Please read this page carefully. By visiting or using www.PreLovedPitaras.com, you agree to all the Terms and Conditions here and elsewhere on the website.

01. This website and the brand PreLoved Pitaras is conceptualized and operated by PreLoved Pitaras LLP., is governed by the limited liability partnership Act 2008 at 10/D Kassel Braun Apartment Vesu Surat, Gujarat – 395007. PreLoved Pitaras are collectively referred to as “PreLoved Pitaras”, which term shall be deemed to mean and include all its successors and assigns.

02. These Terms and Conditions, together with the Abridged Terms and Conditions, Privacy Policy, Disclaimer, specific Item (defined below) or Product (defined below) related terms, and any other terms, appendices, payment policy, and terms of use referred to in any of these documents, constitute a legally binding agreement, as amended, supplemented, varied or replaced from time to time (“Agreement”) between PreLoved Pitaras and the “User”, i.e., any natural or legal person (including their heirs, administrators, successors and assigns) who has visited and/or registered on the PreLoved Pitaras website and domain name www.PreLovedPitaras.com (“the Website”) and consequently includes those Users who have purchased Products on the Website (“Buyer”) and/or sale a bid on the Website (“seller”),

03. This document is an electronic record under the provisions of the Information Technology Act, 2000 and Rules framed there under, including the Information Technology (Intermediaries Guidelines) Rules, 2011 (as applicable and as amended from time to time). This electronic record is generated by a computer system and does not require any physical or digital signatures. The acceptance of the Agreement, including these Terms and Conditions is a prerequisite to the usage of the Website and by using the Website in any manner whatsoever, the User confirms his/her/its acknowledgement and acceptance to the Agreement and agrees to be bound by the same as it would any other contract and/or legally binding agreement.

04. The use of the Website is available only to persons competent to contract as specified under LLP Act, 2008 and all persons incompetent to contract, including minors, are ineligible to use the Website. The acceptance of these Terms and Conditions necessarily implies that the User is not under the age of 18 years and shall not sell for any Item and/or purchase any Product on the Website, otherwise than through a guardian who is competent to contract. PreLoved Pitaras reserves the right to terminate any registration and/or refuse access to the Website if at any time it is discovered that a user is below the age of 18 years and/or otherwise not competent to contract in terms of the Indian Contract Act, 1872.

05. So long as the User complies with the Agreement, including these Terms and Conditions, the User is granted a personal, non-exclusive, non-transferable and limited privilege to enter and use the Website.

06. If at any time prior to making a purchase and/or placing a bid, the User does not wish to be bound by the Agreement, including these Terms and Conditions, the User may reject the same by emailing PreLoved Pitaras at prelovedpitaras@gmail.com. Additionally, any such User is not to use the Website and/or purchase any Product and/or avail of any services in relation to the Website and/or place a bid for an Item and/or participate in any auction.

Registration

07. Registration is optional for Buyers purchasing the Products available for sale on the Website, which may by physical, virtual or experience-based items (“Product”), but PreLoved Pitaras requires registration for those Users who wish to submit sell for products and/or experiences on the Website (“Items”) available for auction. When registering, the User may be required to provide certain information, including [a] name; [b] email address; and [c] mobile number, which may be subject to verification by OTP. At the time of bidding, the User would also be required to confirm that he/she is above the age of 18 years. Users may also be provided with an option to enter in a username and password, or to log-in to the Website using his/her google or facebook credentials.

08. By registering with PreLoved Pitaras, the User accepts that:

• a. the information provided is complete, true and correct;
• b. it is the User’s responsibility to promptly inform PreLoved Pitaras, by emailing prelovedpitaras@gmail.com, of any change in the aforesaid information;
• c. PreLoved Pitaras may suspend and/or terminate any User account should it have reason to believe that the information provided is incomplete and/or false and/or an impersonation of any nature whatsoever;
• d. the User is responsible for maintaining the confidentiality of the login information and password and will not hold PreLoved Pitaras responsible for any failure and/or delay on the part of the User to:
  [i] intimate PreLoved Pitaras of any unauthorised use and/or breach of security of the account; or
  [ii] log out of the account promptly at the end of each session.

09. To be recognised as a registered member, the User will be required to login using the login credentials set up at the time of registration. At this time, the User may be alerted to optionally have the User’s login credentials remembered on the Website to expedite future logins. Should the User choose to exercise this option, the User accepts that cookies would be placed on the User’s browsers.

Terms of Sale for purchase of Products

10. All Products are sold strictly on an ‘as is, where is’, ‘as is, what is’, ‘with all faults’ and ‘as available’ basis.

11. User accepts the authenticity of the Product, as made available by PreLoved Pitaras.

12. Subject to Clause 81 below, the title in the Product will pass to the Buyer only on receipt of full payment and requisite documentation and until such time, the product will be retained with PreLoved Pitaras.

13. PreLoved Pitaras disclaims all other representations, warranties, conditions and duties, express, implied or statutory, including but not limited to implied warranties, duties or conditions:

•  (a) of merchantability, fitness for a particular purpose or use, results, title and non-infringement; and
  
• (b) created by trade usage, course of dealing or course of performance.

14. In cases where PreLoved Pitaras is the seller of a Product:

Placing an order on the Website is an offer to buy and does not imply PreLoved Pitaras’ acceptance of the offer. PreLoved Pitaras retains the right to cancel such orders by intimating the User by email, phone or text message. PreLoved Pitaras will have absolute discretion to cancel the purchase at any time prior to the delivery of the product, without assigning any reason whatsoever. In the event that PreLoved Pitaras exercises such right to cancel the order, PreLoved Pitaras shall refund any amounts paid by the Buyer when placing the order.

15. In cases where the Product is listed and managed by or on behalf of a third-party seller:

PreLoved Pitaras acts solely as a facilitator and is not a party to the transactions conducted through the Website. In such cases, PreLoved Pitaras does not control and is not liable for:

• [a] any information provided or omitted by the seller;
  
• [b] any Products or services provided by the seller; or
  
• [c] any breach of contract between the User and the seller.

16. In cases where Products sold are affiliated with promotional offers:

By purchasing a Product affiliated with a promotional offer, the User accepts the Product offered in consideration for the amount paid, in full and final settlement of the transaction. Such purchases are non-refundable. Promotional offers may include additional stipulated conditions, which are deemed to be accepted by the Buyer.

17. Users may be directed to a third-party website to view a Product and re-directed to the PreLoved Pitaras website to view Product details and/or to complete the transaction. These Terms and Conditions shall continue to apply to the User in the event of such re-direction.

Terms of Payment for Products Offered for Sale

18. By placing an order on the Website, the Buyer accepts full responsibility to pay not only the purchase amount but additionally all applicable taxes, plus any charges relating to shipping, storage, insurance, import–export permissions, bank transfer fees and/or any other applicable costs.

19. Payment must be made through cheque or bank transfer within the stipulated time frame, as may be applicable for certain items. Failure to do so will result in PreLoved Pitaras not recognising the said purchase.

20. All invoices will be raised by PreLoved Pitaras based on the information provided by the Buyer.

Shipping and Delivery

Products Sold

21. The information provided by the Buyer at the time of purchase/registration, as may be amended, shall be deemed to be the final shipping address for delivery of the Product, unless specific instructions to the contrary are communicated by the Buyer to PreLoved Pitaras and PreLoved Pitaras has conveyed its acceptance of such communication to the Buyer before the purchase is made.

22. A purchase shall be deemed invalid if payment has not been made immediately. Accordingly, until receipt of (a) full payment from the Buyer, including any additional charges, and (b) all complete documentation (relating to transportation, tax, etc.) as may be reasonably requested, no product will be shipped by PreLoved Pitaras.

23. In all cases, PreLoved Pitaras, at its discretion, engages various reliable and reputable courier partners to pack, handle, and deliver the products. Nevertheless, in the event of loss or damage to the product of any nature whatsoever while in transit, the Buyer acknowledges and confirms that PreLoved Pitaras is not liable for such loss or damage, and the Buyer shall not claim any sum whatsoever from PreLoved Pitaras, whether by way of costs, losses, or damages, as this is entirely independent of the original contract between PreLoved Pitaras and the Buyer.

24. The Buyer agrees that it shall accept the proceeds of any insurance claim that may be settled or sanctioned by PreLoved Pitaras’ insurance company, if applicable for the concerned item, as full and final settlement.

Communication

25. The User understands that he/she/it is communicating with PreLoved Pitaras electronically by using the Website or by emailing us.

26. PreLoved Pitaras may communicate with Users through, inter alia, the website, email, phone calls, and text messages regarding transactional, promotional, or commercial information

Limitation of Liability

27. PreLoved Pitaras is not responsible for any loss of access to the Website and/or its services and/or any time lag between the placement and receipt of any payment, order, or bid due to failure and/or delay of networks, heavy internet traffic, or any temporary hardware or software failure. PreLoved Pitaras reserves the right to determine when online and mobile bids and/or purchases are deemed to have been recorded or made.

28. While PreLoved Pitaras makes reasonable efforts to ensure the accuracy and integrity of the Website and the information contained therein, there may be instances of human error and/or inaccuracies in the information provided or omitted. Any statement made by PreLoved Pitaras does not constitute a representation, warranty, or assumption of liability of any kind. The User’s use of the Website is entirely at his/her/its own risk. If any such inaccuracy is identified, the User may notify PreLoved Pitaras by sending an email to prelovedpitaras@gmail.com so that corrective action may be taken. PreLoved Pitaras does not warrant that the Website is accurate, complete, reliable, current, or error-free.

29. While PreLoved Pitaras takes reasonable steps to maintain the security of its Website, PreLoved Pitaras does not represent or warrant that the Website or its servers are free from viruses or other harmful components.

30. With respect to the above, PreLoved Pitaras (including its directors and/or employees and/or affiliates and/or agents and/or representatives and/or subcontractors) shall not be liable for any loss and/or liability resulting, directly or indirectly, from this Agreement, or from delays or interruptions caused by electronic or mechanical equipment failures, traffic congestion, obstruction of any public or private road, telephone interconnect problems, defects, or events of force majeure beyond the control of PreLoved Pitaras. Such events include, but are not limited to, weather conditions, earthquakes, floods, fire, other acts of God, strikes, lockouts, walkouts, riots, armed conflicts, acts of war, acts of government, explosions, accidents, civil commotion, industrial disputes, bandh(s) instituted by any person including a political party, or other similar causes. PreLoved Pitaras shall have no responsibility to provide the User with access to the Website while such interruption continues.

31. PreLoved Pitaras shall, in no circumstances whatsoever, be liable for any direct, indirect, punitive, incidental, special, or consequential damages of any nature whatsoever, including but not limited to damages for loss of use, data, profits, goodwill, or other intangible losses arising out of or in any manner connected with the use or performance of the Website or its content; the delay or inability to access or use the Website or related services; the provision of or failure to provide services; or any content, software, products, or services made available or obtained through the Website. This applies whether such liability is based on contract, tort, negligence, strict liability, or otherwise, even if PreLoved Pitaras has been advised of the possibility of such damages. Any services or content made available or obtained through use of the Website, and all other use of the Website, are at the User’s sole discretion and risk. The User shall be solely responsible for any damage to his/her/its computer system or loss of data resulting therefrom. It is expressly clarified that PreLoved Pitaras (including its directors and/or employees and/or affiliates and/or agents and/or representatives and/or subcontractors) shall not be liable for any loss, harm, injury, damage, or liability resulting, directly or indirectly, from the offering, accepting, awarding, selecting, providing, use, misuse, condition, inaccessibility, loss, or misdirection of any Item and/or Product, whether associated with a sale, an auction, a promotional offer, or otherwise.

32. The Website may include external and/or third-party links, including advertisements. It is the responsibility of the User, and the User shall be deemed to have acquainted himself/herself/itself with the privacy policies and terms and conditions of such third-party websites. PreLoved Pitaras does not vouch for, endorse, or accept responsibility for the information contained therein.

33. User information may be shared with third-party sellers. PreLoved Pitaras does not warrant, endorse, or assume responsibility for any third parties, including but not limited to sellers, NGOs, individuals, or companies mentioned or featured on the Website.

34. Should the User at any time be dissatisfied with the services provided on the Website, its contents, the terms of use, or this Agreement (as amended or modified from time to time), the User’s sole and exclusive remedy shall be to discontinue use of the Website.

35. Notwithstanding any provision contained in this Agreement, PreLoved Pitaras shall not be liable in any manner whatsoever for the condition of any Item that is previously worn or otherwise previously used and expressly described as such.

36. PreLoved Pitaras is not obligated to provide any physical preview of the Items/Products either before, during, or after sale. In the unlikely event that PreLoved Pitaras determines there is a significant variance between an Item/Product and its description and/or appearance on the Website, PreLoved Pitaras will contact the Buyer by email informing him/her/it of the same and will await a response for a period of 72 hours.

37. Occasionally, experiences may be cancelled, delayed, or postponed for a variety of reasons. The User hereby agrees and acknowledges that in all such cases, PreLoved Pitaras shall not, in any manner whatsoever, be held or deemed responsible for the same.

Indemnity

38. The User hereby agrees to indemnify, defend, and hold harmless PreLoved Pitaras, its subsidiaries, successors, assigns, and their respective affiliates, agents, directors, officers, employees, and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, arising out of or resulting from:

• a. any violation of this Agreement, including these Terms and Conditions;
• b. any violation of applicable laws;
• c. any violation by the User of the rights of third parties, including infringement of Intellectual Property Rights;
• d. any activity related to the User’s account, whether carried out by the User himself/herself/itself or by any other person and/or entity accessing the User’s account without the User’s consent, unless such activity is caused by any action or omission of PreLoved Pitaras.

This provision shall survive the termination or expiry of this Agreement.

39. Notwithstanding anything contained elsewhere in these Terms of Use and without prejudice to any other remedies available under applicable law, in the event of fraud, PreLoved Pitaras shall be entitled to claim an appropriate sum towards damages and compensation from the User and any other responsible party, jointly and severally, including compensation for loss of profits, if any.

Intellectual Property Rights

40. All intellectual property on the Website, including but not limited to trademarks, logos, sound, photographs, artwork, music, and/or any and all text, graphics, User interfaces, visual interfaces, and media of all types (collectively, “Website Content”) belongs to PreLoved Pitaras, which is the absolute owner of the same. Accordingly, Users are cautioned against any unauthorized use of the Website Content, and the User agrees as follows:

• a. the User shall not modify and/or reproduce the Website Content in any manner whatsoever;
• b. while the User may forward a link/URL from the Website to third parties for private, non-commercial use, the User shall not make any Website Content available for public access by any means whatsoever without prior written permission from PreLoved Pitaras;
• c. the User shall not copy and/or transmit, for commercial purposes, any part of the Website;
• d. the User shall be liable to PreLoved Pitaras for any unauthorized infringement of intellectual property rights in the Website Content by such User.

41. Nothing contained in this Agreement shall give or be deemed to have given, whether directly or by implication, any right, title, or interest in or to the ownership or use of any intellectual property, whether registered under applicable law or otherwise, in the Website and its associated components.

Breach of the Agreement

42. In the event it is discovered that the User has breached any terms and conditions of this Agreement, PreLoved Pitaras reserves the right to terminate any registration and/or transaction, refuse access to the Website at any time, and take such other actions (including recourse to legal remedies) as it deems appropriate.

Modifications

43. PreLoved Pitaras reserves the right to unilaterally modify, change, update, or revise the Website, its contents, and this Agreement (including these Terms and Conditions, Privacy Policy, Shipping Policy, Return Policy, etc.) at any time and in any manner whatsoever, including without prior notice. The User acknowledges and agrees that continued access to and/or use of the Website following such modifications shall constitute acceptance of the modified Agreement and shall be binding on the User.

Assignment

44. PreLoved Pitaras LLP. reserves the right to assign this Agreement, as amended from time to time, together with all rights and obligations thereunder, to any successor-in-interest that acquires such rights as a result of a sale, merger, or restructuring of PreLoved Pitaras LLP.

Severability

45. If any provision of this Agreement is held to be illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.

Waiver

46. Any failure or delay by PreLoved Pitaras to enforce any provision of this Agreement or exercise any right, power, privilege, or remedy shall not be construed as a waiver thereof. No single or partial exercise of any right, power, privilege, or remedy shall preclude any further exercise of the same or the exercise of any other right, power, privilege, or remedy under this Agreement.

Prohibited Uses

47. The User accepts and confirms that he/she/it shall not use the Website or engage with PreLoved Pitaras through any medium, including email, for any purpose other than those directly related to the purchase of PreLoved Pitaras’ products and services or the selling of permitted products through the PreLoved Pitaras platform. The User further agrees not to undertake any activities that are illegal, unlawful, malicious, or otherwise deemed improper by PreLoved Pitaras in its sole discretion, including but not limited to:

• a. impersonating any person or entity; misrepresenting himself/herself/itself; or providing inaccurate, misleading, or fraudulent information;
• b. preventing PreLoved Pitaras, in any manner whatsoever, from authenticating the information provided by the User;
• c. accessing, using, or attempting to access or use the account and/or login credentials of any other User;
• d. transmitting any software or other media containing viruses, worms, trojan horses, defects, or other destructive or malicious software, including code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
• e. infringing the intellectual property rights of the Website in any manner whatsoever, including modifying, adapting, reverse-engineering, or decompiling any portion of the Website;
• f. harvesting or collecting information from other Users of the Website without authorization;
• g. engaging in fraudulent, illegal, or unlawful conduct, whether intentional or unintentional, including violation of any applicable law, statute, ordinance, regulation, rule, code, directive, or instruction issued by any governmental or regulatory authority in any jurisdiction;
• h. acting in collusion or connivance with other User(s);
• i. acting without decorum on the Website or in interactions with PreLoved Pitaras and/or its employees, agents, or representatives;
• j. uploading or transmitting any files, images, messages, or data:
  • (i) containing content that is unlawful, unethical, abusive, objectionable, harmful, or contrary to public interest, public order, or national harmony in any jurisdiction;
  • (ii) without having the legal right to make such data available under applicable laws or contractual or fiduciary obligations;
  • (iii) that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any person;
  • (iv) that harms minors in any manner whatsoever;
• k. facilitating or encouraging any of the aforesaid prohibited activities or violations.

48. In all such cases, PreLoved Pitaras reserves the right to take any technical and/or legal measures it deems necessary, including restricting or terminating a User’s access to the Website. It is clarified that attempting to bypass restrictions imposed on any User—whether as a buyer or seller—by using alternative email addresses, false identities, or misleading information constitutes a violation of this Agreement. In such cases, PreLoved Pitaras reserves the right to withhold any payments, refunds, or products related to transactions made under such deceptive or duplicate identities and is under no obligation to honor such transactions.

Dispute Resolution

49. If any dispute arises between the parties in connection with the validity, interpretation, implementation, or alleged breach of this Agreement (including the validity, scope, or enforceability of this arbitration clause), the parties shall first attempt to resolve the dispute amicably. Such attempts shall be deemed unsuccessful if, after reasonable efforts for not less than 30 days, one party provides written notice of a further 30 days to the other party.

50. Upon failure of amicable resolution, the dispute shall be finally settled by arbitration in accordance with the limited liability partnership Act 2008.

51. The arbitral tribunal shall consist of a sole arbitrator appointed mutually by the parties.

52. The place of arbitration shall be Surat, Gujarat,

53. The language of arbitration shall be English.

54. The prevailing party in the arbitration proceedings shall be entitled to recover its costs, including reasonable legal fees.

55. Judgment upon the arbitral award may be entered in any court of competent jurisdiction, or application may be made to such court for recognition and enforcement of the award, including specific performance, as applicable.

Governing Law

56. This Agreement shall be governed by and construed in accordance with the laws of India.

No Partnership / Agency

57. PreLoved Pitaras and the User are independent entities, and all transactions are entered into on a principal-to-principal basis. Neither party shall have any authority to assume, create, or incur obligations or liabilities on behalf of the other.

Survival

58. Certain provisions of this Agreement shall survive termination, including those relating to Indemnity, Limitation of Liability, Dispute Resolution, and Governing Law.

Miscellaneous

59. PreLoved Pitaras is not obligated to ensure uninterrupted access to the Website for all Users at all times. While reasonable efforts will be made to restrict access only to Users who violate this Agreement, certain access-denial measures may unintentionally affect other Users. PreLoved Pitaras reserves the right to modify or discontinue Website features or services, with or without notice, without incurring liability.

60. PreLoved Pitaras reserves the right to temporarily or permanently discontinue the Website (or any part thereof) at any time, with or without notice. PreLoved Pitaras may also cancel or disregard bids placed during periods when the Website is not fully functional due to technical issues.

61. If the User is dissatisfied with the Website or its contents at any time, the User’s sole remedy shall be to discontinue use of the Website.

62. PreLoved Pitaras has taken reasonable steps to ensure that its auctions are transparent and fair. If PreLoved Pitaras believes that a User has attempted to gain an unfair advantage, the User may forfeit the right to participate in the auction.

63. Any auction or bidding process conducted by PreLoved Pitaras is not based on wagering contracts or games of chance.

64. All rights not expressly granted in respect of the Website and the Website Content are reserved by PreLoved Pitaras.