TERMS & CONDITIONS
Welcome to "The Pink Moon". This website is owned and operated by The Pink Moon team; a clothing brand registered in India as an online store. We focus on creating clothes that are all about making you feel great about yourself. We aim to bring you a product that combines breathable fabrics. Our range and depth cover women of size 12+ from daily basic to workwear brands.
All products available on this website are made in India. By accessing or using the website or the mobile application or any other media ("Website"), whether automated or otherwise, you, a registered or guest user in terms of the eligibility criteria set out herein you (“User”) agree to be bound by these Terms and Conditions (“Terms”) and any additional terms and conditions of third-party sellers (“Sellers”).
The Website is operated by Tailwind Fashions, a company incorporated under the laws of India having its registered office at 56,1st A Main, 1st Block, RMV 2, Bangalore 560094. All references to the Website in these Terms shall be deemed to refer to the aforesaid entity in inclusion of the online portal.
Eligibility to use :
Any minor (below 18 years of age) desirous of using or transacting on the website is required to conduct such a transaction through their legal guardian or parents. Hence, use of the website is available only to those who can legally contract under the Indian Contract Act, of 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents, etc., shall not be eligible to use the website.
Products:
The Website operates as a marketplace and merely provides an online platform for various Sellers to advertise, display, make available, and sell various Products (including services ancillary to the products and services), vouchers, and services to uers of the Website (“Products”).
All Products exhibited on the Website are on an “as is” and “as available” basis. Images of products are for and by reference only and the actual Product may vary from the corresponding image exhibited. The Website disclaims any liabilities arising out of any discrepancies to this end.
The Pink Moon hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the User. The quality of any products, Services, information, or other material purchased or obtained by you through the Website is not endorsed or supported by The Pink Moon and is the sole liability of the respective Seller. Alterations to certain aspects of your order such as the merchandise brand, size, colour, etc. may be required due to limitations caused by the availability of product differences in size charts of respective brands, etc.
Prices for Products are subject to change without prior notice, and at any time whatsoever, irrespective of whether an item has been earmarked/wish listed by a User. The Website disclaims all claims and/or liabilities arising from such revision in prices.
Discount :
One-Time Use Only: Each discount code can be used only once. Once it's used to apply a discount to an order, it cannot be reused for future orders.
Treated as Used: Even if an order is cancelled after a discount code has been applied, the code is considered "used" and cannot be used again. This is to prevent customers from exploiting the system to receive multiple discounts for the same code.
Can Be Used Only One at a Time: Customers are not allowed to apply multiple discount codes to a single order. Only one discount code can be applied per order.
User Data Retention
We maintain a record of your order for our records when you place your order, unless and until you ask us to delete this information.
Cancellation
To provide- a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity.
The Pink Moon accepts cancellation of orders only before shipping
The Pink Moon may cancel any orders that are classified as 'Bulk Order' (Products ordered are not for self-consumption but for commercial resale) under certain criteria at any stage of the product delivery.
Shipping, Returns, and Refunds
Shipping: We offer complimentary shipping for all prepaid orders, ensuring a seamless shopping experience. For added convenience, cash on delivery (COD) is available with a flat Rs.150 shipping fee. Your satisfaction is our priority, and we aim to deliver not only exceptional products but also a convenient and transparent shopping process.
Returns: Initiate returns within 7 days of delivery. Items must be unused, with intact tags, and in original packaging. Your satisfaction is vital, and adhering to guidelines aids efficient processing.
Refunds: Once items reach our warehouse, refunds are processed within 10 working days following investigation.
The Pink Moon will not be liable for products returned by mistake. In circumstances where a product not belonging to us is returned by mistake, we are not accountable for the misplacement or replacement of the product and is not responsible for its delivery back to the User.
Applicable Law:
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts in Bangalore shall have exclusive jurisdiction in respect of any matters arising therefrom.
Intellectual Property Rights
Intellectual Property Rights (“IPR”) for the purpose of these Terms shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, source code, technical data, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and further shall also include but not be limited to all text, graphics, user interfaces, visual interfaces, sounds, and music (if any), artwork and computer code in relation to the Website.
All IPR on the Website exclusively belongs to either the Website or the third party sellers and suppliers, as the case may be. Under no circumstance shall any User infringe in any way such IPR of the Website, a third-party supplier or Seller during or pursuant to its use of the Website for any purposes whatsoever.
All those IPR arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of thepinkmoon.in and/or its affiliates as the owner of such domain name.
The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its owners/permitted assigns, as the case may be.
Every User hereby grants thepinkmoon.in a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, publish, transmit, reproduce, modify, adapt any content provided or created by the User. thepinkmoon.in shall have no liability for any infringement of intellectual property rights with respect to such content created by the User.
Except as expressly provided herein, the User acknowledges and agrees that it shall not copy, republish, post, display, translate, transmit, reproduce or distribute or in any other way infringe any Intellectual Property Right through any medium without obtaining the necessary authorization from the Website or the thirty-party owner of such Intellectual Property Right.
Force Majeure: If performance of any Service under these Terms by the Website is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the website, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the Website and could not have been prevented by reasonable precautions then the Website shall in toto be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the Website of its obligations herein.