TERMS AND CONDITIONS

TERMS AND CONDITIONS

SALE TERMS

UPDATED: January 2020

THE FOLLOWING ARE THE TERMS AND CONDITIONS (“SALE TERMS”) THAT APPLY WITH THE PURCHASE OF PRODUCTS, GIFT CARDS, AND/OR E-GIFT CARDS (“MERCHANDISE”) FROM THE FICUSTER WEBSITE. IF YOU PLACE AN ORDER FOR MERCHANDISE AND ONE OR MORE OF THE FOLLOWING SITUATIONS APPLIES TO YOU, YOU ARE CONFIRMING YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THESE SALE TERMS: (I) YOU PLACED AN ORDER VIA FICUSTER.COM (DESKTOP OR MOBILE), (II) YOU PLACED AN ORDER VIA THE FICUSTER MOBILE APP, (III) YOU PLACED AN ORDER THROUGH A FICUSTER MICROSITE, OR (IV) YOU PLACED AN ORDER WITH FICUSTER VIA TELEPHONE. ANY ORDER THAT MATCHES THE SITUATIONS (I) THROUGH (III) MAY HEREBY BE REFERRED TO AS AN ORDER PURCHASED FROM THE FICUSTER “WEBSITE”.

PLEASE REVIEW AND SAVE A COPY OF THESE SALE TERMS FOR YOUR PERSONAL RECORDS PRIOR TO YOUR PLACEMENT OF EACH ORDER, AS THESE TERMS ARE SUBJECT TO CHANGE. FOR QUESTIONS REGARDING THESE SALE TERMS AND/OR ANY ASPECT OF YOUR ORDER, PLEASE CONTACT OUR CUSTOMER SERVICE DEPARTMENT BY WRITING AN EMAIL AT  SUPPORT@FICUSTER.COM OR CALL US AT +91-7027-477-477.

ORDER AND ACCEPTANCE

EACH PART OF AN ORDER SUBMITTED TO FICUSTER CONSTITUTES AN OFFER TO PURCHASE MERCHANDISE. UPON PLACING AN ORDER THROUGH THE FICUSTER WEBSITE, YOU WILL RECEIVE AN EMAIL FROM FICUSTER CONFIRMING THE RECEIPT OF YOUR ORDER (USUALLY WITHIN MINUTES). IF NO SUCH EMAIL IS RECEIVED, PLEASE CONTACT THE FICUSTER CUSTOMER SERVICE DEPARTMENT AT THE CONTACT INFORMATON PROVIDED ABOVE PRIOR TO PLACING A DUPLICATE ORDER. PLEASE NOTE: CONFIRMATION OF RECEIPT DOES NOT GUARANTEE ACCEPTANCE OF YOUR ORDER OR PAYMENT.

FICUSTER IS NOT DEEMED TO HAVE ACCEPTED ANY PART OF YOUR ORDER UNTIL THE MERCHANDISE HAS BEEN SHIPPED AND YOU HAVE BEEN SENT A SHIPMENT CONFIRMATION EMAIL. A TRACKING NUMBER WILL BE PROVIDED, BY WHICH YOU MAY TRACK THE PROGRESS OF YOUR ORDER.

IF YOUR ORDER IS REJECTED DUE TO AN ERROR IN PRICING OR OTHER INFORMATION ABOUT THE MERCHANDISE, FICUSTER WILL NOTIFY YOU VIA THE EMAIL ADDRESS PROVIDED. UPON CORRECTION OF THE ERROR, FICUSTER WILL ASK YOU WHETHER YOU WOULD LIKE TO RE-SUBMIT YOUR ORDER TO PURCHASE THE MERCHANDISE OR CANCEL THE TRANSACTION. IF YOU HAVE RECEIVED A SHIPMENT CONFIRMATION EMAIL, YOU WILL NOTE BE REQUIRED TO PAY A PRICE GREATER THAN THAT WHICH WAS DISPLAYED ON THE FICUSTER WEBSITE AT TIME OF PURCHASE.

IN SOME LOCATIONS, YOU MAY USE PAYTM, MOBIKWIK, AND UPI TO PAY FOR PURCHASES. IN SUCH CASES, PAYMENT WILL BE TAKEN ONCE/BEFORE THE ORDER HAS BEEN PLACED FOR THE ENTIRE PURCHASE, INCLUDING ANY SHIPPING AND HANDLING CHARGES. IF YOU USED PAYTM, MOBIKWIK, OR UPI TO PAY FOR A PURCHASE AND YOU DECIDE TO CANCEL ALL OR PART OF YOUR ORDER, YOU WILL RECEIVE AN EMAIL CONTAINING A LINK TO PROVIDE NECESSARY BANK DETAILS. YOU CAN THEN EXPECT TO RECEIVE A REFUND WITHIN SEVEN (7) BUSINESS DAYS.  ALL REFUNDS WILL BE ISSUED IN THE SAME CURRENCY IN WHICH THE ORDER WAS PLACED.

IF YOU RECEIVE MERCHANDISE THAT DIFFERS FROM THE DESCRIPTION OF THE MERCHANDISE YOU ORDERED (AS DISPLAYED ON THE FICUSTER WEBSITE AT TIME OF PURCHASE), YOU MAY REQUEST A RETURN OR EXCHANGE. PLEASE NOTE: IF YOU PAID FOR YOUR ORDER WITH PAYTM, MOBIKWIK, OR UPI, YOU MAY ONLY FULLY RETURN THE MERCHANDISE AND PLACE A NEW ORDER (IF YOU WISH). FOR ADDITIONAL INFORMATION, PLEASE REVIEW THE FICUSTER RETURNS AND EXCHANGES POLICY.

ALTHOUGH UNLIKELY, FICUSTER RETAINS THE RIGHT TO DENY AN ORDER FOR ANY REASON, INCLUDING ANY OF THE FOLLOWING SITUATIONS: ERROR(S) IN BILLING, PAYMENT, AND/OR SHIPPING INFORMATION.

SOME ORDERS MAY NOT BE ABLE TO BE PROCESSED DUE TO INCORRECT INFORMATION PROVIDED, WHICH INCLUDES BUT IS NOT LIMITED TO: INFORRECT CREDIT OR DEBIT CARD NUMBER, EXPIRATION DATE, AND/OR SECURITY CODE.

OTHER INCORRECT INFORMATION REGARDING PAYMENT TYPES MAY INCLUDE:

-INCORRECT BILLING INFORMATION (E.G. BILLING INFORMATION PROVIDED DOES NOT MATCH    

 THE INFORMATION LISTED WITH THE FINANCIAL INSTITUTION)

-INSUFFICIENT OR INCORRECT SHIPPING ADDRESS INFORMATION (E.G. STREET ADDRESS, CITY, 

 STATE, ZIP OR POSTAL CODE, ETC.)

-SUSPECTED FRAUDULENT INFORMATION.

DELAYED SHIPMENT OR MERCHANDISE UNAVAILABILITY

IF AN ITEM IS DELAYED OUT OF THE FICUSTER FULFILLMENT CENTER OR BECOMES UNAVAILABLE, OR IF AN ERROR OCCURS ON THE FICUSTER WEBSITE PERTAINING TO THE ORDER (E.G. AN ERROR REGARDING THE PRICE AND/OR DESCRIPTION OF THE ITEM), FICUSTER MAY CANCEL THE ORDER. IF THIS SHOULD OCCUR, FICUSTER WILL NOTIFY YOU OF THE CANCELLATION VIA THE EMAIL PROVIDED.

RESHIPPING OF MERCHANDISE

FICUSTER’S POLICIES DO NOT ALLOW FOR THE RESHIPPING OF ORDERS FOR ANY REASON. ANY ORDER SHIPPIED TO A “FREIGHT FORWARDING COMPANY” WILL NOT BE ACCEPTED. FOR A COMPLETE LISTING OF COUNTRIES TO WHICH FICUSTER SHIPS, PLEASE EMAIL US AT SUPPORT@FICUSTER.COM

RESALE OF MERCHANDISE

FICUSTER IS A PRIVATE LABEL BRAND. TO PROTECT FICUSTER’S INTELLECTUAL PROPERTY RIGHTS, ANY SUSPECTED RESALE OF MERCHANDISE FOR PERSONAL AND/OR BUSINESS PROFITS IS STRICTLY PROHIBITED. FICUSTER WILL NOT ACCEPT ANY ORDER WHICH POSESSES CHARACTERISTICS OF RESELLING. MOREOVER, FICUSTER RESERVES THE RIGHT TO CANCEL ANY SUBSEQUENT ORDER FROM A CUSTOMER SUSPECTED OF RESELLING MERCHANDISE.

PREVIOUS FRAUDULENT ORDER HISTORY

FICUSTER RESERVES THE RIGHT TO REFUSE ANY ORDER IN WHICH FRAUDULENT ATIVITY IS SUSPECTED, AS WELL AS ANY SUBSEQUENT ORDERS FROM CUSTOMERS WITH A HISTORY OF FRAUDULENT ORDERS. FICUSTER MAY ALSO REFUSE ANY ORDER THAT IS CONNECTED WITH A PREVIOUS CREDIT CARD DISPUTE.

SHIPPING TO A P.O. BOX

FICUSTER WILL NOT ACCEPT ANY ORDERS PLACED FOR DELIVERY TO A P.O. BOX.

GIFT CARDS AND E-GIFT CARDS

GIFT CARDS AND E-GIFT CARDS MAY ONLY BE PURCHASED AND/OR REDEEMED IN INR ON THIS WEBSITE. ALL SALES OF GIFT CARDS AND E-GIFT CARDS ARE FINAL. SALES ARE SUBJECT TO THE TERMS OUTLINED IN THE “GIFT CARD DETAILS” (FOUND ON THE GIFT CARD PAGE) AND THE “E-GIFT CARD DETAILS” (FOUND ON THE E-GIFT CARD PAGE) RESPECTIVELY.

ENGAGEMENT WITH FICUSTER AND AFFILIATES

FICUSTER AND SHVASTRA ONLINE SHOPPING (COLLECTIVELY THE “COMPANY”) RESERVE THE RIGHT TO REMOVE AND/OR UNSUBSCRIBE FROM ALL COMPANY PLATFORMS AND MARKETING COMMUNICATIONS ANY EMAIL ADDRESS, PHONE NUMBER, AND/OR MAILING ADDRESS OF A CUSTOMER WHO HAS BEEN DETERMINED BY THE COMPANY TO POSSESS CHARACTERISTICS OF RESELLING OR FRAUDULENT ACTIVITY. COMPANY PLATFORMS AFFECTED BY SUCH UNSUBSCRIPTIONS INCLUDE BUT ARE NOT LIMITED TO: (I) ANY OF THE COMPANY’S ONLINE ACCOUNTS, (II) EMAIL MARKETING LISTS, AND (III) DIRECT MAILING LISTS. ADDITIONALLY, AFFECTED CUSTOMERS MAY BE PROHIBITED FROM ACCESSING AND/OR REGISTERING FOR ANY OF THE AFOREMENTIONED PLATFORMS IN THE FUTURE.

CUSTOMER-INITIATED ORDER CANCELLATIONS AND CHANGES

YOU MAY MAKE CHANGES TO OR CANCEL YOUR ORDER AT ANY TIME PRIOR TO THE PACKING OF YOUR ORDER IN THE FICUSTER DISTRIBUTION CENTER BY CONTACTING THE FICUSTER CUSTOMER SERVICE DEPARTMENT BY EMAILING SUPPORT@FICUSTER.COM OR BY CALLING +91-7027-477-477.

IF YOU PAID FOR AN ORDER IN INR AND THE ORDER HAS ALREADY BEEN PACKED, YOU MAY RETURN OR EXCHANGE YOUR MERCHANDISE FOR A REFUND OR REPLACEMENT AT ANY OF OUR STORES LOCATED IN INDIA.

IF YOU PLACED AN ORDER ONLINE AND PAID IN CURRENCY OTHER THAN INR, AND THE ORDER IS ALREADY PACKED, YOU MAY RETURN OR EXCHANGE YOUR MERCHANDISE FOR A REFUND OR REPLACEMENT BY SENDING IT BACK TO US (SUBJECT TO FICUSTER’S RETURNS AND EXCHANGES POLICY).  PLEASE NOTE THAT FICUSTER CANNOT ALLOW THE RETURN OR EXCHANGE OF SUCH AN ORDER AT A STORE LOCATED IN INDIA.

MERCHANDISE ON BACKORDER

MERCHANDISE LISTED AS BACKORDERED IS TEMPORARILY OUT OF STOCK. IF FICUSTER IS UNABLE TO SHIP ANY MERCHANDISE ON BACKORDER WITHIN THIRTY (30) DAYS OF THE DATE IN WHICH YOU PLACED YOUR ORDER, YOU WILL BE NOTIFIED VIA THE EMAIL ADDRESS PROVIDED. YOU WILL NOT BE CHARGED FOR BACKORDERED MERCHANDISE UNTIL IT HAS BEEN SHIPPED. SHIPPING AND HANDLING FEED FOR EACH ITEM IN AN ORDER IS DISTRIBUTED SO IT IS DIRECTLY PROPORTIOINAL TO THE COST OF EACH ITEM. YOU WILL NOTE BE CHARGED THE SHIPPING CHARGES FOR BACKORDERED ITEMS UNTIL THEY HAVE BEEN SHIPPED. ALL ITEMS IN AN ORDER WILL BE SHIPPED VIA THE SHIPPING SERVICE THAT YOU SELECTED UPON PLACING YOUR ORDER. THE STATUS OF A BACKORDERED ITEM WILL REMAIN OPEN UNTIL: (I) THE MERCHANDISE IS IN STOCK, FICUSTER HAS TAKEN PAYMENT, AND THE MERCHANDISE HAS SHIPPED, (II) FICUSTER HAS NOTIFIED YOU THAT AN ITEM HAS BEEN CANCELLED, OR (III) YOU CONTACT FICUSTER TO CHANGE OR CANCEL YOUR ORDER.

PRICING AND PAYMENTS

FICUSTER RETAINS THE RIGHT TO ADJUST THE PRICE OF ITS MERCHANDISE AT ANY TIME. AFTER AN ORDER HAS BEEN ACCEPTED, FICUSTER WILL NOT ALTER THE PRICE (EXCEPT FOR MERCHANDISE THAT IS ELIGILE FOR A PRICE ADJUSTMENT).

PRICE ADJUSTMENTS

ORDERS SHIPPING TO INDIA- IF YOU HAVE ORDERED MERCHANDISE FROM THE WEBSITE AND FICUSTER HAS REDUCED THE PRICE OF ANY ITEM IN YOUR ORDER (OF THE SAME COLOR AND SIZE), FICUSTER IS HAPPY TO PROCESS A PRICE ADJUSTMENT FOR YOU. PLEASE NOTE: PRICE ADJUSTMENTS MAY ONLY BE REQUESTED WITHIN SEVEN (7) DAYS OF THE DATE ON WHICH YOUR ORDER WAS PLACED. PRICE ADJUSTMENTS ARE OFFERED ONLY FOR MERCHANDISE PURCHASED AT ORIGINAL SALE PRICE. EACH ITEM PURCHASED IS ELIGIBLE FOR ONLY ONE (1) PRICE ADJUSTMENT.

 FOR FURTHER INFORMATION OR TO REQUEST A PRICE ADJUSTMENT, PLEASE CONTACT US BY EMAIL AT SUPPORT@FICUSTER.COM OR BY TELEPHONE AT +91-999-1234-231.

PLEASE REMEMBER TO INCLUDE YOUR ORDER NUMBER AND OTHER DETAILS REGARDING THE MERCHANDISE YOU BELIEVE ELIGIBLE FOR A PRICE ADJUSTMENT.

PAYMENTS

FICUSTER RESERVES THE RIGHT TO REQUEST ADDITIONAL EVIDENCE OF BILLING INFORMATION FOR ALL PURCHASES MADE WITH A CREDIT CARD. PLEASE NOTE THAT ALL PAYMENTS MADE WITH A DEBIT CARD WILL BE PROCESSED IN THE FORM OF CREDIT. THE CHARGE FOR YOUR ORDER WILL APPEAR ON YOUR CREDIT CARD STATEMENT AT “FICUSTER.COM”. IF YOU WISH TO CONTEST THE VALIDITY AND/OR AMOUNT OF A CHARGE INCURRED FROM AN ORDER FORM FICUSTER, OR YOU BELIEVE IT TO BE FRAUDULENT, PLEASE CONTACT FICUSTER BY EMAIL AT SUPPORT@FICUSTER.COM.

CURRENTLY, PAYMENTS WITH PAYTM, MOBIKWIK, AND UPI ARE ONLY AVAILABLE IN INR.

IF YOU WOULD LIKE TO CHANGE YOUR CURRENCY SELECTION AFTER PLACING AN ORDER, PLEASE CONTACT THE FICUSTER CUSTOMER SERVICE DEPARTMENT BY EMAIL AT SUPPORT@FICUSTER.COM OR BY TELEPHONE AT +91-999-1234-231.

PLEASE BE AWARE THAT ANY PURCHASE MADE IN CURRENCY OTHER THAN INR MAY INCUR A CURRENCY CONVERSION FEE THAT WILL BE FACTORED INTO THE PRICE OF THE MERCHANDISE. AS CURRENCY CONVERSION RATES MAY FLUCTUATE OVER TIME, PLEASE KEEP IN MIND THAT THE INR PRICE OF A GIVEN ITEM MAY BE INCONSISTENT WITH THE PRICE OF AN IDENTICAL ITEM IN A DIFFERENT CURRENCY.

IF AN ORDER IS PLACED ON THE WEBSITE AND PAID FOR IN A CURRENCY OTHER THAN THAT FOR WHICH YOUR PAYMENT CARD IS ISSUED, PLEASE BE AWARE THAT THE PROVIDER OF YOUR PAYMENT CARD MAY APPLY A CURRENCY CONVERSION FEE TO YOUR TRANSACTION. NOTE: CURRENCY CONVERSION RATES MAY FLUCTUATE OVER TIME.

FICUSTER WILL PROSECUTE TO THE FULLEST EXTENT OF THE LAW ANY FRAUDULENT ACTIVITY PERTAINING TO THE REVERSAL OF A VALID CHARGE FOR AN ORDER FILED AND DELIVERED TO THE CUSTOMER. IN THE EVENT THAT YOUR ORDER HAS BEEN CANCELLED, ANY “AUTHORIZATION HOLDS” WILL BE REMOVED FROM YOUR ACCOUNT WITHIN THREE (3) TO FIVE (5) BUSINESS DAYS.

DELIVERY

SHIPPING AND HANDLING CHARGES WILL DEPEND ON THE VALUE OF YOUR ORDER, THE COUNTRY TO WHICH AN ORDER IS BEING SHIPPED, AND THE DELIVERY DATE YOU REQUESTED.  PLEASE VISIT FICUSTER’S SHIPPING AND HANDLING PAGE FOR A LIST OF SHIPPING AND HANDLING CHARGES AND TERMS OF DELIVERY.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCE WILL FICUSTER BE LIABLE TO ANY PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, AND/OR PUNITIVE DAMAGES REGARDING A SALE OF MERCHANDISE. IN CERTAIN JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED, IN WHICH THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT APPLY.

PRODUCTS' IMAGES

ALL PRODUCTS' IMAGES ARE FOR REPRESENTATION PURPOSE ONLY. ACTUAL PRODUCT COLOR AND SHINE MAY SLIGHTLY DIFFER DUE TO DIFFERENT FACTORS LIKE - IMAGE ENHANCEMENT, SCREEN RESOLUTION, SCREEN BRIGHTNESS ETC.

ADDITIONAL TERMS AND RESOURCES

IF YOU HAVE COMPLETED AN ORDER VIA THE FICUSTER WEBSITE, YOUR USE OF THE FICUSTER WEBSITE IS SUBJECT TO THE WEBSITE TERMS OF USE. ANY PERSONAL IDENTIFICATION INFORMATION YOU PROVIDE IS SUBJECT TO THE PRIVACY POLICY.

FICUSTER IS LOCATED AND RUN FROM ITS OFFICES LOCATED IN INDIA, IN DELHI & NCR. THESE SALE TERMS SHALL BE GOVERNED BY THE LAWS OF DELHI AND HARYANA, WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAW PROVISIONS. THESE SALE TERMS ARE NOT ENFORCEABLE BY ANY PARTY OTHER THAN FICUSTER AND ITS CUSTOMERS. IF, AT ANY TIME, ANY PROVISION OF THESE SALE TERMS IS DETERMINED TO NOT BE ENFORCEABLE, THAT PARTICULAR TERM WILL BE DELETED AND ALL OTHERS WILL REMAIN.