TERMS AND CONDITIONS

Welcome to La Martina India!

1.1. We value the trust you place in La Martina. That's why we insist upon your reading these Terms of Use carefully. The Terms of Use and policies about Privacy, Fees and; Payments, Promotions, Delivery, Returns, and Refund together shall form the entire Terms of Use.

1.2. The Agreement, inter alia, provides the terms that govern your access to use (i) La Martina's website www.lamartina.in and its mobile and tablet applications ("Platforms"), (ii) La Martina's online lifestyle and fashion merchandise ("Products") through the Platforms, and (iii) the purchase of Products, and any other service that may be provided by La Martina from time to time (collectively referred to as the "Services").

1.3. You hereby understand and agree that the Agreement forms a binding contract between La Martina and anyone who accesses, browses, or purchases the Products and uses the Services in any manner ("User") and accordingly, you hereby agree to be bound by the terms contained in the Agreement. If you do not agree to the terms contained in the Agreement, you are advised not to proceed with purchasing the Products or using the Services. The terms contained in the Agreement shall be accepted without modification. The use of the Services would constitute acceptance of the terms of the Agreement.

2. Terms and Conditions Applicable to Users

2.1. Users must be 18 years of age or older to register, or visit or use the Services in any manner. By registering, visiting or using the Services, you hereby represent and warrant to La Martina that you are 18 years of age or older, and that you have the right, authority and capacity to use the Services, and agree to abide by the Agreement. If a User is below 18 years of age, it is assumed that he/she is using/browsing the Platforms/Website under the supervision of his/her parent or legal guardian and that such User's parent or legal guardian has read and agrees to the terms of this Agreement, including terms of purchase of Products, on behalf of the minor User. Should La Martina be made aware that a User is under the age of 18 and is using/browsing the Platforms/Website without the supervision of his/her parent or legal guardian, La Martina reserves the right to deactivate such User's account without further notice.

2.2. The Agreement is governed by the provisions of Indian law, including, but not limited to:

• 2.2.1. The Indian Contract Act, 1872;
• 2.2.2. The Information Technology Act, 2000;
• 2.2.3. The rules, regulations, guidelines and clarifications framed thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 ("SPI Rules") and;
• 2.2.4. The Information Technology (Intermediaries Guidelines) Rules, 2011 ("IG Rules").

2.3. The contents of Services, information, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the Platforms or any of the other Services are the property of La Martina, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors and sister companies, as the case may be ("La Martina Content"), and are protected under copyright, trademark and other applicable laws. You shall not modify the La Martina Content or reproduce, display, publicly perform, distribute, reverse engineer or otherwise use the La Martina Content in any way for any public or commercial purpose or for personal gain.

2.4. La Martina authorizes you to view and access the La Martina Content solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Return and Refund Policy, if any. La Martina, therefore, grants you a limited, revocable permission to access and use the Services. This permission does not include a permission for carrying out any resale of the Products or commercial use of the La Martina Content, any collection and use of product listings, description, or prices, and, any derivative use of the Platforms or of La Martina Content.

2.5. As means to assist the Users in identifying the Product/s of their choice, La Martina provides visual representations on the Platforms/Website including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, La Martina disclaims any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to Users. The appearance of the Product when delivered may vary for various reasons.

2.6. Users may make purchases on the Platforms/Website. For the purposes of identifying a User, La Martina may, from time to time, collect certain personally identifiable information such as your first name and last name, email address, mobile phone number, postal address, other contact information, demographic profile, etc. Users may also register themselves on the Platforms/Website. Registration on the Platforms/Website is one-time and you are required to remember your username and password and keep the same confidential. In the event where you have misplaced your username and password details, you can retrieve and change the same using the "forgot username/password" option on the Platforms.

2.7. The User shall assume all risks, liabilities, and consequences if his/her account has been accessed illegally or without authorization through means such as hacking and if through such unauthorized access, a purchase of Product/s has been made through the Services. It is specifically clarified that payments of monies towards any Product/s purchased through the Services by unauthorized or illegal use of the User's account shall entirely be borne by the User.

2.8. Display of Products for purchase on the Platforms is merely an invitation to offer. An order placed by a User for purchase of a Product constitutes an offer. All orders placed by Users on the Platforms are subject to the availability of such Product, La Martina's acceptance of the User's offer and the User's continued adherence to the terms of the Agreement.

2.9. You agree to maintain and promptly update all data provided by you and to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, incomplete, or if La Martina has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, not current, incomplete, or not in accordance with the terms of the Agreement, La Martina reserves the right to indefinitely suspend, terminate or block your access to the Platforms, and refuse to provide you with access to the Platforms in future.

2.10. All rights and liabilities of La Martina with respect to any Services to be provided by it shall be restricted to the scope of the Agreement. In addition to the Agreement, you shall also ensure that you are in compliance with the terms and conditions of the third parties, whose links are contained/embedded in the Services. It is hereby clarified that La Martina shall not be held liable for any transaction between you and any such third parties.

2.11. You understand that on your registration as a User or on your purchase of Product/s on the Platforms/Website, you may receive text messages and/or emails from La Martina on your registered mobile number and/or email address. These messages and/or emails could relate inter alia to your registration, La Martina's acceptance or rejection of your offer to purchase a Product/s, payment information, Product dispatch information, information pertaining to other activities you carry out on the Platforms and information pertaining to the promotions that are undertaken by La Martina (or third parties in connection with the Platforms) from time to time. It is specifically clarified that a text message and/or an email confirming the receipt of your order is not an acceptance from La Martina that the Product will be delivered. La Martina's acceptance to your offer to purchase shall occur and conclude only when the Product/s have been dispatched by La Martina and a text message and/or email confirming such dispatch has been sent to you. La Martina, at all times, reserves the right to limit the quantity of items in, or cancel an order prior to dispatch.

2.12. Any communication from La Martina shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Platforms in the event there is a change. Further, La Martina may also send you notifications and reminders with respect to scheduled deliveries of the purchased Product/s. While La Martina shall make every endeavor to share prompt reminders and notifications relating to the delivery of purchased Product/s with you, La Martina shall not be held liable for any failure to send such notifications or reminders to you.

2.13. La Martina may, at any time and without having to service any prior notice to you: (i) upgrade, update, change, modify, or improve the Services or a part of the Services in a manner it may deem fit, and (ii) change the contents of the Terms of Use in substance, or as to procedure or otherwise; in each case which will be applicable to all Users. You hereby agree that this is in the fairness of things given the nature of the business and its operations and you will abide by them. As such, you must keep yourself updated at all times and review the terms of the Agreement from time to time. Such changes shall be made applicable when they are posted. La Martina may also alter or remove any content from the Platforms/Website without notice.

2.14. While La Martina shall make reasonable endeavors to maintain high standards of security and shall provide the Services by using reasonable efforts, La Martina shall not be liable for any interruption that may be caused to your access or use of the Services.

2.15. Access to and registration on the Platforms/Website is free of cost. Although unlikely, La Martina may modify the Fee, Payment and Promotions Policy to include a fee on access and browsing of the Platforms, or for use of any new service introduced by La Martina without serving prior notice on the Users.

2.16. Fees and Payments

The Services included on or otherwise made available to the Users through the Platforms are provided on an "as is" and "as available" basis without any representations or warranties, express or implied, except if otherwise specified in writing. La Martina does not covenant or warrant that:

• 2.16.1. The Services will be made available at all times;
• 2.16.2. The La Martina Content available on the Platforms/Website is complete, true, accurate or non-misleading; and
• 2.16.3. The Products are of specified merchantability, merchantable quality and fit for use for a particular purpose.

The User hereby affirms that the information provided by him / her is true, correct and complete to the best of his / her knowledge and belief. The User agrees and understands that he / she will be solely responsible in the event of any inaccuracy or deviation therefrom at a later stage.

2.17. Sweepstakes, Contests, and Similar Promotions

Any sweepstakes, contest, or similar promotion made available through the La Martina site may be governed by specific rules that are separate from this Agreement. By participating in any such sweepstakes, contest, or promotion, you agree to become subject to those rules, which may vary from the terms of use set forth herein. La Martina urges you to read the applicable rules, if any, which will be linked from the particular activity, and to review the Security and Privacy Statement, which, in addition to this Agreement, will govern any information you submit in connection with such activities.

2.18. Cancellations by the Customer

You may cancel your order or some items in your order before we bill and ship the items. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. We will not be able to cancel orders that have already been processed. La Martina has the full right to decide whether an order has been processed or not. La Martina reserves the right to accept or reject requests for order cancellations for any reason. You may return the merchandise and get a refund by returning the merchandise in unused, saleable condition in its original packaging along with original tags, within 15 days from the date on which these goods are delivered. The customer agrees not to dispute the decision made by La Martina and accept La Martina's decision regarding the cancellation.

2.19. Fraudulent / Declined Transactions

La Martina constantly monitors the User's account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and La Martina reserves the right to recover the cost of goods, collection charges and lawyer fees from persons using the Platform fraudulently. La Martina reserves the right to initiate legal proceedings against such persons for fraudulent use of the Platform/Website and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, La Martina reserves the right to immediately delete such account and dishonor all past and pending orders without any liability. For the purpose of this clause, La Martina shall owe no liability for any refunds.

2.20. User-Generated Content

You may post reviews, comments, images, videos or other content on the Platforms ("User Content"). By submitting such User Content, you grant La Martina a non-exclusive, royalty-free, perpetual, irrevocable, and worldwide right to use, reproduce, modify, adapt, publish, translate, distribute, display and use such User Content in any media for marketing, promotional or business purposes.

You represent and warrant that: (i) you own or control all rights to the User Content; (ii) the User Content is accurate and does not violate any applicable law or rights of any third party; (iii) the use of such content by La Martina will not infringe any intellectual property or other rights.

La Martina reserves the right (but not the obligation) to monitor, edit, or remove any User Content at its sole discretion.

3. User Covenants and Obligations

3.1. As mandated under the provisions of Regulation 3(2) of the IG Rules, La Martina hereby informs you that you are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing any information that:

• 3.1.1. belongs to another person and to which you do not have any right;
• 3.1.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
• 3.1.3. harms minors in any way;
• 3.1.4. infringes any patent, trademark, copyright or other proprietary rights;
• 3.1.5. violates any law for the time being in force;
• 3.1.6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• 3.1.7. impersonates or defames another person; or
• 3.1.8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

3.2. You are also prohibited from:

• 3.2.1. violating or attempting to violate the integrity or security of the Platforms or the La Martina Content;
• 3.2.2. transmitting any information on or through the Platforms that is disruptive or competitive to the provision of Services by La Martina;
• 3.2.3. intentionally submitting on the Platforms, false or inaccurate information;
• 3.2.4. using any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs, Easter eggs, cancel bots, intelligent agents, etc.) to navigate or search the Platforms;
• 3.2.5. attempting to decipher, decompile, disassemble or reverse engineer any part of the Platforms; or
• 3.2.6. copying or duplicating in any manner any of the La Martina Content.

3.3. You are also obligated to:

• 3.3.1. refrain from acquiring any ownership rights by downloading the La Martina Content;
• 3.3.2. read the Agreement and agree to accept the terms and conditions set out therein;
• 3.3.3. refrain from copying or modifying the La Martina Content available on the Platforms for any purpose;
• 3.3.4. comply with all applicable laws in connection with your use of the Platforms;
• 3.3.5. not refuse the delivery of purchased Product/s except when damages and deficiencies can be identified upfront at the time of delivery; and
• 3.3.6. Use the Products for personal, non-commercial use.

3.4. You hereby authorize La Martina to declare and provide declarations to any Governmental authority on request on your behalf, including that the Product/s ordered by you are for personal, non-commercial use.

3.5. La Martina may disclose or transfer information provided by you to its affiliates in India and other countries, and you hereby consent to such transfer. In terms of the SPI Rules, La Martina can transfer sensitive personal data or information to any other body corporate or a person that ensures the same level of data protection that is adhered to by La Martina as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between La Martina or any person on its behalf and the User or where you have consented to such data transfer.

4. Third Party Information

4.1. All information in relation to third parties as available on the Platforms (collectively referred to as "Third Party Information") are provided solely for your reference. La Martina is not endorsing the Third Party Information and is not responsible for any errors and representation nor is it associated with it and you shall access the Third Party Information at your own risk.

4.2. Further, it is up to you to take sufficient precautions to ensure that whatever links you select, whether from the Platforms, or other Services, is free of such items such as, but not limited to, viruses, worms, Trojan horses, defects and other items of a destructive nature.

5. Intellectual Property Rights

5.1. All the intellectual property used on the Platforms by La Martina, including the La Martina Content, shall remain the property of La Martina, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or of any third party hosting such intellectual property on the Platforms. Except as provided in the Terms of Use, the materials may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of La Martina, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or any third party hosting such material on the Platforms, as the case may be.

5.2. If you believe that your intellectual property rights have been used on the Platforms in a way that raises concerns of infringement, please write to us at [email protected] and let us know of your concerns.

6. Unlawful or Prohibited Use

You warrant to La Martina that you will comply with all applicable laws, statutes, ordinances and regulations regarding the use of the Services and any other related activities. You further warrant that you will not use the Platforms in any way prohibited by terms contained in the Terms of Use or under applicable law.

7. Liability

7.1. You acknowledge and undertake that you are accessing the Services and purchasing the Product/s at your own risk and that you are using prudent judgment before placing an order for a Product or availing any Services through the Platforms. La Martina shall, at no point, be held liable or responsible for any representations or warranties in relation to the Product/s. Refund of the price paid for the purchase of a Product or replacement thereof shall be governed by the Return and Refund Policy which may be accessed here.

7.2. La Martina does not provide or make any representation, warranty or guarantee, express or implied about the Platforms, Products or the Services, and all implied warranties under law or contract are to the maximum extent possible hereby disclaimed.

7.3. The maximum aggregate liability of La Martina, in respect of all services provided, and all transactions undertaken by the User by using the Services, shall be limited to a maximum of INR 1,000 (Indian Rupees one thousand).

8. Indemnity

You hereby agree to indemnify and hold harmless La Martina, its affiliates, officers, directors, employees, consultants, licensors, agents and representatives from any and all claims, losses, damages, and/or costs (including reasonable attorney fees and costs) arising from (i) your access to or use of the Services or Products, (ii) violation of the Agreement, (iii) infringement, or infringement by any other user of your account with La Martina, (iv) action or inaction on behalf of La Martina's third party affiliates, manufacturers, vendors, suppliers and logistic partners in providing services; and (v) infringement of any intellectual property or other right of any person or entity. La Martina shall notify you promptly of such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide La Martina with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost.

9.1 Grievance Officer
In accordance with the provisions of the SPI Rules, any grievances which you may have with respect to the information shared by you with La Martina hereunder and its treatment, may be directed by you to the grievance officer of La Martina at [email protected] or at the below mentioned coordinates:

Name: Neelabh Agarwal
Designation: Grievance officer
Email Address: [email protected]
Postal Address:
La Martina India
Reliance Brands Limited
8th Floor, Maker Towers E, Cuffe Parade
Mumbai-400005
Phone No.: +91 8850384579
Designation: Nodal Officer

9.2 Nodal Officer

Name: Amiya Prakash
Email Address: [email protected]
Postal Address:
La Martina India
Reliance Brands Limited
8th Floor, Maker Towers E, Cuffe Parade
Mumbai-400005
Phone No.: +916200059654
Designation: Nodal Officer

10. Severability

If any provision of the Terms of Use is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision and the remaining part of such provision and all other provisions of the Terms of Use shall continue to be in full force and effect.

11. Term and Termination

11.1. The Terms of Use will remain in full force and effect while you use any service in any form or capacity.

11.2. La Martina reserves the right to terminate its services provided to you in the event of breach of any terms contained in the Terms of Use, misrepresentation of information, any unlawful activity or if La Martina is unable to verify or authenticate any information you submit to it.

11.3. The User may terminate the Terms of Use at any time, provided that the User discontinues any further use of the platforms or services.

11.4. It is specifically clarified that any termination of the Terms of Use by a User shall not cancel the User's obligation to pay for a product purchased on the platforms, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.

11.5. Any provision of the Terms of Use which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Terms of Use shall survive the termination or expiration of the Terms of Use.

12. Dispute Resolution and Governing Law

12.1. The Agreement and any contractual obligation between La Martina and you under the Agreement shall be governed by the laws of India, subject to the exclusive jurisdiction of the courts at Mumbai, Maharashtra.

12.2. All disputes will be subject to arbitration at Mumbai, Maharashtra in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in the English language. The arbitration shall be referred to the sole arbitrator appointed by La Martina.

12.3. Arbitration awards shall be reasoned awards and shall be final and binding on La Martina and the disputing User, and shall be enforceable in any court of competent jurisdiction.

13. Waiver

La Martina's failure to enforce any provision of the Terms of Use or respond to a breach by a User or User shall in no way imply a waiver of La Martina's right to subsequently enforce any provision of the terms of the Agreement or to act with respect to similar breaches by a User or User.

14. Notices

All notices and communications shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent by email, with due acknowledgment or complete transmission to the following address:

Postal Address:
La Martina India
Reliance Brands Limited
8th Floor, Maker Towers E, Cuffe Parade
Mumbai-400005
Phone No.: 9920033520
Designation: Nodal Officer

15. Interpretation

15.1. Headings, subheadings, titles, subtitles to clauses, sub-clauses and paragraphs are for information only and shall not form part of the operative provisions of the Agreement and shall be ignored in construing the same.

15.2. Words denoting the singular shall include the plural and words denoting any gender shall include all genders.

15.3. The words "include" and "including" are to be construed without limitation.

16. Miscellaneous

16.1. In addition to these Terms of Sale, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Terms of Use.

16.2. These Terms of Sale supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the purchase of Product.

16.3. We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.

16.4. You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products from us and you agree to bear any and all applicable taxes.

17. Product pricing

17.1. All prices are listed in Indian Rupees. Price, as displayed, is inclusive of all applicable taxes.

17.2. Products in your shopping cart of La Martina Platforms will reflect the most recent price as displayed on the Product's information webpage on La Martina Platforms. Please note that this price may differ from the price shown for the product when you first placed it in your shopping cart. Placing a product in your shopping cart does not reserve the price shown at that time. It is also possible that a product's price may decrease between the time you place it in your shopping cart and the time you place the order. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery.

18. GSTIN Information