Welcome to Zach and Kiki !

This is a platform where you can explore the world of Zach and Kiki , learn more about the brand story and the products we offer!

The loyalty programs, membership programs and discount code shall also be governed by the said Terms of the Platform.

These Terms form a legally binding contract between us, Zach & Kiki owned by Poomkudy Zaan Pvt Ltd  (“Company / We / Us”) and the users of the Platform (“Users”).

By accepting these Terms or accessing the Platform, you consent, agree and undertake to abide, be bound by and adhere to the Terms.

All products/services and information displayed on the Platform shall constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below. Company reserves the right to accept or reject your offer.

If you do not agree to be bound by the Terms, please do not access or use the Platform.

1. Eligibility

  • You are at least eighteen (18) years of age and are not disqualified from contracting by law.
  • You are entering into these Terms out of your own free will and consent.

2.Privacy practices

We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Site. Your continued use of the Site implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by Zach and Kiki is in  accordance with the terms of and purposes set forth in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of the platform.

3.Use of the Platform and Services

  • By mere accessing or using the Platform, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the Polices, whether you have read the same or not.
  • You will provide true, accurate, complete and current information in all instances where such information is requested of you. Company reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Company reserves the right in its sole discretion to reject the registration and debar you from using the Services of the Platform and/or Platform and other websites / platforms operated by Company or platforms associated with Company (“Authorized Third Party Service Providers”), without prior intimation whatsoever.
  • You agree not to add to, subtract from, or otherwise modify the Platform or to attempt to access any Services or to use the Platform or the Services in any manner that might interfere with the rights of third parties. We reserve the right to monitor your use of the Platform to ensure compliance with this clause.
  • You agree compensate Us for any extra cost incurred for redelivery in the event of a non-delivery in the first instance on account of a mistake by you due to wrong name or address or any other wrong information.
  • Use of this Platform and the Services is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement.
  • Use of the Platform by you for any commercial purposes is absolutely prohibited. Unauthorized commercial advertisements, affiliate links and other forms of solicitation may be removed without notice and may result in termination of account.
  • You agree that you shall use your best and prudent judgment before entering into any transaction through this Site and/or through any Authorized Third-Party Service Providers, at your sole risk.

4.Your Account

  • This Site is directed to be used by adults only. You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. Company/Platform shall not be liable to any person for any loss or damage which may arise as a result of any failure by the User to protect the account details or the password. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature.
  • You also agree that you shall provide true, accurate, current and complete information about yourself as prompted by the Site during the registration process
  • If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the ‘Contact Information’ provided below.
  • If you are accessing, browsing and using the Site on someone else’s behalf; you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Site resulting from such access or use of the Site in whatsoever nature.
  • We reserve the right to refuse service and/or terminate accounts without prior notice.

5.User Content

  • We may allow you to upload certain content on the Platform. You are solely responsible for the content shared by you on the Platform, including but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (“Content”). We reserve the right to post such Content on the Platform and/or our social media platforms. Company does not endorse and has no control over such Content. We make no warranties, express or implied, as to the Content or to the accuracy, integrity and reliability of the Content.
  • We assume no responsibility for monitoring the Platform for inappropriate Content or conduct, no obligation to modify or remove any inappropriate Content and no responsibility for the conduct of the user submitting any such Content.

6.Product Information

We attempt to be as accurate as possible in the description of the product on the Platform. However, Zach and kiki  does not warrant that the product description, colour, information or other content of the Platform is accurate, complete, reliable, current or error-free. The Site may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product.

Zach and Kiki  reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted ) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the product or services.

7.Title to products

Until the Company receives full payment for an order and the order is shipped, title to the goods remains with the Company. Upon transfer of the goods/products to you, title and risk of loss passes to you. You should handle products with care until the transfer of ownership is complete.

The Platform may include hyperlinks to third party content or images. You acknowledge and agree that the Company and/or Platform shall not be responsible for and does not endorse any advertising, products or resource available from such resources or websites. The intellectual property rights in the said third party images/content does not belong to the Company and/or Platform. These links are provided for your information and convenience only and are not an endorsement by the Company and/or Platform of the content of such linked websites or third parties. The Company and/or Platform has no control over the contents of any linked website and is not responsible for these websites or their content or availability. Thus, We shall not be responsible for the content or accuracy of any third-party resource or for any loss or damage of any sort resulting from the use of, or for any failure of, products or services provided at or from a third party resource.

8.User Conduct

By using the Platform and/ or the Services, you agree to accept, unconditionally, the complete liability for any action arising from your use of the Platform and/or Services. We reserve the right to take appropriate action, including suspension or termination of your access to the Platform and/or the Services if we have reasonable grounds to believe or are made aware that you are using the Platform or the Services in a manner that is in breach of the Terms or applicable laws. In addition, you agree, unconditionally, to indemnify us from any liability or cost arising from any action or inaction by you with respect to your use of the Platform or Services.

9.Transactions 

  • The Company and/or the Platform shall have a right to include a minimum order value at any time at is sole discretion, the same shall be notified to you via the Platform itself. Credit card details provided by you for availing of services on the Site will be correct, accurate and current. Under no circumstances you shall use a credit card which is not lawfully owned by you. The card details will not be utilized and shared by Us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove it otherwise’ shall be exclusively on you.
  • While availing any of the payment method/s offered by Us, We are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline.

10.Advertisements

Company reserves the right to place advertisements and publicity materials of its choice, including that pertaining to third parties for commercial use on the Platform.

11.Pricing information

  • Zach and Kiki strives to provide accurate product and pricing information, however errors may occur. We cannot confirm the price of the product until you make the order. If a product / service is listed at an incorrect price or with incorrect information due to any technical error, zach and kiki shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered or the service has already been availed by you. In the event, any kind of fraudulent activity is detected, zach and kiki  can recover its dues, if any, from User’s successive orders. In the event that an item is wrongly priced, we may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered and the services are availed, your offer will not be deemed accepted and zach & Kiki  will have the right to modify the price of the product/ service and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of order, or cancel the order and notify you of such cancellation.
  • Prices and availability of the products and services provided or offered on the site are subject to change without prior notice and at the sole discretion of zachandkiki & Poomkudy Zaan pvt ltd.

12.Intellectual Property 

  • You acknowledge and agree that all the rights, title and interests in the Platform, and/or the Services, and all the intellectual property rights therein or related thereto are solely and absolutely owned by Company (save and except user provided content). All such rights, title and interests shall continue to vest with Company during and after the term of this Agreement.
  • All intellectual property including in relation to the domain name www.zachand kiki.com any trademarks, logos, images and other content available on the Platform belongs exclusively to Company and/or its licensors. You may not copy, imitate or use, in whole or in part, without the prior written permission of Company or wherever applicable, the owner of the intellectual property any trademarks, domain name, logos, images and other content available on the Platform
  • Company grants Users a limited, royalty-free, non-transferable , non-sub-licensable, revocable right to use the Platform only for non-commercial purposes.

13.Disclaimer of Warranties

You agree that use of the Services and the access to the Platform is at your own risk. The Services including the Platform, the Content, and any other materials contained on or provided through the Platform are provided “AS IS” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, the Company does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the Services will be uninterrupted, free of viruses, malware or other harmful components, accurate, error free or reliable.

14.Indemnity

You agree to defend, indemnify and hold harmless the Company, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; and (iv) your breach of any applicable laws. This indemnification obligation will survive the expiry or termination of these Terms and Conditions and your use of the Service.

15.Governing Law and Jurisdiction

The relationship between You and the Company shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of Your use of the Services. Notwithstanding the foregoing, you agree that (i) the Company has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by you shall be exclusively before the courts at Kochi , India.

16.International Shipping

Cash on delivery and Return not available for international orders.

17.Contact Us

If you have any questions or concerns regarding the Terms of Use or for any technical support or use of Services or our products, please contact us at [email protected]. Our authorised representatives may reach out to you to answer your queries and/or address your concerns

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