Terms & Conditions - PINKPEACOCK

Terms & Conditions

TERMS & CONDITIONS

By accessing and using the PINKPEACOCK website at www.pinkpeacock.co.in, you are accepting and consenting to the practices in these terms of use. PINKPEACOCK reserves the right to change these terms and conditions from time to time at its sole discretion.

1.Definitions

1.1 “PINKPEACOCK” (“we”, “our”, “us” or “PINKPEACOCK”) means PINKPEACOCK, its successors and assigns or any person acting on behalf of and with the authority of PINKPEACOCK

1.2 “Services” means the PINKPEACOCK website located at PINKPEACOCK.com (the “Site”) and related services including PINKPEACOCK’s fashion rental services and its content (the “Content”).
1.3 “User” (“client”, “customer”, “you” or “your”) means the User or any person acting on behalf of and with the authority of the User.
1.4 “Apparel” means all Apparel (including any fashion apparels e.g. dresses) supplied on hire by PINKPEACOCK to the User (and where the context so permits shall include any incidental supply of services). The Apparel shall be as described on any invoices or other documentation provided by PINKPEACOCK to the User.
1.5 “Rental Period” means the 4 day period that the User booked the Apparel for – starting from the day the Apparel is delivered to the User’s delivery address, to the day the Apparel is supposed to be handed over by the User to the collecting agency, as shown on PINKPEACOCK’S website.
1.6 “Rental Price” (“price”) means the cost of the hire of the Apparel as agreed between PINKPEACOCK and the User subject to clause 4 of this contract.

1.7 “Rental Return Due Date” means the date the Apparel is expected to be back at PINKPEACOCK’s warehouse. The Rental Return Due Date is calculated to be within 1-2 business days from the end of Rental Period, depending on the User’s location.

2.Acceptance

2.1 Where more than one User has entered into this agreement, the Users shall be jointly and severally liable for all payments of the Price.
2.2 Upon acceptance of these terms and conditions by the User the terms and conditions are irrevocable and can only be amended with the written consent of PINKPEACOCK.
2.3 The User shall give PINKPEACOCK not less than fourteen (14) days prior written notice of any proposed change in the User’s details (including but not limited to, changes in the User’s address, facsimile number, or business practice). The User shall be liable for any loss incurred by PINKPEACOCK as a result of the User’s failure to comply with this clause.
2.5 Apparel is supplied by PINKPEACOCK based only on the terms and conditions of hire herein to the exclusion of anything to the contrary in the terms of the User’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of hire.

3.Price and Payment

3.1 The Price shall be (PinkPeacock’s) current Price, at the date of delivery of the Apparel, according to PINKPEACOCK current Price list as detailed on PINKPEACOCK website.

3.2 PINKPEACOCK reserves the right to change the Price in the event of a variation to the User’s requirements/ at all times.
3.3 At PINKPEACOCK sole discretion a deposit may be required which shall be refunded upon return of the Apparel in a condition acceptable to PINKPEACOCK

3.4 At PINKPEACOCK sole discretion, payment shall be due before delivery/ on placing of order of the Apparel; or
3.5 Payment may only be made by credit card, debit card, Pay TM, e-banking or by any other method as agreed to between  PINKPEACOCK and the User.
3.6 Receipt by PINKPEACOCK of any form of payment shall not be deemed to be payment until that form of payment has been honored, cleared or recognized.
3.7 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
3.8 All Prices on our website are denominated in Indian Rupees.

4.Rental Period and Late Fees

4.1 Rental period shall commence from when the User (or a third party nominated by the User) signs the Courier’s delivery receipt and invoice (checking that everything is good) and shall continue until the Apparel is picked up by the courier partners.
4.2 Where Apparel has not been returned to PINKPEACOCK by the Rental Return Due Date then PINKPEACOCK shall be entitled to charge additional hire fees until the Apparel is returned to PINKPEACOCK and the User expressly authorizes PINKPEACOCK to deduct such additional hire fees from the User’s credit card which was provided at the time of placement of the User’s order. Such additional charges shall be charged a fixed fee of 10% of the rental for each day overdue.
4.3 When counting overdue days PINKPEACOCK the Rental Return Due Date shall not be counted.
4.4 If the User pays PINKPEACOCK an amount equal to 100% of the recommended retail value in late fees and the User still has the item(s) in their possession, the item(s) is The User’s to keep.
4.5 If the User has not returned the rental item(s) within 15 days after the return date, PINKPEACOCK will consider the rental item(s) as non-returned and will charge the User’s credit card 150% of the recommended retail value minus the rental and late fees that the User has already paid.

5.Delivery of the Apparel

5.1 At PINKPEACOCK sole discretion delivery of the Apparel shall be deemed to have taken place when the Apparel is picked up at the User’s nominated delivery address and the User (or a third party nominated by the User) has signed the delivery receipt.

5.2 Customer delight is everything and we hold ourselves to very high hygiene standards. We have partnered with laundry experts to ensure each outfit is properly dry cleaned before being delivered to a customer.
5.3 PINKPEACOCK standard delivery methods are courier Service, guarantees next business day delivery within the Jaipur. If the User’s location is outside jaipur/ outskirts of jaipur, it will take more than one business day and PINKPEACOCK has no control over this. In the event that the User requests Same Day Delivery, the User will incur additional Charges depending upon the location. At its sole discretion, PINKPEACOCK may change these delivery fees. Same Day Delivery is available between 9am – 3pm, Monday through Friday.

5.4 The User shall make all arrangements necessary to take delivery of the Apparel whenever tendered for delivery. In the event that the User is unable to take delivery of the Apparel at the nominated delivery address and for any reason PINKPEACOCK is required to redeliver the Apparel then PINKPEACOCK shall be entitled to charge a reasonable fee for the redelivery.
5.5 Any delivery time or date given by PINKPEACOCK to the User is an estimate only. The User must still accept delivery of the Apparel even if late and PINKPEACOCK will not be liable for any loss or damage incurred by the User as a result of the delivery being late.

5.6 The User (or a third party nominated by the User) shall inspect the Apparel on delivery and shall within 15 minutes of receipt of the Apparel notify PINKPEACOCK(by phone or email) of any alleged defect, shortage in quantity, damage, failure to comply with what was ordered and refuse the delivery.

5.7 Once the User (or a third party nominated by the User) accepted signs the Courier’s delivery receipt and invoice, the delivery is said to be completed in all aspects.

6.Risk/Insurance

6.1 PINKPEACOCK retains property in the Apparel nonetheless all risk for the Apparel passes to the User on delivery.
6.2 The User accepts full responsibility for the safekeeping of the Apparel.
6.3 PINKPEACOCK offers free damage insurance to the value of Rupees. One Hundred only/- (Rs.100) to cover minor damage or staining. For minor damage and/or staining if PINKPEACOCK assesses (at its sole discretion) that the cost of repairs will be over one hundred rupees (Rs100), then the User will be required to pay the difference (e.g. if the repair cost is one hundred and fifty rupees (Rs. 150), then PINKPEACOCK will require the User to pay fifty rupees (Rs.50).
6.4 If the Apparel gets lost, stolen or damaged beyond repair, whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the User then the User will be liable to pay for replacement of the item. In assessing the replaceable value, PINKPEACOCK will take into account, the demand of that dress in the market, the availability to purchase that dress in the market, the condition of the dress, and the rental fee that the User has already made.

7.Title To Hired Apparel

7.1 The Apparel is and will at all times remain the absolute property of PINKPEACOCK
7.2 If the User fails to return the Apparel to PINKPEACOCK on the second pick-up, then PINKPEACOCK will consider the apparel as non-returned and will charge the User the mrp.

8.Sizing Issues/Returns

8.1 If the User wishes to cancel an order, then they must contact PINKPEACOCK as soon as is possible. If the item hasn’t been dispatched from PINKPEACOCK premises yet, there will not be any cancellation fees. However, if the item has been dispatched, a cancellation fee of Rupees 200 per item will apply. PINKPEACOCK will issue a full refund less the cancellation fee upon such cancellation of the Apparel.
8.2 All Apparel which is to be returned because of incorrect sizing or because the User has changed their mind must be sent back to PINKPEACOCK within twenty-four (24) hours of signing for the delivery (with tags still intact and the return slip completed). In which event PINKPEACOCK will issue the User a full refund of the dress rental cost, minus the shipping cost.
8.3 Once PINKPEACOCK has received an unworn, tagged dress, as well as the User’s return request, PINKPEACOCK will email the User a refund request confirmation within three (3) working days. Whilst PINKPEACOCK will make every effort to process a refund as quickly as is possible, the refund process can take approximately five to seven (5-7) working days dependant on the independent processing time taken by the User’s credit card provider and the User acknowledges that PINKPEACOCK has no control over such Credit card issuers processes.

9.User’s Responsibilities

9.1 The User shall:
(a) immediately notify PINKPEACOCK of any damage to the Apparel that occurs during the hire period;
(b) on termination of the hire, deliver the Apparel complete with all accessories, in good order as delivered, fair wear and tear accepted, to PINKPEACOCK;
(c) keep the Apparel in their own possession and control and shall not assign the benefit of the hire contract nor be entitled to lien over the Apparel;
(d) not alter or make any additions to the Apparel or in any other manner interfere with the Apparel/appearance of the apparel.

10.Cancellation

10.1 PINKPEACOCK may cancel these terms and conditions or cancel the delivery of Apparel at any time before the Apparel is delivered by giving written notice. On giving such notice PINKPEACOCK shall repay to the User any/all sums paid in respect of the Price. PINKPEACOCK shall not be liable for any loss or damage howsoever arising from such cancellation.

11.Default and Consequences of Default

11.1 If the User owes PINKPEACOCK any money the User shall indemnify PINKPEACOCK from and against all costs and disbursements incurred by PINKPEACOCK in recovering the debt (including but not limited to internal administration fees, legal costs on a lawyer and own client basis, PINKPEACOCK collection agency costs, and bank dishonour fees).
11.2 Without prejudice to any other remedies PINKPEACOCK may have, if at any time the User is in breach of any obligation (including those relating to payment) under these terms of hire PINKPEACOCK may repossess the Apparel as per clause 7.2, or suspend or terminate the supply of Apparel to the User and any of its other obligations under the terms and conditions. PINKPEACOCK will not be liable to the User for any loss or damage the User suffers because PINKPEACOCK has exercised its rights under this clause.
11.3 Without prejudice to PINKPEACOCK other remedies at law PINKPEACOCK shall be entitled to cancel all or any part of any order of the User which remains unperformed in addition to and without prejudice to any other remedies  PINKPEACOCK may have and all amounts owing to PINKPEACOCK shall, whether or not due for payment, become immediately payable in the event that any money payable to PINKPEACOCK becomes overdue, or in PINKPEACOCK opinion the User will be unable to meet its payments as they fall due;

12.Security and Charge

14.1 In consideration of PINKPEACOCK agreeing to supply Apparel, the User charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the User either now or in the future, to secure the performance by the User of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
14.2 The User indemnifies PINKPEACOCK from and against all PINKPEACOCK costs and disbursements including legal costs on a lawyer and own client basis incurred in exercising PINKPEACOCK rights under this clause.
14.3 The User irrevocably appoints PINKPEACOCK and each partner of PINKPEACOCK as the User’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 12 including, but not limited to, signing any document on the User’s behalf.

13.User Generated Content

For any content that you submit – any information such as data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Service – you grant PINKPEACOCK a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at PINKPEACOCK sole discretion. We reserve the right to change, condense or delete any content on our website that PINKPEACOCK deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms. PINKPEACOCK does not guarantee that you will have any recourse through PINKPEACOCK to edit or delete any content you have submitted. Ratings, reviews and written comments are generally moderated and published within two to four business days. However, PINKPEACOCK reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not PINKPEACOCK, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of PINKPEACOCK, its agents, subsidiaries, affiliates, partners or third party service providers and their respective partners, officers and employees.

By submitting any content to PINKPEACOCK, you represent and warrant that:

  • You are the sole author and owner of the intellectual property rights thereto;
  • All “moral rights” that you may have in such content have been voluntarily waived by you;
  • All content that you post is accurate;
  • Use of the content you supply does not violate these Terms and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

  • That is known by you to be false, inaccurate or misleading;
  • That infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  • For which you were compensated or granted any consideration by any third party;
  • That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
  • That contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold PINKPEACOCK (and its officers, partners, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

14.Referral Program (“Invite A Friend”)

The PINKPEACOCK Referral Program (also known as ‘Invite A Friend’) allows registered PINKPEACOCK users to earn store credits by referring friends to PINKPEACOCK PINKPEACOCK store credits are “points” that may be applied as credits toward future payments.

To participate, a user must sign up to PINKPEACOCK, which means the user accepts PINKPEACOCK Terms.

15.1   How to Earn Store Credits

Users can earn store credits towards future PINKPEACOCK bookings if: (I) a referred friend clicks on their referral link to create a valid PINKPEACOCK account that complies with our Terms; and (ii) the referred friend completes a rental order.

The referring user will be credited with the store credit amount described in the accompanying promotional materials or page for every new user she/he refers to PINKPEACOCK For example, if the referring user invites five friends and all five of them signs up to PINKPEACOCK and completes a rental booking, the referring user will receive RS…….. Store credits.

15.2   Redeeming Store Credits

A user’s total store credits will automatically appear as a coupon on the checkout page. Users can then enter the amount of credits they want to redeem and apply to the total balance. Store credits cannot be combined with additional coupons or promo codes. Store credits may not be transferred or exchanged for any cash or money.

Store credits may not be earned by creating multiple PINKPEACOCK accounts. Store credits accrued in multiple accounts may not be combined into one account.

 

15.3 Sharing Referral/Invite Links

Referrals should only be used for personal and non-commercial purposes, and only shared with personal connections that will appreciate receiving these invitations. Referral links should not be published or distributed where there is no reasonable basis for believing that all or most of the recipients are personal friends (such as coupon websites, Reedit, or Wikipedia).

15.4 Referred/Invited Friends

Referred friends that have signed up using a valid referral link will also receive a store credit toward their next rental booking on PINKPEACOCK The standard store credit is RS……., but may vary in some cases if the referred friend signed up as part of a special promotion. Varying credit amounts and additional terms will be shown in the referral invitation or accompanying promotional materials or pages.

15.5 Multiple Referrals

A referred friend may only use one referral link. If a referred friend receives referral links from multiple PINKPEACOCK users, only the corresponding user of the referral link used by the referred friend will receive store credit.

 

  1. Privacy Policy

17.4 The User agrees that personal credit information provided may be used and retained by PINKPEACOCK for the following purposes (and for other purposes as shall be agreed between the Client and PINKPEACOCK or required by law from time to time):
(a) the provision of Apparel on Hire; and/or
(b) analyzing, verifying and/or checking the User’s credit, payment and/or status in relation to the provision of Apparel on hire; and/or
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the User; and/or
(d) enabling the daily operation of User’s account and/or the collection of amounts outstanding in the User’s account in relation to the hire of the Apparel.

  1. General

17.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
17.2 These terms and conditions and any contract to which they apply shall be governed by the laws of the state.
17.3 PINKPEACOCK shall be under no liability whatsoever to the User for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the User arising out of a breach by PINKPEACOCK of these terms and conditions (alternatively PINKPEACOCK liability shall be limited to damages which under no circumstances shall exceed the Price paid for the hire or purchase of the Apparel).
17.4 PINKPEACOCK reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, and then that change will take effect from the date on which PINKPEACOCK notifies the User of such change. Except where PINKPEACOCK supplies further Apparel to the User and the User accepts such Apparel, the User shall be under no obligation to accept such changes.
17.5 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, rains, fire, flood, storm or other event beyond the reasonable control of either party.
17.6 The failure by PINKPEACOCK to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect PINKPEACOCK right to subsequently enforce that provision.
17.7 Unless otherwise specified, the User agrees that by sending or tagging photos of wearing PINKPEACOCK dress, PINKPEACOCK may use the images for promotional purposes including but not limited to print materials, social media platforms and newsletters.

  1. Additional Clauses Applicable to the Sale of Apparel
  2. Title to Apparel Being Sold To The User

18.1 PINKPEACOCK and the User agree that the ownership of Apparel shall not pass until:
(a) the User has paid PINKPEACOCK all amounts owing to PINKPEACOCK; and
(b) the User has met all of its other obligations to PINKPEACOCK
18.2 Receipt by PINKPEACOCK of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
17.3 It is further agreed that until ownership of the Apparel passes to the User in accordance with clause 18.1 that:
(a) the User is only a bailee of the Apparel and must return the Apparel to PINKPEACOCK on request.
(b) the User holds the benefit of the User’s insurance of the Apparel on trust for PINKPEACOCK and must pay to PINKPEACOCK the proceeds of any insurance in the event of the Apparel being lost, damaged or destroyed.
(c) the User must not sell, dispose, or otherwise part with possession of the Apparel. If the User sells, disposes or parts with possession of the Apparel then the User must hold the proceeds of any such act on trust for PINKPEACOCK and must pay or deliver the proceeds to PINKPEACOCK on demand.
(d) the User irrevocably authorizes PINKPEACOCK to enter any premises where PINKPEACOCK believes the Apparel are kept and recover possession of the Apparel.
(e) PINKPEACOCK may commence proceedings to recover the Price of the Apparel sold notwithstanding that ownership of the Apparel has not passed to the User.

  1. Defects, Warranties and Returns.

19.1 The User must inspect the Apparel on delivery and must within 15minutes of delivery notify PINKPEACOCK in writing or telephonically, of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The User must notify any other alleged defect in the Apparel as soon as reasonably possible after any such defect becomes evident. Upon such notification the User must allow PINKPEACOCK to inspect the Apparel.
19.2 Except as expressly set out in these terms and conditions, PINKPEACOCK makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Apparel. PINKPEACOCK liability in respect of these warranties is limited to the fullest extent permitted by law.
19.3 If PINKPEACOCK is required to replace/deliver the Apparel under this clause, but is unable to do so, PINKPEACOCKmay refund any money the User has paid for the Apparel.
19.4 Subject to this clause 19, returns will only be accepted provided that:
(a) the User has complied with the provisions of clause 17.1; and
(b) PINKPEACOCK has agreed that the Apparel are defective; and
(c) the Apparel are returned within a reasonable time at the User’s cost (if that cost is not significant); and
18.5 PINKPEACOCKshall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the User failing to properly maintain or store any Apparel;
(b) the User continuing the use of any Apparel after any defect became apparent or should have become apparent to a reasonably prudent user;
(c) fair wear and tear, any accident, or act of God.