The domain http://www.fiestaresortwear.com including any web-pages thereof is the web-site (“Website”) of Fiesta Resortwear (hereinafter “Fiesta Resortwear”, “we”, “us” or “our”) having its registered office at Pali Hill, Mumbai.
Please also read Terms and Conditions (“Terms”) and other policies as set out on the website before proceeding to place an order. By placing a purchase order, it shall be deemed that you have read the Terms and Conditions and other policies including this policy and the same are acceptable and binding upon you.
Invitation of offer and Acceptance of Offer:
All products and information displayed on the website of Fiesta Resortwear (http://www.fiestaresortwear.com) is an invitation to offer and not an offer. Your order for purchase of any products constitutes your offer which shall be subject to Terms and the terms as listed in this policy and Fiesta Resortwear (http://www.fiestaresortwear.com) reserves the right to accept or reject your offer in part or in full.
Acceptance of your order for purchase by Fiesta Resortwear (http://www.fiestaresortwear.com) will take place upon dispatch of the product(s) ordered. For avoidance of doubt, no act or omission by Fiesta Resortwear (http://www.fiestaresortwear.com) prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.
Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by Fiesta Resortwear (http://www.fiestaresortwear.com) and the balance would continue to be an offer to Fiesta Resortwear (http://www.fiestaresortwear.com) and Fiesta Resortwear (http://www.fiestaresortwear.com) reserves the right to accept or reject such balance order.
We may also require additional verifications or information before accepting any order. If you have provided us with your contact details such as mobile number, phone number or e-mail address, we will call you or send you an e-mail or use any other mode of communication for obtaining additional information from you to confirm your order.
Fiesta Resortwear (http://www.fiestaresortwear.com) may either call you or send an e-mail or through any other mode of communication notify you, as soon as possible, the (i) receipt of your order; or (ii) confirm dispatch of product(s) and acceptance of your order. Fiesta Resortwear (http://www.fiestaresortwear.com) shall also notify you by way of a call, sms, whatsapp or email about the order being dispatched by our vendor/ vendors.
With respect to product(s) sold on the website, we receive payment from you before your order has been shipped. If, for any reason, we are unable to deliver you the product(s), as per your order, we will inform you about the same. Typically orders are attempted twice. We may trigger the order to be delivered to our registered office in Mumbai, if the paid order delivery is unsuccessful, post which You (the user) shall be responsible for paying for the delivery of the product to you, before we can redispatch.
Fiesta Resortwear (http://www.fiestaresortwear.com) processes one shipping address per order. Therefore, if you would like to order several items and have these items shipped to different people, Fiesta Resortwear (http://www.fiestaresortwear.com) will treat each shipping address as separate orders, and therefore you will be required to order these items individually.
Any coupon code can only be used once by one user. Coupon code will not be valid on discounted products. Coupon codes cannot be clubbed with existing offers, wallet or discounts.
Exactness not Guaranteed:
Fiesta Resortwear (http://www.fiestaresortwear.com) hereby disclaims any guarantees of exactness as to the finish or appearance of the product/merchandise as ordered by you by any of our suppliers, vendors or contractors.
There is also a possibility that you may need to alter the merchandise to ensure that it properly fits you due to variation in the size of the merchandise that may vary from one brand to another.
Fiesta Resortwear (http://www.fiestaresortwear.com) endeavours to provide you merchandise which is of the latest fashion only. Fiesta Resortwear (http://www.fiestaresortwear.com) does not take any guarantee that the merchandise will meet your expectation as many of these merchandises are factory made and are sourced from different locations across the world. There may be variations in each piece.
The graphical display i.e. visuals of the products/merchandise would be dependent upon the configuration of your computer resource. Fiesta Resortwear (http://www.fiestaresortwear.com) does not guarantee that the colour of products/merchandise displayed on the website in your computer resource accurately represents the actual product/merchandise. There is also a possibility that the quality of any products purchased or obtained by you through the Website may not meet your expectations.
Fiesta Resortwear (http://www.fiestaresortwear.com) expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product information and/or specifications) on the Website.
While we have taken precautions to avoid inaccuracies in content; the details of the products, including audio, video, written content and related graphics are provided as is to us, from various vendors, around the world, without warranty of any kind. Fiesta Resortwear (http://www.fiestaresortwear.com) is not obligated to provide any physical preview of the object either before or after the sale.
Limitation of Liability:
Fiesta Resortwear (http://www.fiestaresortwear.com) is not liable to compensate you if the quality of any products/merchandise purchased by you through the Website did not meet your expectations.
You cannot ask from Fiesta Resortwear (http://www.fiestaresortwear.com) any special, incidental, indirect or consequential damages or compensation of any kind, for any reason, including but not limited to:
Any variation in the finish or appearance of the final product/merchandise;
Any reason why the customer (you) find the end product to be unsuitable, or not to your liking or not fitting your needs
Any delay in deliveries for any reason whatsoever
Any incorrect information written about the product
Any missed opportunities to avail certain discounts;
Any issue with courier companies or our delivery partners or their personnel;
Any gift/discount voucher which got deactivated upon reaching the expiry date;
Unavailability of items which you tried to purchase etc.
Pricing:
Fiesta Resortwear (http://www.fiestaresortwear.com) will endeavour to provide you with the best prices possible on products and/or merchandise. Fiesta Resortwear (http://www.fiestaresortwear.com) does not guarantee that the price will be the lowest in the territory from where you are placing the purchase order.
The pricing is subject to Fiesta Resortwear (http://www.fiestaresortwear.com) internal pricing policy and the prices shall be determined only at the sole discretion of Fiesta Resortwear (http://www.fiestaresortwear.com). Thus the prices are subject to change at any time, without any notifications. Further the prices and availability of product(s)/merchandise(s) are liable to change without any prior notice from Fiesta Resortwear (http://www.fiestaresortwear.com).
All references to ‘Rupee/INR’ on the Website refer to Indian currency. Prices mentioned on the Website for domestic sale i.e. sale of product(s) within India may be different from the prices of similar products intended for international sale i.e. outside India.
Unless otherwise mentioned, the price displayed on the Website for any product(s) in INR represents the full price of the product(s) to be shipped in India. The full prices means the price of the product including the cost for the exporter to ship to India. All our deliveries are undertaken on a DDU (Delivery Duty Unpaid) basis, which means product prices displayed are exclusive of all import duties, custom fees and local taxes. As the recipient of the product, you are liable for all import duties, customs fees, local taxes levied by the country. Payment of these taxes or duties is necessary for delivery of product(s). We are unable to advise what amount this would be as duties vary from country to country.
These prices do not include possible custom fees, import duties, taxes and levies which would be extra. It may be noted that in case of imports to India sale (s) , Fiesta Resortwear (http://www.fiestaresortwear.com) cannot provide the quantum of any custom fees, import duties, taxes and levies. Since our suppliers are all over the world, the end customer who orders who our website i.e Fiesta Resortwear (http://www.fiestaresortwear.com), although located in India will be responsible for the import and therefore for paying any custom fees, import duties, taxes and levies which would be the result of the order placed, directly to the government as directed by their home country, Fiesta Resortwear (http://www.fiestaresortwear.com) will also not be liable to pay any custom fees, import duties, taxes and levies which would be the result of the order placed from our international customers. Our international customers will also receive their products as duty duly unfulfilled, as stated above, and therefore shall also be liable for the import of their own products and (you) the international customer shall be liable to pay any custom fees, import duties, taxes and levies which would be the result of the order placed, directly to the government as directed by their home country, in their own country. Fiesta Resortwear (http://www.fiestaresortwear.com) shall not be held liable for the same.
We, Fiesta Resortwear (http://www.fiestaresortwear.com) does deliver all over the world, however, since we are located in India, most of our orders are by way of import sales. If you are an international customer, please note, we can ship to you across the globe from all our catalogues EXCEPT India Wear (i,e Kurtis, Indian Wear and Wedding Wear). All the other products except for India Wear (i,e Kurtis, Indian Wear and Wedding Wear) at the (http://www.fiestaresortwear.com) are sourced from international suppliers, and these are subject to additional duties and customs, you (the customer) shall be responsible for the import and therefore for paying any custom fees, import duties, taxes and levies which would be the result of the order placed, directly to the government as directed by their home country, Fiesta Resortwear (http://www.fiestaresortwear.com) cannot be held liable for the same.
Mispricing or Non-availability:
The data/product(s) made available through the Website may include inaccuracies or typographical errors including but not limited to the description of the product(s), the availability of product(s) or the pricing of the product(s). These inaccuracies or discrepancies may go unnoticed until after you have placed the order. If we discover a mispricing, we will do one of the following:
If the actual price of the product(s) is lower than the price mentioned or listed on the website, Fiesta Resortwear (http://www.fiestaresortwear.com) will charge the lower amount and ship you the product(s). In such cases, Fiesta Resortwear (http://www.fiestaresortwear.com) will refund the excess amount charged.
If the actual price of the product(s) is higher than the price mentioned or listed on the Website then unless the product(s) has already been dispatched, Fiesta Resortwear (http://www.fiestaresortwear.com) shall at its sole discretion inform you by e-mail/call/letter about the correct price and seek instructions from you as to whether you would like to cancel your order or pay the balance amount. If you elect to cancel the order, Fiesta Resortwear (http://www.fiestaresortwear.com) shall, refund the payment made by you. However if you elect to pay the differential amount, Fiesta Resortwear (http://www.fiestaresortwear.com) shall process your order;
Fiesta Resortwear (http://www.fiestaresortwear.com) may refuse and cancel orders placed by you due to non-availability of product and inform you about rejection of your order. Fiesta Resortwear (http://www.fiestaresortwear.com) in this case we will refund you the payment made by you;
With respect to reversal/refund of any payment by Fiesta Resortwear (http://www.fiestaresortwear.com) under Section 7(b), Section 7(c) and Section 7(d), Fiesta Resortwear (http://www.fiestaresortwear.com) will give necessary instructions to the payment gateway within 5 working days. It is pertinent to note that the payment gateways may take upto a month to credit such amount to your account.
Non-acceptance or Cancellation of order:
Non-acceptance of order by Fiesta Resortwear (http://www.fiestaresortwear.com):
Fiesta Resortwear (http://www.fiestaresortwear.com) may not be able to accept certain purchase orders. Fiesta Resortwear (http://www.fiestaresortwear.com) reserves the right, at its sole discretion, to refuse or reject your offer to purchase for any reason including but not limited to:
Limited inventory/quantities of product(s) available for purchase; or
Inaccuracies or errors in description of product or pricing information; or
Any defect found in the quality of the product; or
Non-receipt of additional information requested by Fiesta Resortwear (http://www.fiestaresortwear.com); or
Non-receipt of payment from credit card/debit card/bank due to insufficient funds; etc.
Fiesta Resortwear (http://www.fiestaresortwear.com) will contact you if all or any portion of your order is cancelled. If your order is cancelled after receipt of payment from you, the said amount will be refunded.
Fiesta Resortwear (http://www.fiestaresortwear.com) shall not be liable to you for any direct or indirect, punitive, incidental, special, consequential or exemplary loss suffered by you due to non-acceptance of your offer to purchase the products or delay in refund of your money or delay in informing you about non-acceptance of your order.
Cancellation of order by you:
After placing an order, you can cancel the order within 12 hours of placing such order, unless the order has been processed by us. You are not allowed to cancel the same after 12 hours of placing such order. However, in case Fiesta Resortwear (http://www.fiestaresortwear.com) receives any requests for cancellation of any order beyond 12hours, Fiesta Resortwear (http://www.fiestaresortwear.com) reserves the right to accept or reject request for order cancellations for any reason. If you have placed the order as a:
For cancellation of orders, you are requested to contact us by phone or whatsapp
As part of usual business practice, if Fiesta Resortwear (http://www.fiestaresortwear.com) receives a cancellation notice within 12 hours of placing the order, Fiesta Resortwear (http://www.fiestaresortwear.com) shall refund the entire amount, unless the order has been processed.
As part of usual business practice, if the order has not been processed/approved by Fiesta Resortwear (http://www.fiestaresortwear.com), Fiesta Resortwear (http://www.fiestaresortwear.com) reserves the right to cancel the order and refund the entire amount back to you.
In case the order has been approved by Fiesta Resortwear (http://www.fiestaresortwear.com), Fiesta Resortwear (http://www.fiestaresortwear.com) in its discretion may initiate cancel the order at its own discretion.
With respect to refund of any payment by Fiesta Resortwear (http://www.fiestaresortwear.com) under Section 8(a)(ii), Section 8(b)(ii) and Section 8(b)(iii), Fiesta Resortwear (http://www.fiestaresortwear.com) will give necessary instructions to the payment gateway within 5 working days. It is pertinent to note that the payment gateways may take upto a month to credit such amount to your account.
Delivery:
We may require a signature of the person ((i) yourself; or (ii) intended recipient in case of gifts; or (iii) any person known to you/intended recipient who is present at the time and place of delivery and accepts delivery on your behalf/intended recipient to whom products have been delivered) as acknowledgement of delivery of the products so ordered.
Fiesta Resortwear (http://www.fiestaresortwear.com) cannot guarantee delivery of product(s) to post office box (“P. O. Box”) addresses and take no responsibility for non-delivery of orders in case the delivery address includes P. O. Box details in any part or form. If Fiesta Resortwear (http://www.fiestaresortwear.com) cannot deliver products to the P. O. Box, Fiesta Resortwear (http://www.fiestaresortwear.com) will inform you about non-acceptance of your order and the order may be sent to our office in Mumbai.
Fiesta Resortwear (http://www.fiestaresortwear.com) shall not be liable for any delay/non-delivery of the product(s) purchased due to any reason which is beyond its reasonable control. It is therefore advisable that you place orders well in advance.
Fiesta Resortwear (http://www.fiestaresortwear.com)shall not be liable for any non-delivery of the product(s) purchased on account of erroneous details provided by you to Fiesta Resortwear (http://www.fiestaresortwear.com) such as wrong recipient name, recipient address or contact number, etc.
If the product is returned to Fiesta Resortwear (http://www.fiestaresortwear.com) as undelivered due to wrong address, Fiesta Resortwear (http://www.fiestaresortwear.com) shall be entitled to extra cost for resending the product(s) to the correct address. The extra cost towards re-delivery shall be paid upfront by you and the delivery time shall be extended.
With respect to refund of any payment by Fiesta Resortwear (http://www.fiestaresortwear.com) under Section 9(b), Fiesta Resortwear (http://www.fiestaresortwear.com) will give necessary instructions to the payment gateway within 5 working days. It is pertinent to note that the payment gateways may take upto a month to credit such amount to your account.
Miscellaneous:
By placing a purchase order for a product on the Website, you agree that you are accessing the product(s) available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction with Fiesta Resortwear (http://www.fiestaresortwear.com) through this Website.
Before placing an order on Fiesta Resortwear (http://www.fiestaresortwear.com) you are requested to carefully read the description of product(s), product specific conditions, the Terms and various policies including ‘Returns and Exchange Policy’.
As practice Fiesta Resortwear (http://www.fiestaresortwear.com) returns money into the same bank account/debit card/credit card account from where it received the payment.
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