Terms of Service

GENERAL

1. Welcome to our terms and conditions! We are so happy you have made it here. This may not be the most exciting document you will ever read, but it is important to establish what you can expect from us and what we expect from you. And just to be clear when we say "us", "we" and “our” we mean " Kinen".

2. These terms and conditions apply when you place an order with us through our website at www.thekinen.com

3. By placing your order, you agree to be bound by these terms and conditions, or the "Terms of Service" as we will call them from now on. Therefore, please make sure you have read and understood them before ordering. These terms of service are your offer, acceptance is limited to Terms of service.

4. Only persons who can enter legally binding contract under the Indian Contract Act,1872 can use and/or transact on the Online Store. It also implies that you must be at least 18 years old else you may use or transact with the involvement of a parent or guardian. You must also have a valid email address and a delivery address in India or outside.

5. We want to provide the best possible online experience. You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the www.thekinen.com, or which impacts the security of the site, or (iii) employ any device or attempt to use any engine, software, tool, agent, script or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the site, or to copy content from the site. We reserve the right to immediately bar access to the site and close the account of a user who violates any of the provisions of these terms and conditions or whose acts, as per Kinen’s understanding, are detrimental to the interests of Kinen in any
manner. 

6. Kinen sells its product directly through Online Store and not through any third party(s) or agent(s). For further details please contact our Customer Service.

7. Kinen does not control, endorse or accept responsibility for any products proposed to be sold or offered to be sold or purchased on the website or any linked sites other than the Authorized Online Store. Kinen makes no representations or warranties whatsoever about and shall not be liable for any transaction through such third partie(s) or agent(s) including representations relating to merchantability, fitness of a product or service for a particular purpose, warranty as to specific products and non-infringement of third-party intellectual property rights. Any transactions that you may have with such third partie(s) or agent(s) are at your own risk. Kinen also does not accept any responsibility for the usage of the products, fraudulent or illegal activities, non- payment, delivery of the products purchased by you from such third partie(s) or agent(s).

8. Kinen specifically disclaims any liability with regard to any infringing, illegal, fake, spurious, duplicate, counterfeit or defective, refurbished products purchased by you from such third party.

9. Kinen reserves rights to amend these Terms, but the Terms that you approve at the time of your purchase will always apply for that particular purchase. Any changes made will be included in the latest published version of the Terms in the Online Store. Changes to the Terms will be effective from the time you accept the Terms, i.e. in connection with you making a new purchase. This means that we might and probably will change our Terms every now and again, so keep on visiting this page to stay up to date. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.


PRICES AND DELIVERY CHARGES


1. The prices displayed in the Online Website include the applicable statutory tax/GST but do not include shipping charge. Depending on the location of your delivery address, the shipping address will be notified. The prices can change without any prior notice, and we reserve our right to change or modify any content or product without prior intimation.

2. We may from time to time offer promotions, discount codes, gifts and other offers. Such offers are valid only for the period specified in connection with such offers and on the terms directly associated with them.


ORDERING

1. Do you want to place an order? Great! This is how you do it. You collect the items you wish to order in your shopping bag using the “add to cart” button. In the shopping bag view, you can review your order and remove any item you have changed your mind about before proceeding to the checkout. When you place your order by clicking the “Complete purchase” button, you are making a binding offer to purchase the items in the shopping bag. Depending on your selected payment method, further steps may be required to finalise your payment.

2. On receipt of your order, we will send you an automatic email confirmation that your order has been placed. Please note that a placed order is an offer and does not constitute a binding contract until the order has been approved by us. If we approve your order, we will send you a shipping confirmation email that includes all relevant information about your order and its delivery. The shipping confirmation email is our approval of your order and the conclusion
of our contract.

3. We reserve our right to refuse service to any person at any time not limited to moral turpitude. For several reasons, we may not be able to approve your order. We reserve the right to not approve your order for any operational, legal, or commercial reason. For example, this could be the case if the item you ordered is defect and we have no more items in stock, or in case we suspect that items are being ordered for commercial reselling purposes. If we are unable to approve your order, we will let you know at the earliest opportunity but naturally before we approve your order and send you the shipping confirmation.

4. If we have already received payment for an order that is not approved by us, we will attempt to refund the applicable amount using the same method you used to make the payment. If alternative arrangements are necessary for any reason, we will contact you to settle the refund.


PAYMENT METHODS

1. You can pay for your goods in numerous ways as set out below. Depending on the payment method and the place of delivery you choose additional costs such as shipping charge and terms may apply.

2. You can credit card, debit card, upi, PayPal, razorpay.

3. You will receive your receipt/tax invoice in the order delivered e-mail as well as in the order package delivered to you.

4. You are requested to see our Privacy Policy to see how your personal information will be used and stored.


DELIVERY

1. So, when will my order arrive, you wonder? In the approval mail you will be informed of the estimated delivery details along with all the relevant information about your order. 

2. Even though we do our very best to deliver within the communicated time frame, delivery may sometimes take longer due to unexpected events. If your order does not arrive by the estimated time of delivery, please contact us at admin@thekinen.com and they will try their best to help you.

3. Sometimes life gets in the way, and you forget to respond to the carrier. That's fine, we've all been there. However, if your order cannot be delivered after 3 attempts, the order shall be returned back to origin. Subsequently, your order amount will be automatically refunded to you in the original form of payment. 

4.
KINEN reserves the right of not delivering the order to you in case of force majeure events, political unrest or other unforeseen circumstances. In any case, if the internet is functioning in our area of functioning, we will mail you the details of the delay. You will be awarded with two options; You can either wait for the product or you can seek credit note for the product.

5. Whereas in cases where your order is successfully placed on the Online Store and subsequently your location or pin code becomes temporarily unserviceable and incase the order has already been picked up by the delivery partner, then the delivery partner will attempt delivery with extended timelines if the specific dates for delivery are clearly available. However, if there are no specific timelines available, then the parcel will be returned to the origin and the refund process will be initiated.

6. In case your order is placed and if your location or pin code is not serviceable before the order has been packed, then Kinen will cancel your order and notify you through email and a refund shall be initiated to you upon such cancellation. 

RETURNS

1.
Changed your mind? No problem. You have the right to return any or all items in your order for any reason at all, by notifying us and returning the items within 15 days after your receipt of the order.

2. You can return your order by simply mailing us a return request provided it is unused and has the tags and labels intact.

3. Please include the correct and complete item in the parcel, otherwise we will not be able to process your return. We want to highlight that you can only return items purchased from the Online Store. You cannot return/ include items purchased from our physical stores in the parcel. 

4. If you choose to make a return, you can mail us at admin@thekinen.com. The shipping cost will not be refunded.

5. The refund will be made to the same payment method you used to place the order, within 10-15 days of us receiving the items back. If you have not received your refund within 30 days, please contact Customer Service and we will help you.

6. We will give you a full refund for any returned item provided that it is returned in the same condition as it was in upon your receipt. If an item in any way has been damaged, soiled, washed, altered or worn (other than to try the item on) and the value of the item has been reduced, in such cases we offer no refund. 


DEFECTS

1. If there are defects in the goods you have purchased, Kinen abides by all statutory regulations. If you have a complaint regarding obvious material or manufacturing faults in goods that we have supplied, please let us know by returning the goods to us by initiating the return process by writing at admin@theKinen.com.

2. If an item you have received is defective and you notice the defect within 15 days after your receipt of the item, you may return the item and cite the reason for the same. A video is mandatory in case there is defect from our side.


OUR LIABILITY

1. All reasonable efforts are made to ensure that information in our Online Store is accurate, complete, and current at the time of uploading on the Online Store. Despite our best efforts, information may occasionally be inaccurate, incomplete or out of date. Hence, we do not guarantee the accuracy of the Information and to the extent permitted by applicable law, Kinen disclaims all representations and warranties, express or implied, that content or information displayed in or on the Online Store is accurate, complete, up-to-date and/or does not infringe the rights of any third-party. 

2. We do our best to accurately display and describe the attributes of our products in the Online Store regarding measurements, composition and colours. 


3. However, the colour you may see depends on your device. Our measurements are only approximate values to better estimate the model or fit of that specific item. It is not a guarantee of the actual measurements of the item you receive since the final measurements may vary depending on the material used in its production. If you are not satisfied with the item you ordered, you may return the item.

4.
What happens when things go really wrong? In case an event beyond our control occurs, and which we are not able to reasonably overcome or anticipate, we will no longer have an obligation to fulfil our contract with you. Such an event might include government action or omission, new legislation, labour law conflict, war or danger of war, major disturbance of public order, sabotage, extreme weather conditions, fire, explosion, pandemic, epidemic, virus, and natural disasters. If any of these events occur, we are not obliged to compensate you for any damages. The same would be intimated to you via email.

5. Kinen accepts no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Terms or your use of the Online Store.

6. You agree to indemnify and hold harmless Kinen and (as applicable) Kinen's affiliates, third-parties and their respective directors, agents, and employees, from any losses, liabilities, damages, costs and expenses, claims or demand, or actions including reasonable attorneys' fees asserted against or incurred by Kinen, made by any third party arising out of your breach or non-performance of the. Terms, or your violation of any law, rules or regulations or the rights of a third party.

7. Nothing in these terms shall exclude or limit Kinen's liability with regard to any matter for which it would be unlawful for us to limit or exclude our liability.

8. Kinen accepts liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents. If we breach these Terms, we shall only be liable for losses which are a reasonably foreseeable consequence of such breach.

9. Kinen is not responsible for indirect losses which are a side effect of the main loss or damage, for example loss of profits or loss of opportunity; or for failure to deliver the goods or to meet any of our other obligations under these Terms where such failure is due to an event that is beyond our reasonable control, which includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident and terrorist activity.

10. Our maximum liability to you for any loss or damage arising in connection with your order on the Online Store  shall be limited to the total price of your order.


COMPLAINTS AND DISPUTE RESOLUTION

1. If you have a complaint regarding any of our products or services, please let us know by contacting Customer Service via email at admin@thekinen.com.  


SEVERANCE

1.
Subject to applicable law, if any clause in these Terms is found to be unenforceable for any reason, this will not affect the enforceability of any other clause in these Terms. GOVERNING LAW AND DISPUTE RESOLUTION  

2. These terms and conditions are governed by and construed in accordance with the laws of India.

2. Any dispute that arises out of or is related to the interpretation of these terms and conditions, shall be subject to the exclusive jurisdiction of the Indian courts in New Delhi, India.


ASSIGNMENT

1.
Kinen reserves its right to assign or pledge to third parties any claim(s) for payment which may have arisen in connection with the delivery of goods. 


COMMUNICATIONS

1.
You hereby consent to receiving communications including news, delivery and return related updates, offers/ campaign related messages from us to the email address and/or the mobile phone number provided by you. 

2. Further, by accessing and using the Online Store, you explicitly consent to receive such communications whether through call, email or through any other digital /electronic means from us and/or our authorized representatives. 

INTELLECTUAL PROPERTY

1. All trademarks, copyright and other intellectual property rights in all content including brand names and logos or software contained on the Online Store, including emails or any other form of communication with you is protected by copyright right laws and shall remain at all times vested in Kinen.

2. You are permitted to use the content posted on our website only to the extent authorized by Kinen. 

3.
Kinen may provide the functionality to allow you to provide product ratings and reviews (“User Content”) in relation to its products. 

4. In such a case, you are solely responsible for such User Content, and the customer warrants that any User Content posted by you is accurate and that you are the sole author. 

5.
You hereby assign to us all intellectual property rights in any User Content posted on the Online Store. Kinen reserves the right to remove User Content which in its sole opinion is deemed to be
incorrect, offensive, illegal, or otherwise unacceptable.

COMPANY DETAILS
Name :
Kinen Clothing

Address :
124, Arihant Nagar,
West Punjabi Bagh
110026

Website :
www.thekinen.com