TERMS AND CONDITION
Introduction
Welcome to QAMELL, an Indian brand co-founded by Nilavra Dutta and Samprity Das. By accessing our website or purchasing our products, you agree to these Terms and Conditions. These terms govern your use of our website and your purchase of our products. If you do not agree with these terms, please refrain from using our services.
1. Definitions
For the purposes of these Terms and Conditions, the following definitions will apply:
“Company,” “we,” “us,” or “our” refers to QAMELL, an Indian brand that specializes in offering high-quality cotton garments. QAMELL is co-founded by Nilavra Dutta and Samprity Das. As a completely Indian brand, QAMELL prides itself on providing premium-quality cotton products that reflect both style and comfort. The company aims to cater to customers across India with a focus on delivering excellence in fabric and craftsmanship. All operations, from manufacturing to customer service, are handled within India, ensuring the brand’s commitment to the local market and its customers. The co-founders bring a vision of fashion rooted in Indian values, quality, and sustainability, ensuring that each product is designed and produced with care. QAMELL reserves the right to update these terms as necessary to reflect changes in business operations, legal requirements, or market conditions.
“You” or “Customer” refers to any individual, business, or entity accessing our website or purchasing any of our products. This includes both registered and non-registered users of the website. As a customer, you are responsible for adhering to the terms and conditions of QAMELL when engaging with our brand, whether through browsing the website, creating an account, or making a purchase. By using our services, you agree to provide accurate information, including your contact and shipping details, and to comply with the rules and regulations outlined in this agreement. If you are purchasing on behalf of an entity, you represent that you have the authority to bind that entity to these terms.
“Website” refers to the official QAMELL website, www.qamell.in, where customers can browse and purchase our products. The website serves as the primary platform for product listings, customer orders, and company information. All transactions, payments, and customer interactions are processed through this website. The content, layout, and functionality of the website are the intellectual property of QAMELL, and any unauthorised use or reproduction is strictly prohibited.
“Products” refer to the high-quality cotton garments and other items available under the QAMELL brand. These products are carefully designed and manufactured to meet the highest standards of quality and comfort, offering a blend of traditional craftsmanship and modern fashion.
2. Product Availability and Descriptions
At QAMELL, we are dedicated to providing our customers with a wide range of high-quality cotton garments and products that embody style, comfort, and craftsmanship. This section outlines the key aspects related to product availability and descriptions, ensuring that our customers are well-informed about their purchases.
Product Range: QAMELL offers a diverse selection of products, including clothing items made from the finest quality cotton. Our collection features a variety of styles and designs to cater to different tastes and preferences, reflecting both contemporary trends and timeless elegance. Each product is crafted with attention to detail, ensuring that our customers receive garments that not only look good but also feel great to wear.
Product Descriptions: We strive to provide accurate and detailed descriptions for each product listed on our website. These descriptions include essential information such as materials used, size options, care instructions, and any unique features that differentiate each item. We encourage customers to read these descriptions thoroughly to ensure they are selecting the right product for their needs. However, while we make every effort to display the colours and details of our products as accurately as possible, slight variations may occur due to different display settings or lighting conditions.
Product Availability: QAMELL aims to keep its website updated with the latest information regarding product availability. However, due to the nature of our business and the popularity of certain items, there may be instances where a product is temporarily out of stock. In such cases, we will notify customers as soon as possible and provide them with options, including restocking timelines or alternative product suggestions. We encourage customers to act quickly when they find a product they love, as our inventory can change frequently.
Changes to Products: We reserve the right to modify or discontinue any product at our discretion, without prior notice. This may include changes in product specifications, pricing, and availability. We will make reasonable efforts to inform customers of any significant changes affecting their orders or the products they have purchased.
Customer Responsibility: As a customer, it is your responsibility to ensure that the selected products meet your expectations regarding size, style, and functionality. We encourage you to reach out to our customer service team if you have any questions or need assistance in selecting the right products.
3. Orders, Pricing, and Payments
At QAMELL, we strive to provide a seamless shopping experience for our customers through our online platform. This section outlines our policies regarding orders, pricing, and payment methods to ensure clarity and transparency.
Placing an Order: To place an order, customers can browse our website, select the desired products, and add them to their shopping cart. Before finalizing the order, customers must review their selections to ensure that the size, color, and quantity are correct. Once satisfied, customers can proceed to checkout, where they will be prompted to enter their shipping information and payment details. An order confirmation will be sent to the email address provided during the checkout process.
Pricing: All prices listed on the QAMELL website are displayed in Indian Rupees (INR) and include applicable taxes. We make every effort to ensure that pricing information is accurate; however, in the event of a pricing error, QAMELL reserves the right to cancel the order and refund any amount paid. Prices are subject to change without prior notice, and customers will be charged the price in effect at the time the order is placed.
Advance Payment for Cash-on-Delivery (COD): To mitigate the risks associated with return losses and false orders, QAMELL requires advance payment for every Cash-on-Delivery (COD) order. This policy helps ensure that only genuine orders are processed. Customers can complete their payment using a variety of methods, including credit/debit cards, UPI, and net banking. Payment must be confirmed before the order is processed, and customers will receive a notification once their payment is successful.
Order Confirmation: After payment has been received, customers will receive a confirmation email containing details of their order, including the order number, product specifications, and estimated delivery timeframe. This confirmation serves as a receipt and provides customers with a reference for any future inquiries regarding their order.
Order Modifications and Cancellations: Customers can request modifications to their orders only if the request is made before the items have been shipped. Once an order is dispatched, it cannot be changed or canceled. To initiate a modification or cancellation request, customers must contact our customer service team promptly.
4. Shipping and Delivery
At QAMELL, we are committed to providing our customers with a seamless shopping experience, including efficient shipping and delivery of our high-quality cotton garments. Our policies regarding shipping and delivery are outlined below:
Geographical Coverage: QAMELL proudly offers shipping services across all regions of India. We aim to make our products accessible to customers, whether they reside in bustling metropolitan areas or more rural locations. By utilizing reliable courier partners, we ensure that our products reach our customers efficiently and safely.
Delivery Timeframe: We understand that timely delivery is crucial for our customers. Therefore, once an order is confirmed and payment is processed, we strive to deliver all products within 2-5 business days. This timeframe may vary slightly based on the customer’s location and external factors, such as weather conditions or unforeseen delays from courier services. We continually monitor the shipping process to minimize any potential delays.
Free Shipping: At QAMELL, we believe in offering value to our customers. To that end, we provide free shipping on all orders, regardless of the order value. This policy ensures that customers can enjoy our products without the concern of incurring additional shipping costs. We believe that quality should be accessible, and free shipping is a testament to our commitment to customer satisfaction.
Order Tracking: Once your order has been dispatched, you will receive a confirmation email or SMS with tracking information. This allows you to monitor the status of your shipment in real time. We encourage our customers to use the tracking feature to stay informed about their order’s progress until it reaches their doorstep.
Delivery Issues: In the unlikely event of delivery issues, such as delays or lost packages, customers are encouraged to contact our customer service team immediately. We take such matters seriously and will work with our courier partners to resolve any issues swiftly. Please ensure that the shipping address provided during the ordering process is accurate to avoid complications in delivery.
Customer Responsibilities: Customers are responsible for providing complete and accurate shipping information when placing an order. Any inaccuracies may result in delays or non-delivery. In case of a returned shipment due to incorrect address details, the customer may be liable for reshipping costs.
5. Return Policy
At QAMELL, we strive to provide our customers with the highest quality cotton garments and products. To ensure that our business model remains efficient and to uphold the quality and integrity of our brand, we have implemented a strict No Return Policy. This policy applies to all purchases made through our website, and by placing an order, you acknowledge and agree to these terms.
The No Return Policy is designed to minimize the potential for return losses and fraudulent orders, which can affect our ability to maintain competitive pricing and high-quality products. We understand that buying clothing online can sometimes lead to uncertainty regarding size, fit, or colour. Therefore, we encourage all customers to carefully review product descriptions, sizing charts, and images provided on our website before making a purchase.
If you have any questions about a product, please do not hesitate to reach out to our customer service team before placing your order. Our representatives are happy to assist you with any inquiries to help ensure you make an informed decision.
Once a product is purchased, it cannot be returned for a refund or exchange, except in cases of damaged or defective items. If you receive a product that is damaged or not as described, please contact our customer service team within 48 hours of receiving your order. In such cases, we will assess the issue on a case-by-case basis and may offer a replacement, store credit, or other solutions at our discretion.
Please note that to qualify for any assessment regarding damaged or defective products, you must provide photographic evidence of the issue and maintain all original packaging. Products must be reported as damaged within the specified timeframe, as we cannot process claims made after this period.
By adhering to our No Return Policy, you help us maintain a streamlined operation that focuses on quality, efficiency, and customer satisfaction. We appreciate your understanding and support of this policy, which allows QAMELL to continue offering unique and high-quality cotton garments to our valued customers.
6. Cancellation Policy
At QAMELL, we understand that circumstances may change, and you might need to cancel your order. This Cancellation Policy outlines the terms under which you may cancel your purchase and what to expect during the cancellation process.
Cancellation Prior to Shipment: Customers have the option to cancel their orders at any time before the products are dispatched. To initiate a cancellation, you must contact our customer service team at qamel54@gmail.com. You can provide your order number and request the cancellation, and we will process your request as quickly as possible. If your order is successfully canceled before shipment, you will receive a full refund of the amount paid, including any advance payment made for Cash-on-Delivery (COD) orders.
Cancellation After Shipment: Once an order has been dispatched, it cannot be canceled. This policy is in place to ensure efficient processing and delivery of orders. Customers are encouraged to review their orders carefully before completing the purchase. If you attempt to cancel an order after it has been shipped, you will be notified that the cancellation cannot be processed, and you may need to refer to our No Return Policy for further options.
Reasons for Cancellation: We allow cancellations for various reasons, including but not limited to:
A change of mind about the purchase.
An error in selecting the size, colour, or product specifications.
Personal circumstances that prevent you from completing the purchase.
However, customers are reminded to ensure that their order details are accurate at the time of purchase to minimize the need for cancellations.
Communication of Cancellation: After processing a cancellation request, you will receive a confirmation email detailing the cancellation and refund process. This confirmation will serve as proof of the cancellation. Refunds will be processed within a specific timeframe, and you will be notified once the transaction is completed.
Customer Support: For any queries or issues regarding cancellations, customers can reach out to our support team. We are here to assist you with any concerns you may have regarding your order or our policies.
7. Intellectual Property
QAMELL values its intellectual property rights and is committed to protecting its unique brand identity and proprietary content. This section outlines the various aspects of intellectual property related to QAMELL and how it is safeguarded.
Ownership: All content, design elements, logos, trademarks, and other intellectual property associated with QAMELL are the exclusive property of QAMELL, co-founded by Nilavra Dutta and Samprity Das. This includes, but is not limited to, product images, descriptions, branding materials, and website design. As a brand rooted in quality and craftsmanship, QAMELL ensures that its creative works are original and distinctive, reinforcing its position in the market.
Trademarks: The trademarks associated with QAMELL—including the name, logo, and any associated brand identifiers—are protected by Indian trademark laws. Unauthorized use of these trademarks, including reproduction or imitation, is strictly prohibited. This protection extends to any similar names or logos that may cause confusion with the QAMELL brand. Customers and third parties must seek explicit written permission from QAMELL before using any trademarks or branding elements in any form.
Copyright: All written content, images, and visual elements on the QAMELL website are protected by copyright laws. This means that copying, distributing, or altering any content without permission from QAMELL is prohibited. QAMELL reserves the right to take legal action against any individuals or entities that violate its copyright protections.
Licensing and Permissions: In certain circumstances, QAMELL may grant limited licenses for specific uses of its intellectual property. Such permissions must be requested in writing and will only be granted at the sole discretion of QAMELL. Unauthorized use of QAMELL’s intellectual property will be pursued vigorously to protect the brand’s interests.
Reporting Violations: If you believe that your intellectual property rights have been infringed upon by QAMELL or that QAMELL’s intellectual property is being used unlawfully, please contact us immediately. We will address any legitimate concerns in a timely manner.
8. Limitation of Liability
At QAMELL, we strive to provide our customers with high-quality products and exceptional service. However, it is essential to understand the extent of our liability in relation to the use of our website and products. This section outlines our limitations of liability to ensure clarity and mutual understanding between QAMELL and our customers.
Nature of Liability: To the fullest extent permitted by law, QAMELL and its co-founders, Nilavra Dutta and Samprity Das, shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your access to, use of, or inability to use our website or products. This includes, but is not limited to, damages for loss of profits, goodwill, data, or other intangible losses, even if we have been advised of the possibility of such damages.
Product Liability: While we ensure that our products meet rigorous quality standards, QAMELL is not liable for any injuries or damages resulting from the misuse, improper handling, or failure to follow care instructions related to our products. Customers are responsible for using our products in accordance with their intended purpose.
Third-Party Links: Our website may contain links to third-party websites or services that are not owned or controlled by QAMELL. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that QAMELL shall not be liable for any damages or losses caused by or in connection with your use of any third-party websites.
Force Majeure: QAMELL shall not be liable for any delay or failure to perform our obligations under these Terms and Conditions if such delay or failure results from circumstances beyond our reasonable control. This includes, but is not limited to, natural disasters, acts of government, labor disputes, and technical failures.
Total Liability: In no event shall our total liability to you exceed the amount paid by you for the product or service in question. This limitation of liability applies to the maximum extent permitted by law and is a fundamental element of the basis of the bargain between you and QAMELL.
9. Privacy Policy
At QAMELL, we are committed to protecting your privacy and ensuring that your personal information is handled in a safe and responsible manner. This Privacy Policy outlines our practices regarding the collection, use, and disclosure of your personal information when you visit our website or purchase our products.
Information Collection: We may collect personal information from you when you visit our website, create an account, place an order, or communicate with us. This information may include your name, email address, phone number, shipping address, payment details, and any other information you provide. We collect this information to facilitate your purchases, improve our services, and communicate with you regarding your orders.
Use of Information: The personal information we collect is used for various purposes, including processing your orders, managing your account, and providing customer support. We may also use your information to send you marketing communications, promotional offers, and newsletters, which you can opt out of at any time. Your information helps us understand your preferences, allowing us to enhance your shopping experience.
Data Security: We take the security of your personal information seriously and implement appropriate technical and organizational measures to protect it from unauthorized access, loss, misuse, or alteration. While we strive to protect your personal information, no method of transmission over the Internet or electronic storage is 100% secure. Therefore, we cannot guarantee its absolute security.
Information Sharing: QAMELL does not sell, rent, or lease your personal information to third parties. However, we may share your information with trusted service providers who assist us in operating our website, conducting our business, or servicing you, as long as those parties agree to keep this information confidential. We may also disclose your information when required by law or in response to legal requests.
Cookies: Our website may use cookies and similar tracking technologies to enhance your experience. Cookies are small files placed on your device that help us remember your preferences and improve our services. You can choose to accept or decline cookies; however, declining cookies may prevent you from taking full advantage of our website.
Children’s Privacy: Our services are not directed to individuals under the age of 14. We do not knowingly collect personal information from children without parental consent. If you believe that we have collected information from a child, please contact us, and we will take appropriate action.
Changes to the Privacy Policy: We may update this Privacy Policy from time to time. Any changes will be posted on this page with an updated effective date. We encourage you to review this Privacy Policy periodically to stay informed about how we are protecting your information.
10. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of India. By using our website and purchasing our products, you agree that any disputes, controversies, or claims arising out of or related to these terms, your use of the QAMELL website, or your purchase of our products shall be resolved in accordance with Indian law.
In the event of a dispute, both parties agree to engage in good faith negotiations to resolve any issues amicably. If such negotiations do not resolve the dispute within a reasonable timeframe, you and QAMELL shall submit the matter to arbitration in accordance with the Arbitration and Conciliation Act of 1996. The arbitration will take place in West Bengal, and the proceedings shall be conducted in English. The arbitrator’s decision will be final and binding on both parties. This clause does not prevent either party from seeking interim relief or other appropriate remedies in a competent court.
You agree that any legal action or proceeding arising out of or related to these Terms and Conditions must be brought exclusively in the courts located within India. You hereby consent to the jurisdiction of such courts and waive any objections to the exercise of jurisdiction over you by such courts. The choice of law and jurisdiction provision in these terms applies to all users of the QAMELL website, including those who access it from outside India.
In addition, you acknowledge that these Terms and Conditions may be amended or updated periodically by QAMELL. Continued use of the website after such changes constitutes your acceptance of the revised terms. It is your responsibility to review these terms regularly for updates, as your continued use of the website indicates your agreement to the modified terms.
These governing law provisions are designed to ensure that any legal matters arising from your use of the QAMELL website and products are handled in a fair and consistent manner, in accordance with the legal framework of India. We encourage our customers to understand their rights and obligations under Indian law and to seek independent legal advice if necessary.