPI, Google Pay, and Paytm (where available);
(iii) International payment options such as PayPal, Apple Pay, and Alipay (for eligible regions);
(iv) Any other payment methods explicitly listed on the Website at the time of purchase.
5.4 Payment processing is handled by third-party payment service providers. Depending on the payment method selected, additional authentication may be required by the card issuer or banking institution (such as “Verified by Visa” or “MasterCard SecureCode”). Pashmirah is not liable for payment failures due to technical issues, lack of connection, or interruptions in banking services, including cyberattacks or security breaches affecting third-party payment processors.
5.5 Pashmirah will perform a standard pre-authorization through the selected payment provider. If, for any reason (e.g., incorrect or insufficient payment details), the transaction cannot be processed, the Order will be automatically canceled, and no Agreement will be formed. Pashmirah will have no delivery obligation, and the Customer will not be entitled to any compensation or indemnity due to non-processing of the payment.
5.6 Invoices or relevant tax documents for the purchase of Products will be sent via email to the Customer. The invoice details will be generated based on the information provided by the Customer at the time of purchase, and once issued, the invoice cannot be modified.
5.7 Pashmirah may, at its discretion, offer installment payment options through third-party payment providers. If available, the specific terms and conditions for such installment plans will be outlined on the Website at the time of purchase.
6. Shipping and Delivery
6.1 The purchased Products will be delivered to the Customer at the shipping address provided in the Order.
6.2 Shipping costs and delivery times depend on the shipping method selected by the Customer during checkout and are specified in the Order. The available shipping options may vary depending on the delivery location. In certain regions, the Customer may have the option to choose between standard and express shipping, as detailed on the Website at checkout. More information on shipping costs and estimated delivery times can be found here.
6.3 The delivery timelines provided on the Website are indicative. However, in all cases, Pashmirah will ensure that delivery is completed within acceptable industry standards. Once the Shipment Confirmation is received, the Customer can track the status of the shipment using the tracking number provided, either through their account on the Website or directly on the courier’s website.
6.4 Upon delivery of the Products, the Customer (or an authorized representative) must verify:
(i) that the recipient’s details on the delivery receipt are correct; and
(ii) that the packaging and seals remain intact.
6.5 If the packaging is damaged, seals appear tampered with, or there are discrepancies in the recipient’s details or accompanying documentation, the Customer must note these issues in writing on the courier’s delivery receipt (signed subject to inspection).
6.6 Orders containing multiple Products may be shipped in separate deliveries.
7. Risks and Ownership
7.1 Ownership of the Products is transferred to the Customer only upon full payment of the Price and any applicable shipping costs. Until the Products are delivered to the Customer, the risk of loss or damage remains with Pashmirah or the designated courier.
8. Customisation and Pre-orders
8.1 Pashmirah offers the possibility of:
(i) Customizing certain products, such as adding monograms or personalized embroidery; and/or
(ii) Pre-ordering products that are not yet in stock.
8.2 When using the customization service, the Customer may select available customization options as provided by Pashmirah. Customization requests beyond the offered options will not be accepted.
8.3 The customization selected by the Customer on the Website is saved only for the duration of the session. If the session is interrupted before completing the Order, the Customer must restart the customization process.
8.4 Products that are not yet available in stock may be previewed and pre-ordered on the Website. Pre-ordering allows the Customer to reserve products that are in production or expected to arrive in stock soon.
Pre-ordered Products follow the same purchase process as standard Orders. Once a Pre-Order is placed, Pashmirah will confirm availability and provide a notification with shipping and delivery details (the “Pre-Order Confirmation”). The delivery timeline outlined in Section 6 begins from the date of the Pre-Order Confirmation.
The Price of the Pre-Ordered Product is charged at the time of purchase through the payment method selected by the Customer. By clicking “pay now,” the Customer expressly acknowledges and accepts the payment obligation.
8.5 If a pre-ordered Product becomes unavailable due to production constraints, stock limitations, or other commercial reasons, Pashmirah will notify the Customer promptly and issue a full refund of the Price paid without undue delay.
9. Warranty and Product Conformity
9.1 Products purchased through the Website are covered by a legal warranty of conformity in accordance with applicable consumer protection laws (the “Warranty”).
9.2 Pashmirah guarantees that all Products meet the highest standards of craftsmanship and conform to the Agreement. If a Product is found to be defective or does not match the described characteristics, the Customer must promptly notify Pashmirah via the contact form or customer service details provided on the Website.
9.3 If a Product is deemed defective or non-conforming, the Customer is entitled to request a repair or replacement at no additional cost, unless such a remedy is objectively impossible or disproportionately costly. Pashmirah will undertake the repair or replacement within a reasonable timeframe upon notification of the issue.
9.4 If repair or replacement is not feasible or would impose an excessive burden, the Customer may request a reasonable reduction in the Price or a full refund, except in cases of minor defects.
9.5 The Warranty does not apply in the following cases:
(i) Absence of proof of purchase;
(ii) Damage, alteration, or improper use of the Product by the Customer or a third party;
(iii) Removal of original labels, missing components, or accessories.
9.6 Pashmirah will cover the costs of returning defective or non-conforming Products for repair or replacement, as well as the shipping costs for delivering the repaired or replacement Product to the Customer.
10. Force Majeure
10.1 Pashmirah shall not be liable for any failure or delay in the performance of its obligations under the Agreement and/or these General Terms and Conditions caused by events beyond its reasonable control, including but not limited to strikes, lockouts, industrial actions, civil unrest, invasion, terrorist threats or attacks, wars (declared or undeclared), fires, explosions, storms, floods, earthquakes, subsidence, epidemics, pandemics, or other natural disasters. This also includes transportation disruptions, telecommunication failures, and any acts, decrees, regulations, or restrictions imposed by governments or public authorities (“Force Majeure”).
10.2 In the event of Force Majeure, Pashmirah’s performance of contractual obligations may be suspended for the duration of the Force Majeure event.
11. Intellectual Property
11.1 Pashmirah guarantees the authenticity and exceptional quality of all Products offered for sale through the Website. All intellectual property rights—including but not limited to the “Pashmirah” trademarks, both word and figurative, as well as rights related to the design, accessories, and packaging—are and remain the exclusive property of Pashmirah.
11.2 The Customer does not acquire any rights to Pashmirah’s intellectual property by purchasing a Product or engaging with the Website. Any total or partial reproduction, modification, alteration, or unauthorized use of Pashmirah’s intellectual property without prior written consent is strictly prohibited.
12. Personal Data Protection
12.1 The Customer’s personal data, collected during the conclusion or performance of the Agreement, will be processed solely in accordance with Pashmirah’s Privacy Policy, available [here].
12.2 In compliance with the Privacy Policy, the Customer’s personal data (including those contained in communications via email or other messaging channels) will be processed only for the duration necessary to fulfill the purposes for which they were collected. Such data will be retained for the entire contractual period and, after its termination, for the duration permitted by applicable statutory limitations.
13. Communication and Notices
13.1 For any inquiries, the Customer may contact Pashmirah’s Customer Service through the contact form available on the Website or via email at [insert email].
13.2 Pashmirah aims to respond to Customer inquiries as promptly as possible through the preferred contact channel selected by the Customer or an alternative address provided in the Order. Any correspondence sent to unlisted contact details or through unauthorized communication channels will not be considered valid or acknowledged.
14. Changes and Updates
14.1 Pashmirah reserves the right to periodically review and amend these General Terms and Conditions to reflect changes in market conditions, technological advancements, payment methods, applicable regulations, and system capabilities.
14.2 Each Agreement will be governed by the General Terms and Conditions in force at the time of its conclusion. Any changes or updates will be published on the Website and/or notified to the Customer and will take effect immediately for Orders placed thereafter.
15. Miscellaneous Provisions
15.1 Failure to exercise or a delay in exercising any right under the Agreement and/or these General Terms and Conditions shall not constitute a waiver of that right.
15.2 If any provision of these General Terms and Conditions is found to be invalid, ineffective, or unenforceable for any reason, that provision shall be deemed severed from the General Terms and Conditions, and the remaining provisions shall remain valid and enforceable.
15.3 The Agreement is binding on both Parties and their respective successors and assigns. Pashmirah may transfer, assign, subcontract, or otherwise dispose of the Agreement or any of its rights or obligations under it at any time, provided that the Customer’s rights under the Agreement remain protected at a level at least equal to that originally guaranteed.
16. Applicable Law and Jurisdiction
16.1 These General Terms and Conditions and the individual Agreements shall be governed by and construed in accordance with the laws of India.
16.2 Any disputes arising in connection with these General Terms and Conditions and/or individual Agreements shall be subject to the exclusive jurisdiction of the courts in Delhi, India.
16.3 In accordance with the Consumer Protection Act, 2019, Customers may also seek resolution through consumer dispute redressal forums established under the Act.
Use of the Website
Use of this website (the "Site"), owned by Pashmirah, is subject to the following legal terms.
1. Intellectual Property
1.1 Copyright and all other intellectual property rights, including trademarks, names, and logos displayed on this Site (the “Trademarks”), are the exclusive property of Pashmirah and/or its licensors. Except as expressly set out below, all rights are reserved.
1.2 Content included on the Site may be accessed for personal, non-commercial use only. You may not copy, perform, publish, modify, transfer, create derivative works from, commercially exploit, or otherwise use, in whole or part, any content, software, products, or services obtained from this Site.
1.3 You may not delete or alter, in part or whole, any copyright, trademark, intellectual property, or other legal notices from any part of this Site.
2. Site Access & Security
2.1 You must keep any password assigned to you strictly confidential and not disclose it to any third party. Unauthorised use of this Site, including but not limited to, unauthorised access, misuse of passwords, or misuse of any information, is strictly prohibited.
2.2 You may not:
- Use this Site in any manner that could damage, disable, overburden, or impair it or interfere with another user’s access.
- Attempt to gain unauthorised access to the Site, its systems, or networks through hacking, password mining, or other means.
- Use this Site to engage in or encourage illegal activities, including inserting, transmitting, or distributing viruses, corrupt data, or unsolicited promotional materials (“spam”).
- Use any of the Trademarks as meta tags or for any purpose without prior written consent from Pashmirah.
- Link any part of this Site to or from any other websites without prior written authorisation from Pashmirah.
3. Legal Compliance & Termination
3.1 By accessing this Site, you represent and warrant that you are legally entitled to do so and will comply with all applicable laws and regulations. Pashmirah reserves the right to terminate your access to the Site at any time without notice.
Disclaimer
The content on this website (the "Site") is provided on an "as is" basis. Pashmirah makes no warranties, express or implied, and does not guarantee that the content on this Site is complete, accurate, or up to date. Pashmirah reserves the right, at its sole discretion and without obligation or prior notice, to change, alter, or edit any content on this Site.
1. Limitation of Liability
1.1 Pashmirah shall not be liable for any damages, including but not limited to:
(i) loss of profits, business, or anticipated savings;
(ii) loss of goodwill, reputation, or data;
(iii) indirect, incidental, special, or consequential damages.
This applies whether such damages arise in contract, tort (including negligence) or otherwise, except in cases of fraud or death or personal injury caused by Pashmirah’s negligence.
2. Fraud Prevention & Data Use
2.1 By using this Site, the Customer agrees that Pashmirah may process personal information to conduct fraud prevention and verification checks. Such information may be shared with credit reference or fraud prevention agencies, which may retain records of this data. For more details, please refer to the Privacy Policy.