Terms and Conditions

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 which require the publishing of the rules and regulations governing the use and access of www.lehengagali.com.

Introduction

1.1 These terms and conditions (“Terms and Conditions”) and all applicable Policies (as defined below) which are herein incorporated by way of reference govern your rights and obligations as a User (defined below) of the Site (defined below) while accessing and using the Site and/or availing the Services (defined below), as may be rendered byLehenga Gali, having its registered office at Shop No. 2, Krishna Nagar, F-18/10, Manohar Sweets Road, near Manohar Sweets, Block F, Krishna Nagar, Delhi, 110051, India (“Site Owner”) through the ‘www.lehengagali.com’ web portal (domain name– www. lehengagali.com) (“Site”) to Users from time to time. Any reference to “you” or “User” or “User’s” in these Terms and Conditions, means you the User of the Site, placing order for the products, displayed on the Site (“Products”) for taking on rent such Product (s) or purchasing the Product (s) listed for sale on the Site, solely for personal use and/or accessing and using the Site Content (defined below) (“Services”) in the manner as set out in these Terms and Conditions.
1.2 As a User, your access to and use of the Site and/or the Services are conditional upon your acceptance of and continuous compliance with these Terms and Conditions at all times and all applicable Policies (as defined below). There is an explicit understanding that these Terms and Conditions and all the Policies shall be adhered to by you. By accessing, browsing and/or using the Site and/or availing any of the Services, you agree to be bound by these Terms and Conditions, the cancellation policy governing cancellation of an order for any Product placed by you (“Cancellation Policy”), the return policy governing the return of any Product rented to you (“Return Policy”), the privacy policy governing your access to the Site (“Privacy Policy”), other guidelines, policies, terms and conditions applicable to the Site and/or Services being provided by the Site Owner (collectively as “Policies”), as may be modified by the Site Owner from time to time at its own discretion, which shall be deemed to be incorporated in these Terms and Conditions by reference, unconditionally and at all times. Further, by accessing, browsing and/or using the Site and/or availing any of the Services, you explicitly agree to receive communications, in written and/or verbal form, from the Site Owner or its authorized representatives with regard to any matter relating to the Site, Products or the Services.1.3 The Site Owner shall have the sole right to change, modify, add or remove these Terms and Conditions or any or all of its Policies relating to the provisions of Services on the Site and access to the Site, at any time without any prior written notice or intimation to you. It is hereby clarified that each User shall be responsible for reviewing the Terms and Conditions and Policies on the Site periodically and keep themselves updated.

User Eligibility

2.1 The Services on the Site are only available to persons who are competent to enter into legally binding contracts under the Indian Contract Act, 1872 (“Contract Act”). Any person who shall be considered as incompetent to contract as per the provisions of the Contract Act including minors, un-discharged insolvents etc. are not eligible to use the Site (“User”). Any person using the Services on behalf of any other person/ proprietorship/ partnership/ firm/ company, represents and warrants that it is duly authorized by such person/ proprietorship/ partnership/ firm/ company being the User to accept the Terms and Conditions and the Policies and that such person has the authority to bind the User to these Terms and Conditions and all the Policies.

Sale and Renting of Products

3.1 The Site is a platform provided by the Site Owner to its Users, after registration of such User on the Site (“Registration”) and their access to the Site through the account created on the Site by using the account details entered by such User (“Account Information”), to browse and take on rent the products displayed on the Site for a period of 3 (Three) days or no. of days chosen starting from the date of delivery of the Product to the User (“Rental Period”) or to purchase certain Products listed for sale on the Site. The Site Owner shall also provide such other services, including sale of Products, as may be included, removed and/or modified by the Site Owner from time to time.
3.2 The Services and the Site are governed by these Terms and Conditions and all applicable Policies of the Site, as may be amended from time to time and shall be deemed to be incorporated in these Terms and Conditions by way of reference. Unless expressly stated otherwise, any new features that augment or enhance the current Services and the Site shall be subject to these Terms and Conditions and all the Policies.

Terms of Use

4.1 Use of the Services

(a) Placing of orders by the User – All orders shall be placed by a User by signing in on the Site using his/her Account Information. It is hereby clarified that the Site Owner shall have the sole right to accept or reject order placed for a Product by a User. Once an order is approved by the Site Owner, the User, placing such order shall receive a confirmation from the Site Owner in relation to the acceptance of his/her order (“Order”). The Products ordered will be delivered in accordance with Section 4.1 (c) (i) or Section 4.1 (c) (ii), as may be applicable, of these Terms and Conditions. It is explicitly agreed by you that you shall not avail the Services and/or access and use the Site for any other purposes except for your personal use. 

It is hereby clarified that the Products may appear different in color   and style than as displayed on the Site. The size and measurements may vary depending on the Products.

(b) Restriction of Orders placed by the User and cancellation of Orders by the Site Owner – The Site Owner may impose limitation or restriction on the maximum number of Orders placed by a single User for any of the Products listed on the Site through his/her account on the Site. The Site Owner further has the right to cancel any Order placed by the User or prohibit any User from taking on rent or purchasing any of the Products (s) listed for sale on the Site, for any reason, including but not limited to any likelihood that the User, as per Site Owner’s discretion, will abuse the Services or any of the reasons or circumstances specified in the Cancellation Policy.

The Site Owner shall deliver the Products ordered by a User including the size, colour and design on or before the delivery date. It is hereby clarified that in the event a Product ordered by you is not available, the Site Owner shall take reasonable efforts to notify you of such unavailability and you shall have the right to order a replacement Product.

(c) Delivery and shipping of Products – (i) Delivery of Orders placed for renting Products
The delivery of all Orders placed for renting any Product shall be made on the first day of the Rental Period for such Product. It is hereby clarified that the Site Owner shall undertake best efforts to ensure that the Products are delivered within the timelines specified, however the Site Owner shall not be liable for any delay in the delivery of the Products for reasons beyond the Site Owner’s reasonable control.
The User hereby agrees and acknowledges that for all Orders that are shipped and delivered by the Site Owner to the User, for either Section 4.1 (c) (i) or Section 4.1 (c) (ii) above, a delivery charge as specified on the Site may be payable by the User on account of delivery of the Product by the Site Owner (“Delivery Charges”).
The shipping of the Orders for either Section 4.1 (c) (i) or Section 4.1 (c) (ii) above, is at the discretion of the Site Owner and shall generally be done through shipping partners, which are subject to change from time to time at the discretion of the Site Owner. It is clarified that the shipping and delivery of the Product will be initiated by the Site Owner only after the payment of Total Fee (defined below) or Sale Price (defined below), as the case maybe, by the User, to the satisfaction of the Site Owner.
The details pertaining to the shipping, delivery locations, the timelines for expected delivery and Delivery Charges, as may be applicable, for all Products are/may be specified on the Site.

(d) Payment by the User – (i) Payment by User renting the Product(s)
It is clarified that the User shall pay rental fee as specified on the Site for every Order placed by such User (“Rental Fee”) along with a security deposit at the time of pick up (“Security Deposit”) and, if applicable, the Delivery Charges as may be displayed on the Site for each of the Products, from time to time (collectively “Total Fee”). It is clarified that the Total Fee is exclusive of any taxes, fees, duties or any other charges that the User is required to pay under the applicable law. All/any such tax or charge, as is payable by the User, shall be paid directly by the User. The Security Deposit shall be refunded/returned to the User upon return of the Products ordered after making such deductions as maybe applicable in accordance with these Terms and Conditions, the Cancellation Policy and the Return Policy.
It is clarified that upon confirmation of an Order for either Section 4.1 (d) (i) or Section 4.1 (d) (ii) above, for a Product placed by a User, the Site Owner becomes authorized by the User to immediately charge the applicable Total Fee or Sale Price, as the case maybe, along with the Delivery Charges, if applicable, on the credit card/debit card of the User registered with the Site.
The User hereby undertakes and agrees that all payment details in relation to the credit card/debit card registered by the User on the Site and being used to place an Order for a Product, for either Section 4.1 (d) (i) or Section 4.1 (d) (ii) above, shall be valid and accurate. It is agreed that the Site Owner reserves the right to take, at its discretion, any legal action if the payment details are found to be invalid or inaccurate. It is clarified that you are responsible for maintaining confidentiality and security of the payment details and ensuring proper use of the credit card/debit card used by you in relation to the Services. It is clarified that the Site Owner shall not have any liability for any consequence arising out of unauthorized use of your credit card/debit card or the details thereof.

(e) Mode of Payment – The payment of the Total Fee or the Sale Price, as the case maybe, in relation to the Order, shall be made by the User through any of the payment methods available on the Site. By making such payment, you explicitly authorize the Site Owner or its authorized representatives to charge the applicable Total Fee or Sale Price, as the case may be, or any other amounts, including damages and penalties, as may be due and payable by you to the Site Owner, through such payment method as may be availed by you. It is clarified that by placing an Order for any Product on the Site and authorizing the Site Owner to charge the Total Fee or the Sale Price, as the case may be, or any other amounts, including damages and penalties, as may be due and payable by you to the Site Owner, you are entering into a binding agreement with the Site Owner.

(f) Cancellation of the Order –  It is clarified that any request for cancellation of any order of Products (s) which is being rented, may be made by the User, subject to the Cancellation Policy available at. All the provisions of the Cancellation Policy shall govern such cancellation request made in relation to any Order placed by a User using the Site.

(g) Receipt of the Product – The Products shall be shipped to the shipping address provided by you at the time of placing an Order (“Shipping Address”). It is clarified that the Shipping Address provided by you shall be accurate and secured and that the Site Owner shall not be liable for any delay in delivery if such Shipping Address is found to be inaccurate or insecure at the time of delivery of the Product. In the event the Shipping Address is found to be inaccurate or insecure, additional delivery charges, as may be computed at the sole discretion of the Site Owner, shall be paid by you.

(h) Use of the Products (applicable for Users renting the Products) – All Products delivered pursuant an Order are professionally dry cleaned prior to delivery and ready to wear upon receipt of delivery. The Site Owners take all reasonable care to dry clean and inspect each Product prior to delivery but use of the Product is at your own risk and the Site Owner shall not be liable for any health related complaints in relation to the Products. Upon delivery of the Product by the Site Owner at the Shipping Address provided by you, you shall have the entire responsibility in relation to the use, maintenance, and safety of the Product ordered by you and delivered by the Site Owner to you.

You shall be solely responsible for protecting the Product delivered to you from any loss, destruction or damage caused due to any reason, including but not limited to theft, fire stains, other stains, alterations, tearing, rubbing-off (“Substantial Damage”). You shall further be responsible for protecting the Product delivered to you from any loss which may result in any form of diminution in the Product’s commercial value (“Major Loss”). You shall be responsible for handling the Products, during the Rental Period, with the same extent of care and precaution as you will exercise with regard to any of your personal properties.

If any damage is done to the Product which has the effect of mere normal wear and tear as per the determination of the Site Owner, you shall not be liable for such extent of damage to the Product. However, if the Site Owner determines that a Substantial Damage has been done to the Product on your part, an additional charge of upto INR 5000 (Rupees Five Thousand), shall be payable by you on account of such Substantial Damage to the Product. It is clarified that such amount, as is required to be paid by you on account of any Substantial Damage, shall be determined at the sole and absolute discretion of the Site Owner.

In the event the Site Owner determines that a Major Loss has been done to the Product on your part, an additional charge of upto150% of the retail value of such Product, as determined by the Site Owner, shall be payable by you on account of such Major Loss.
You hereby explicitly agree to such levy of additional charge on account of any Substantial Damage or Major Loss as may be determined by the Site Owner to have caused to the Product on your part while using such Product. It is clarified that in the event of any Substantial Damage or Major Loss caused to the Product during the Rental Period, the Site Owner becomes authorized to adjust the penalties for such Substantial Damage or Major Loss, as specified above, against the Security Deposit paid by you. In the event the penalty for such Substantial Damage or Major Loss, as specified above, is an amount higher than the Security Deposit, the Site Owner is hereby authorized by the User to immediately charge the User the penalties for the balance of such Substantial Damage or Major Loss, as per the sole and absolute determination of the Site Owner. Further, in the event the penalty for such Substantial Damage or Major Loss, as specified above, is an amount lower than the Security Deposit, the balance of the Security Deposit shall be refunded to you by the Site Owner in accordance with these Terms and Conditions.

(i) Return of the Product (applicable only for Users renting the Products) – It is clarified that you shall return the Products (s) ordered from the Site, in accordance with the terms of the Return Policy available at. All the provisions of the Return Policy shall govern the Product as displayed on the Site and delivered to you by the Site Owner in pursuance to your Order for renting such Product. It is clarified that in the event of any delay on the part of the User to return the Product within the stipulated period, the Site Owner is hereby authorized by the User to immediately charge the User the penalties for such delay, as per the terms and conditions prescribed in the Return Policy.
It is hereby clarified that the Site Owner shall not accept any return in case of Products being purchased by a User using the Site and the Site Owner shall not be liable for any loss incurred by a User if the Product purchased does not fit the User or is it appears different in colour and style than as displayed on the Site.

(j) Delay in Service – It is clarified that the Services and/or the Site may involve deficiencies, including but not limited to omissions, interruptions, loss of data, and inaccuracies, delay in delivery and the Site Owner shall not have any liability on occurrence of such deficiencies in the operation of the Services and/or the Site, including but not limited to any omission, interruption, loss of data, in accuracy and delay in delivery that may be experienced by you at the time of browsing or ordering any Product displayed on the Site. The Site Owner hereby disclaims any liability or responsibility for such deficiencies. The Site Owner shall put best efforts to ensure smooth operation of the Service and/or the Site however, it does not guarantee against the possibility of any of the identified deficiencies in the Services and/or the Site. You acknowledge that the Site Owner may direct any precautions to you for ensuring that there is no breach of security and integrity of the Site and on such directions you shall provide the necessary support to the Site Owner. The Site Owner disclaims any responsibility for a loss that may be incurred by you due to any failed or incomplete transaction on the Site.

4.2 Content on the Site

a. It is hereby clarified that the Services provided to you may involve references to or links of any third-party or its products, services or other content (“Third-Party Content”). You acknowledge that the Site Owner is not liable for any such Third-Party Content as may be displayed on the Site or that you may be re-directed to while accessing the Site and/or availing the Services. It is further clarified that the Site Owner shall not be liable for any persons who may have provided such Third-Party Content. The Third-Party Content displayed on the Site or re-directed to by the Site does not suggest that the Site Owner has endorsed such Third-Party Content or provider of the Third-Party Content. It is clarified that the Site Owner shall not be liable for any privacy practices of a third-party providing such Third-Party Content.

b. Site Owner is not associated with or is not partnering with any of the designers specified on this Site. Each of the Products listed on this Site are owned by Site Owner. The copyright and the design right of the Products listed on this Site are owned by the specific designer, as the case may be, and the Site Owner does not own and/or have any interest in the copyright and design rights associated with any of the Product. All photographs used on this Site are the copyright of the Site Owner. The Site Owner has undertaken its best efforts to ensure that the Products listed on this Site are authentic and original works of the specified designer.

c. It is hereby clarified that any content made available by the Site Owner to you while providing the Services or access to the Site, including but not limited to specification of any the Products, images of the Product or any comments or reviews by other Users.