Terms & Conditions

1.   GENERAL TERMS AND CONDITIONS

Unless otherwise agreed in writing and signed by Director of KC garments Private Limited all goods are supplied on these conditions to the exclusion of any terms or conditions of the buyer and of any representation, warranty or communication not expressly included.   

This document (together with the documents mentioned herein) establishes the general terms and conditions that govern the use of the Website (www.kcgarments.in) and the purchase of products on it (hereinafter referred to as the "Conditions"). 

For the purpose of this document, "User" / "Users" shall mean any person/persons and/or legal entity(ies) who visit(s), uses, deals with and/or transact at the Website in any way.

We urge the Users to read the Conditions, our Privacy Policy (hereinafter, referred to as the “Data Protection Policies”) carefully before using this website. When using this website or placing an order on it, the User is bound by these Conditions and our Data Protection Policies.

Accessing, browsing or otherwise using the website will be construed as User’s unequivocal and irrevocable acceptance and acknowledgement to the Conditions and binding policies hereof. By using this website, the User declares to have carefully read, understood and agree to be bound by these Conditions. KC garments may at its sole discretion allow or disallow access to website and reserves the right to modify any of the Conditions at any time, without prior intimation to the Users. It is the User’s responsibility to read them periodically, as the Conditions at the time of using the website or concluding of the relevant contract shall be those that apply. Continued use of this Website shall constitute Users acceptance of the modified Conditions.

2.   USER ACCOUNT

User may be required to register and set up an account (“Account”) for using the Website by furnishing all relevant information relating to the User, as sought on the Website. User shall be solely responsible for the confidentiality of its User Id and Password. User shall be solely responsible for the accuracy and correctness of all such details/information given by User during registration. If KC garments has a reason to doubt the correctness of any details/information furnished by User or in case any information furnished by User is found incorrect, false or misleading then the Company shall be entitled to cancel or suspend the registration of User permanently or for such period as KC garments deems fit.
The relevant information or personal details that User provides KC garments shall be processed in accordance with the Data Protection Policies. When the User uses this Website, the User agrees to the processing of the information and details and the User states that all information and details provided are true and correspond to reality.
The User can create one Account only and it is not permitted to transfer or interchange such Account to any other person.

3.   SERVICE AVAILABILITY AND USE OF WEBSITE

 The items we offer on this website are only available in India.

When the User uses this Website and places order through it, the User agrees to the following:

·         To use this Website to make enquiries and legally valid orders only

·         To refrain from making any false or fraudulent orders. In the event if an order of this type may reasonably be considered to have been placed, KC garments shall be authorized to cancel it and inform the competent authorities.

·         To provide KC garments with the User’s email address, postal address and / or other contact details truthfully and exactly. The User also agrees that KC garments may use this information to contact the User in the context of the User’s order if necessary (Refer the Privacy Policy)

·         User consents to receive communications from us regarding latest offers, exclusive promos, product launches etc. and any other relevant information/ communications. However, the User may have an option to opt out to receive the said communication by writing to us at the email address mentioned herein. Kindly refer the privacy policy in this regard.

4.   AVAILABILITY OF PRODUCTS

All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give You information about substitute products of an equal or higher quality and value which You can order.

5.   REFUSAL OF ORDER

We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. Whilst we will make our best efforts to always process all the orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent You an Order Confirmation, which we reserve the right to do at any time, at our sole discretion. We will not be liable to You or any other third party by reason of our withdrawing any product from this website, whether it has been sold or not, removing or editing any materials or contents on this website or for refusing to process or accept an order after we have sent You the Order Confirmation.

6.   DELIVERY

Subject to availability, (see Clause 5 above), and unless there are any exceptional circumstances, we will endeavor to fulfill your order for product(s) listed in the Order Confirmation by the delivery date set out in the Order Confirmation or, if no estimated delivery date is specified, within 15 days of the date of the Order confirmation.

Reasons for delay could include:

·         Customization of products;

·         Specialized items;

·         Unforeseen circumstances;

·         or Delivery area;

If for any reason whatsoever, we cannot meet the delivery date, you will be kept informed thereof and offered a choice of either continuing with the purchase by setting an extended delivery time or cancelling the order with a full refund of the price paid. Please note however, that we do not deliver on Sundays or Mondays. For the purpose of these Terms, the "delivery" shall be deemed to have occurred or the goods shall be deemed to “have been delivered” upon signing for receipt of the products at the agreed delivery address.

7.   UNABLE TO DELIVER

If we are unable to deliver the goods after two attempts, we will try to find a safe secure place to leave your parcel. We will contact you explaining where your parcel is and how You can obtain delivery. If You are not going to be at the delivery location at the time agreed, please contact us to rearrange delivery for another mutually convenient day.

8.   RISK AND TITLE

The Products will be at your risk from the time of delivery. Ownership of the products will only pass to You when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery (as defined in clause 8 above), whichever is the later.

9.   PRICE AND PAYMENT

While we take care to ensure that all prices quoted on our website are accurate, errors may occur. If we discover an error in the price of any product(s) You have ordered, we will inform You as soon as possible and give You the option of reconfirming the order at the correct price or cancelling it.

If we are unable to contact You, the order will be treated as cancelled and if You have already paid for the product(s) You will receive a full refund.

We are under no obligation to sell the product(s) to You at the incorrect (lower) price (even after we have sent You an Order Confirmation) if the pricing error is an obvious typographical or arithmetical inaccuracy and could have reasonably been recognized by You as such.

 The prices displayed on our website include GST (in cart value) but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Costs Guide.

 We reserve the right to decline orders for bulk or high value purchases and to change price and availability information without notice. Other than changes will not affect orders in respect of which we have already sent an Order Confirmation. Once You have finished shopping all the items You wish to purchase are added to your basket. Your next step will be to go through the checkout process and make payment.

To do this:

Click the "Shopping bag" button at the top of the page.

Click on the "Checkout" button.

Fill-in or check your contact details, the details of your order, the delivery address and the invoicing address.

Fill in your credit card details.

Click "Authorize payment" Payment can be made by Visa, MasterCard, Net Banking and UPI. We use CC Avenue via ICICI Bank to ensure payment is made safely and your Card details will be encrypted to minimize the possibility of unauthorized access or disclosure. Authority for payment must be given at the time the order is made. By clicking “BUY NOW” You are confirming that the Card is yours. The amount authorized by You will not be taken until your order is dispatched for delivery. If payment is made via UPI Cards or international cards the amount will be charged upon confirmation of your order. Cards are subject to validation checks and authorization by your Card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.

10.                     GOODS AND SERVICES TAX

Pursuant to the prevailing rules and regulations in force, all purchases done through the web site are subject to the Goods and Services tax. Apparel and knitted clothes are covered by Chapter 61 of the HSN code. Chapter 62 covers non-knitted apparel and clothing. 

The GST rate on garments raw materials is more than the GST on finished goods, owing to which the industry isn’t able to claim the input tax credit. For resolving this issue, the Indian government has made some changes to GST on clothes from January 2022, but that is yet to be implemented. 

The GST rates on clothes was proposed to be raised from 5% to 12% from January 2022. The purpose of increasing the GST rate on clothing is to address the issues related to inverted duty structures, which impact a portion of the textile value chain. However, the industry did not seem to welcome the move and hence no notification is issued to implement the new rate.

From January 2022, the GST rates on clothes overall was going to be fixed at 12% irrespective of value. It means that the GST rates on clothes of any value whether below Rs.1,000 or above Rs.1,000 is 12%, compared to the earlier GST of 5% on garments priced up to Rs.1,000. GST on textiles including woven fabrics, synthetic yarn, pile fabrics, blankets, accessories such as tablecloths, serviettes or tapestries, and rugs was going to be increased from 5% to 12%. 

But the same is not notified, so until then the existing rate of 5% continues to apply for the lower value slab of Rs.1,000 or below. Further, a GST of 12% applies where the value of garments is more than Rs.1,000.

11.                     EXCHANGES/RETURNS POLICY

You should be aware that once the product is in your possession there is no exchange/returns policy applicable from our side.

12.                     LIABILITY AND DISCLAIMERS

Our liability in connection with any Product purchased through our web site is strictly limited to the purchase price of that Product.

 Nothing in these Terms shall exclude or limit in any way our liability:

·        For death or personal injury caused by our negligence;

·        For fraud or fraudulent misrepresentation;

·        For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.

 Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise stated in these Terms, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including (without limit) for any:

·         loss of income or revenue;

·         loss of business;

·         loss of profits or contracts;

·         loss of anticipated savings;

·         loss of data; and

·         waste of management or office time.

Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website.

All product descriptions, information and materials posted on this website are provided "as is" and without warranties express, implied or otherwise howsoever arising.

 To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind.

 Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights.

13.                     INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or in our licensors. You are permitted to use this material only as expressly authorized by us or our licensors. This does not prevent You using this website to the extent necessary to make a copy of any order or Contract details.

14.                     WRITTEN COMMUNICATORS

Applicable laws require that some of the information or communications we send to You should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on our website.

For contractual purposes, you agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that we provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

15.                     NOTICES

All notices given by You to us should be given to us via our web form. Subject to and as otherwise specified in clause 16 above, we may give notice to You at either the e-mail or postal address You provide to us when placing an order.

Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the address.

16.                     TRANFER OF RIGHTS AND OBLIGATIONS

The Contract between You and us is binding on You and us and on our respective successors and assigns.

 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

 For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to You, whether express or implied.

17.                     EVENTS BEYOND OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:

·         Strikes, lock-outs or other industrial action.

·         Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

·         Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

·         Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

·         Impossibility of the use of public or private telecommunications networks.

·         The acts, decrees, legislation, regulations or restrictions of any government.

·         Any shipping, postal or other relevant transport strike, failure or accidents.

 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

18.                     WAIVING RIGHTS

The lack of requirement on our part for strict compliance on your part with any of the obligations assumed by you by virtue of a Contract or of these Conditions or a lack of exercising on our part of the rights or actions that correspond to us by virtue of this Contract or of the Conditions shall not constitute the waiving or limitation of said rights or actions, nor exonerate you from fulfilling said obligations.

The waiving on our part of a specific right or action shall not constitute the waiving of other rights or actions derived from the Contract or from the Conditions.

The waiving on our part of any of these Conditions or of the rights or actions derived from the Contract shall not take effect unless expressly stipulated that it is a waiving of rights and is formalised and notified to you in accordance with the provisions of the Notifications section above.

19.                     PARTIAL ANNULMENT

Should any of these Conditions or any provision of a Contract be declared null and void by firm resolution from the corresponding authority, the remaining terms and conditions shall remain in effect without being affected by said declaration of annulment.

20.                     ENTIRE CONTRACT

These Conditions and any document referenced in the same constitute the Entire Contract between the Parties as regards the purpose of the same, replacing any previous pact, agreement or promise made between the Parties verbally or in writing.

The Parties acknowledge that we have agreed to enter into the Contract without depending on any declaration or promise made by the other Party or that could have been inferred from any statement or document in the negotiations entered into by the two Parties prior to said Contract, except those expressly mentioned in these Conditions.

 Neither Party shall take any action regarding any untrue statement made by the other Party, verbally or in writing, prior to the date of the Contract (unless said untrue statement was made fraudulently). The only action that may be taken by the other Party shall be due to breach of contract in accordance with the provisions of these Conditions.

21.                     OUR RIGHT STO MODIFY THESE CONDITIONS

We have the right to review and modify these Conditions at any time.

 You are subject to the policies and Conditions in effect now in which you use this website or place each order, except when by law or decision of governmental entities we must make changes retroactively to said policies, Conditions or Privacy Policy. In this case the possible changes will also affect orders made previously by you.

22.                     APPLICABLE LEGISLATION ND JURISDICTION

The use of our website and the product purchase contracts through said website shall be governed by the laws of India.

Any controversy that arises or is related to the use of the website or said contracts shall be subject to the exclusive jurisdiction of the Indian courts.

If you are entering into the contract as a consumer, nothing in this Clause shall affect the statutory rights you have, as recognised in any applicable legislation in this area.

23.                     COMMENTS AND SUGGESTIONS

Your comments and suggestions are always welcome. Please send any comments and suggestions through our contact form.

       Contact us by e-mail, contact number and the details provided below:

·         sales@kcgarments.in

·         9911177002