INVITATION OF OFFER AND ACCEPTANCE OF OFFER:

  1. All products and information displayed on Website are the invitation to offer and not an offer by Sellers/Seller s. Your order for a purchase of any products constitutes your offer which shall be subject to Terms and conditions as listed on the website and Modest21 reserves the right to accept or reject your offer in part or in full.
  2. Acceptance of your order for purchase by Modest21 will take place upon dispatch of the product(s) ordered. For the avoidance of doubt, no act or omission by Modest21 prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.
  3. In case you are ordering multiple products then dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by Modest21 and the balance would continue to be an offer by customer to Modest21 and Modest21 reserves the right to accept or reject such balance order.
  4. We may also require additional verifications or information before accepting any order. If you have provided us with your contact details such as mobile number, phone number or e-mail address, we may call you or send you an e-mail or use any other mode of communication for obtaining additional information from you to accept your order.
  5. Modest21 may either call you or send an e-mail or through any other mode of communication notify you, as soon as possible, the (i) receipt of your order; or (ii) confirm dispatch of product(s) and acceptance of your order. You can track the package through the ‘Order Tracking’ facility available on the Website.
  6. With respect to the product(s) sold on the Website, we receive payment from you before your order has been shipped. If for any reason, we are unable to deliver you the product(s), as per your order, we will inform you about the same and even refund the value of the product(s) not available or incapable of delivery. In the case where the product(s) are sold on the Website but payment terms are ‘Cash on Delivery’ then Modest21 will only inform you about its inability to accept your offer.
  7. Modest21 processes one shipping address per order. Therefore, if you would like to order several items and have these items shipped to different people, Modest21 will treat each shipping address as separate orders.

 

  1. EXACTNESS NOT GUARANTEED:

 

  1. Modest21 hereby disclaims any guarantees of exactness as to the finish or appearance of the product/merchandise as ordered by you
  2. There is also a possibility that you may need to alter the merchandise to ensure that it properly fits you due to variation in the size of the merchandise that may vary from one brand to another.
  3. Modest21 endeavors to provide you with merchandise which is of the best quality. However, Modest21 does not take any guarantee that the merchandise will meet your expectation as there may be variation in each piece. As modest21.com is a marketplace hence items are by suppliers and same clauses will apply to them as well.
  4. Modest21 being a marketplace has taken all steps by instructing its sellers that they must try their best to ensure that the colour, size, shapes, design and other features of the products/merchandise that are displayed on our Website is accurately reproduced so as to resemble the actual product. However, the graphical display i.e. visuals of the products/merchandise would be dependent upon the configuration of your computer resource. Modest21 does not guarantee that the colour of products/merchandise displayed on the Website in your computer resource accurately represents the actual product/merchandise. There is also a possibility that the quality of any products purchased or obtained by you through the Website may not meet your expectations.
  5. Modest21 including its sellers expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, Seller ability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product information and/or specifications) on the Website.
  6. While we have taken precautions to avoid inaccuracies in content; this Website, all content, information, software, products, audio or video and related graphics are provided as is, without warranty of any kind. Modest21 is not obligated to provide any physical preview of the object either before or after the sale.

 

  1. LIMITATION OF LIABILITY:

 

  1. Modest21 is not liable to compensate you if the quality of any products/merchandise purchased by you through the Website did not meet your expectations. At the most, Modest21 may allow you to return the product in exchange for another product as per the terms prescribed under Modest21’s “Return and Exchanges Policy”.
  2. You cannot ask from Modest21 any special, incidental, indirect or consequential damages or compensation of any kind, for any reason, including but not limited to:
  • any variation in the finish or appearance of the final product/merchandise;
  • any delay in delivery caused by unforeseen circumstances or Force Majeure events;
  • any missed opportunities to avail certain discounts;
  • any issue with courier companies or our delivery partners or their personnel;
  • any gift/discount voucher which got deactivated upon reaching the expiry date;
  • unavailability of items which you tried to purchase etc.
  1. Without prejudice to aforesaid, the aggregate liability of Modest21, its contracted parties, employees, consultants, etc., in connection with this policy shall be limited to the value of the relevant Product(s) purchased by you through the Website.

For example: Your purchases aggregate to INR. 100,000 consisting of several products say Product A (costs INR 25,000), B (costs INR 45,000), C (costs INR10,000) and D (costs INR 20,000).  If Product B is found to be damaged or unsuitable for usage by the customer, Modest21’s liability shall be limited to INR 45,000 only.

  1. Unreasonable and unlawful requests in addition to return or exchange, over and above the entitled refund, will be treated as loss to Modest21 and Modest21 reserves the right to cancel orders or block accounts of such customers without any prior notice.

 

  1. PRICING:

 

  1. Modest21 will endeavour to provide you with the best prices possible on products and/or merchandise. However, Modest21 does not guarantee that the price will be the lowest in the territory from where you are placing the purchase order. The prices mentioned on the Website are not subject to comparison with the same or similar product(s)/merchandise(s) available at Modest21 stores or through any other online or offline sale.
  2. The pricing is subject to Modest21’s internal pricing policy and the prices shall be determined only at the sole discretion of Modest21. Thus the prices are subject to change at any time, without any notifications. Further, the prices and availability of product(s)/merchandise(s) are liable to change without any prior notice from Modest21.
  3. All references to ‘Rupee/INR’ on the Website refer to Indian currency. Prices mentioned on the Website for domestic sale i.e. sale of a product(s) within India may be different from the prices of similar products intended for international sale i.e. outside India.
  4. Unless otherwise mentioned, the price displayed on the Website for any product(s) in INR represents the full price of the product(s) to be shipped in India.
  5. Unless otherwise mentioned, the price displayed on the Website for any product(s) in foreign currency represents only the price of the product(s) to be shipped outside India and excludes charges towards foreign shipping cost, any custom fees, import duties, taxes and levies which would be extra. It may be noted that in case of an international sale, Modest21 cannot provide the quantum of any customs fees, import duties, taxes and levies.  Further also take note that the actual amount to be paid by you as an international purchaser will be the equivalent amount in the currency of your credit card/debit card, as per the currency conversions done by your bank/credit card/debit card provider on the date of billing.

 

  1. TAXES AND DUTIES:

 

  1. For domestic deliveries, i.e., delivery of product within India, all taxes and duties are included in the price of the product set out on the Website.
  2. For international deliveries, i.e., delivery of product outside India, is undertaken on a DDU (Delivery Duty Unpaid) basis, which means product prices displayed are exclusive of all import duties, custom fees and local taxes. As the recipient of the product, you are liable for all import duties, customs fees, local taxes levied by the country. Payment of these taxes or duties is necessary for delivery of product(s). We are unable to advise what amount this would be as duties vary from country to country.

 

  1. MISPRICING OR NON-AVAILABILITY:

 

  1. The data/product(s) made available through the Website may include inaccuracies or typographical errors including but not limited to the description of the product(s), the availability of product(s) or the pricing of the product(s). These inaccuracies or discrepancies may go unnoticed until after you have placed the order. If we discover a mispricing, we will do one of the following:
  2. If the actual price of the product(s) is lower than the price mentioned or listed on the Website, Modest21 will charge the lower amount and ship you the product(s). In such cases, Modest21 will refund the excess amount charged. In case where the product(s) are sold on the Website but payment terms are ‘Cash on Delivery’ then Modest21 will charge you the actual i.e. lower amount.
  3. If the actual price of the product(s) is higher than the price mentioned or listed on the Website then unless the product(s) has already been dispatched, Modest21 shall at its sole discretion inform you by e-mail/call/letter about the correct price and seek instructions from you as to whether you would like to cancel your order or pay the balance amount. If you elect to cancel the order, Modest21 shall, refund the payment made by you. However if you elect to pay the differential amount, Modest21 shall process your order;
  4. Modest21 shall refuse and cancel orders placed by you due to non-availability of product and inform you about rejection of your order. Modest21 will refund you the payment made by you;
  5. With respect to reversal/refund of any payment by Modest21 under Section 7(b), Section 7(c) and Section 7(d), Modest21 will give necessary instructions to the payment gateway within 5 working days. It is pertinent to note that the payment gateways may take upto a month to credit such amount to your account.

 

  1. NON-ACCEPTANCE OR CANCELLATION OF ORDER:

 

  1. Non-acceptance of order by Modest21.com:

 

  1. Modest21 may not be able to accept certain purchase orders. Modest21 reserves the right, at its sole discretion, to refuse or reject your offer to purchase for any reason including but not limited to:
  • limited inventory/quantities of product(s) available for purchase; or
  • inaccuracies or errors in description of product or pricing information; or
  • any defect found in the quality of the product; or
  • non-receipt of additional information requested by Modest21; or
  • non-receipt of payment from credit card/debit card/bank due to insufficient funds; etc.
  1. Modest21 will contact you if all or any portion of your order is cancelled. If your order is cancelled after receipt of payment from you, the said amount will be refunded.
  • Modest21 shall not be liable to you for any direct or indirect, punitive, incidental, special, consequential or exemplary loss suffered by you due to non-acceptance of your offer to purchase the products or delay in refund of your money or delay in informing you about non-acceptance of your order.

 

  1. Cancellation of order by you:

 

  1. After placing an order, you can cancel the order within 24 hours of placing such order. You are not allowed to cancel the same after 24 hours of placing such order. However, in case Modest21 receives any requests for cancellation of any order beyond 24 hours, Modest21 reserves the right to accept or reject request for order cancellations for any reason. If you have placed the order as a:
  • registered user, you will be allowed to cancel the order by clicking the ‘Cancel’ button displayed under “My Order Tab” on the Website after you login. Please note that ‘Cancel’ button will be de-activated after the lapse of 24 hours;
  • guest user, you will have to initiate the cancel procedure by writing an e-mail to contactus@Modest21fashions.com within 24 hours of placing such order.
  1. As part of usual business practice, if Modest21 receives a cancellation notice within 24 hours of placing the order, Modest21 shall refund the entire amount.
  2. As part of usual business practice, if the order has not been processed/approved by Modest21, Modest21 reserves the right to cancel the order and refund the entire amount back to you.
  • In case the order has been processed and dispatched, Modest21 in its discretion may initiate cancel the order and issue a store credit (“Modest21 Wallet”) for an amount equivalent to the purchase price of the product returned only upon (A) receipt of the product within 10 days from the date of delivery of product to you; (B) through inspection of the product by Modest21 officials; and (C) Modest21 being satisfied that the product has been returned in proper condition. Please also read Modest21’s ‘Returns & Exchange’ policy.

 

  1. DELIVERY:

 

  1. We require signature of the person ((i) yourself; or (ii) intended recipient in case of gifts; or (iii) any person known to you/intended recipient who is present at the time and place of delivery and accepts delivery on your behalf/intended recipient to whom products have been delivered) as acknowledgement of delivery of the products so ordered. Once we have an acknowledgment, the ownership in the products passes on to you/intended recipient.
  2. Modest21 cannot guarantee delivery of product(s) to post office box (“P. O. Box”) addresses and take no responsibility for non-delivery of orders in case the delivery address includes P. O. Box details in any part or form. If Modest21 cannot deliver products to the P. O. Box, Modest21 will inform you about non-acceptance of your order and refund the payment made by you.
  3. Modest21 shall not be liable for any delay/non-delivery of the product(s) purchased due to any reason which is beyond its reasonable control. It is therefore advisable that you place orders well in advance.
  4. Modest21 shall not be liable for any non-delivery of the product(s) purchased on account of erroneous details provided by you to Modest21 such as wrong recipient name, recipient address or contact number, etc.
  5. If the product is returned to Modest21 as undelivered due to wrong address, Modest21 shall be entitled to extra cost for resending the product(s) to the correct address. The extra cost towards re-delivery shall be paid upfront by you and the delivery time shall be extended.
  6. With respect to refund of any payment by Modest21 under Section 9(b), Modest21 will give necessary instructions to the payment gateway within 5 working days. It is pertinent to note that the payment gateways may take upto a month to credit such amount to your account.

 

  1. 9. MISCELLANEOUS:

 

  1. By placing a purchase order for a product on the Website, you agree that you are accessing the product(s) available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction with Modest21 through this Website.
  2. Before placing an order on Modest21 you are requested to carefully read the description of product(s), product specific conditions, the Terms and various policies including ‘Returns and Exchange Policy’.
  3. As practice Modest21 returns money into the same bank account/debit card/credit card account from where it received the payment. However, in exceptional cases, Modest21 may in its discretion and subject to certain conditions entertain your request to for transfer/refund money into any other credit card/debit card/bank account as applicable