The domain name sundayskin.co, including any subdomains thereof, and any other websites through which its services are made available or mobile, tablet and other smart device applications, if any or application program interfaces etc. (hereinafter referred to as “Website”) is owned by Sunday Wellness Private. Limited (hereinafter referred to as “Company” or “We”, which expression shall, unless it be repugnant to the context or meaning thereof, mean and include its successors, administrators, and permitted assignees), a company incorporated under Companies Act, 2013 having its registered office at W2, GK 2, New Delhi - 110048 having CIN U24304DL2022PTC402858.
Company owns and operates the Website by the brand name of “Sunday Skin” which is engaged in creating and offering skincare, haircare products as well as products and services associated with it that are displayed and showcased on the Website (“Products”).
Website enables You to browse through the aforementioned Products and provide You with access to a variety of services, including but not limited to Website and all the products and services available through our Website (hereinafter collectively referred to as "Services").
Please read the following terms and conditions carefully before viewing, browsing, downloading, registering, accessing or using our Website. By accessing, registering on or using the Website or by using the Services provided by Company, You agree to be bound by the terms and conditions set forth below including any additional guidelines and future modifications thereto. If, at any point of time, You do not agree to these terms and conditions or do not wish to be bound by any of these terms and conditions, You shall inform Company regarding the same and may not access or use the Website and terminate this Agreement, in terms hereof.
You may use the Website in the following capacities:
Registered Customer and Guest shall hereinafter be collectively referred to as “Purchaser”
Website provides an online portal for purpose of facilitating the sale of Products by the Company by way of showcasing such Products on the Website and enabling You to browse through the aforementioned Products showcased and purchase the same from the Company.
The information available on the Website including but not limited to information regarding Products, information provided by a Registered Customer at the time of registration and any information provided by a Guest at the time of placing an Order (“Website Content”) is made available solely for the purpose of rendering Services. Website Content shall be the sole and exclusive property of the Company and Company is entitled to use the said Website Content in any manner it deems fit and proper.
You will be liable for any liability of any nature arising out of breach of any of the aforementioned covenants by You and Company shall not be liable for the same and Company shall have all the rights to take necessary actions and/or claim indemnity from You for any loss that may occur due to your involvement or participation in any way on your own or through or collectively with any other person, intentionally or unintentionally in unauthorized DoS (Denial of Service)/DDoS (Distributed Denial of Services), hacking pen-testing attempts without Company’s prior consent. Further, You agree to immediately notify Company of any unauthorized use of your account, and passwords
All Products and Services enlisted on the Website constitute as an invitation to offer. A User shall be entitled to browse through the Products available on the Website and place an order on the Website (“Order”). It is hereby clarified that Company may in its sole discretion either accept or reject an Order placed on the Website and the same shall be communicated to You by the Company through an email. Once an Order is dispatched, the Company shall intimate the Purchaser in this regard.
It is hereby clarified that Company is not a delivery company or a common carrier. Delivery of an Order shall be undertaken or facilitated by a third-party delivery service utilized by Company (“Delivery Executive”). A Delivery Executive shall not be an employee, agent or representative of Company. Company shall not be responsible or held liable for any actions or omissions of Delivery Executive. All Orders shall be delivered within 7-14 days from the date of acceptance of Order by the Company. However, Company shall not be liable for any delay in delivery for reasons that are not directly attributable to the Company.
A sale of Product through the Website shall be deemed to be completed upon acceptance of delivery of Products by a Purchaser and payment of Order Consideration (as defined below).
A Purchaser shall be liable pay a delivery fee/ facilitation fee for the delivery of Products which shall be determined at the time of placing the Order (“Convenience Fee”). Further, the price of a Product displayed on the Website visible at the time of browsing the Website is exclusive of Convenience Fee and all applicable taxes. The price of all the Products in the Order along with Convenience Fee and all applicable taxes shall hereinafter be collectively regarded as “Order Consideration”
A Purchaser shall have the option to pay the Order Consideration either at the time of placing the Order through the Website (“Pre-paid order”) or at the time of delivery of such Products (“Post-paid Order”). In case of a Pre-paid Order, the Website will facilitate such payment through secured, third-party payment gateway. A Purchaser agrees to provide correct and accurate information with respect to its credit/debit card, or pre-paid instrument account or UPI or net banking or any other information of like nature to allow the Website or the payment gateway to execute the transaction for payment of Order Consideration in a safe, secure and valid manner. Further, in case of a Post-paid Order, Purchaser shall duly pay the Order Consideration to the Delivery Executive authorized by the Company.
A Purchaser may cancel an Order prior to dispatch of the Order by emailing us at firstname.lastname@example.org An Order cannot be cancelled once it has been dispatched by the Company.
Further, a Purchaser return the Products and get refund of the Order Consideration only when such Products are unused, sealed, not damaged or tampered with, within 7 (seven) days from the delivery by emailing us at email@example.com
In case a Purchaser receives an Order where the Products are either (a) wrong Products; or (b) damaged, unsealed, expired or used Products, then Company shall offer complete replacement of such Products.
In the event a Purchase fails to accept the delivery of an Order for any reason other than as specified herein above, then such Order shall be deemed cancelled and the Purchaser shall not be entitled to receive a refund of the Order Consideration.
Company collects information from everyone who uses our Website. We use technologies like session and persistent cookies, web beacons (tiny image files on web pages that communicate information about the page viewer to the beacon owner), log data, and third-party analytics services to collect and analyze information about all users of our Services. This includes things like user search preferences, interaction with advertisements on our Website, and location.
Overall, cookies help us provide You with a better Website, by enabling us to monitor which pages You find useful and which You do not. A cookie in no way gives us access to your computer or any information about You, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but You can usually modify your browser setting to decline cookies, if you prefer. This may prevent you from taking full advantage of the Website.
If a Purchaser provides location information including but not limited to pincode, landmarks, city during the registration process or at any other time via your account settings on the Website, we will store that information and associate it with your account. We may use and store information about your location to provide a better user experience, to analyze our Website or Services with the help of third-party analytics services, to provide you with relevant advertising and marketing recommendations, and otherwise to improve and customize our Website or Services.
A User is not obliged to register and shall have the option to deactivate its registration at any time, by contacting Company’s customer care team, however, access to complete Services and Website Content is available only to a Purchaser. A User that has deactivated its account shall have to create a new account by furnishing its Personal Information to be classified or use the Website as a Registered Customer. In case such User requests Company to reactivate its deactivated account, Company shall have the right but not the obligation to fulfil such request.
The information forming part of Website Content is provided by the concerned parties and Company does not furnish any representation or accuracy of the data on the Website. It is hereby clarified that Company shall be the sole owner of the Website Content. Website Content is provided by users such as yourself and we do not filter or verify the same. If a complaint is made, Company shall take remedial measures as deemed appropriate by it.
Any reference to a Service which has been or may be provided by Company or any other party on the Website does not amount to a promise that such Service shall be available at any time. Changes to or improvements in such Services or any Website Content may be made at any time without any special notice to the User.
Company shall not be liable for any damages of any kind arising out of or relating to the use or the inability to use its Website, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including force majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages. You agree to defend, indemnify, and hold harmless, Company and/ or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of any material or your breach of these terms and conditions or any applicable law.
Website may contain links to other websites or mobile applications owned and operated by third parties who are not related to Company (“Third-Party Website”). Third-Party Websites are not under the control of Company. Consequently, Company or the Website shall not be responsible for act of Third-Party Websites.
All matters concerning any goods and/or services that You purchase from a Third-Party Website, including without limitation all contract terms, are solely between You and the owner of that site and You agree not to hold Company responsible or liable for any costs or damages to You or any third party arising directly or indirectly out of the purchase/availing by You of goods and/or services from any Third-Party Website and/or mobile application.
All content included on our Website or Services or Website Content and/or Log Data, such as text, graphics, logos, button icons, images, clips, digital downloads, data compilations, and software, is the property of Company and its content suppliers/licensors and protected by copyright laws. All software used on this Website is the property of Company.
All other trademarks not owned by Company that appear on Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company or its affiliates.
Company is committed to remove any infringing products from its Website, if so found. We understand that it is in Company’s interest to ensure that infringing products are removed from its Website.
If you are a verified rights owner and want to report an infringement issue, you may report at firstname.lastname@example.org
You must preserve all copyright, trademarks, service mark and other proprietary notices contained in the Website Content on any authorized copy you make of Website Content and/or Website. You may not sell or modify the Website Content or reproduce, display, publicly perform, distribute, or otherwise use the Website Content in any way for any public or commercial purpose, in connection with products or services that are not those of Company, in any other manner that is likely to cause confusion among consumers or that otherwise infringes the Company's intellectual property rights.
You agree that Company shall not be held responsible, in any manner whatsoever, for any information or liability arising out of any information posted/displayed on the Website and/or any use /access of the same by any third-party and is under no obligation to disable or otherwise restrict such use/access.
You shall solely be responsible for the information or any liability arising from any information that You provide transmit, store or upload on the Website or when making use of the Website. You are solely responsible for the information furnished by it and assume all risks associated with use of your information, including any reliance on its accuracy, completeness or usefulness by others. Company does not make any guarantee regarding the accuracy, currency, suitability or quality of any information and we assume no responsibility for the same.
The information posted, uploaded, published, submitted or transmitted by You on or through the Website shall not be of defamatory, obscene, pornographic or paedophilic in nature or invade the right to privacy of another person. The information shall not be harmful to the minors, impersonate another person, contain software virus or threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any foreign states.
You understand that by registering or providing information/or and accessing Services directly or indirectly from the Website, you receive the ability to use the Website and to access to Website Content including but not limited to details of Sellers.
You further acknowledge and agree that You are not acting upon the advice or direction of Company or any of its subsidiaries, affiliates, officers, directors, employees, agents. Company is not advising or guiding You on your engagements or your transactions on the Websites. We do not verify legality of your transactions and shall not be held liable for the same.
You also acknowledge and agree that at all times, it is your responsibility to be familiar with, to abide by and to comply with all relevant laws, rules and regulations that may apply to You and your relationship with any other user of the Website including but not limited to employment and labour laws.
We only make available the Website Content on an ‘as is’ basis. Nothing contained herein shall be deemed to construe as the advice, views, opinions or beliefs of Company or endorsement of any person by Company, and Company makes no claim of accuracy of any user posted material. A User shall be solely responsible for any data or information provided by him/her and any liability arising in respect thereof including against Company. Further, it shall be the sole responsibility of a User to ensure compliance with all laws or regulations applicable to it and the information furnished by it.
The Products enlisted on the Website are meant for Your personal use and the information provided has been collected from other sources to inform You about the possible benefits of ingredients used thereof. Please do not use the Website Content or any other such information found within Website to self-diagnose any medical conditions or treat any health problems or diseases and such Website Content or information is not intended or prescribe or be taken as medical advice. Please consult Your doctor, should You have any concerns that require medical attention.
Further, we maintain a transparent policy, where each Product description on our website includes a complete list of ingredients and Company shall be not responsible for any individual reaction to any particular ingredient. In case You have sensitivities to any listed ingredient, You should not use the Product. We recommend testing the Product on a small patch before complete application. Please read the ingredient list carefully to check for allergens.
Company shall not be liable for any damages of any kind arising out of or relating to the use or the inability to use Website, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including force majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages.
Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to or alteration of User's data/information. Company shall not be responsible for any problem or technical malfunction, on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the internet or at any website or combination thereof, including injury or damage to any User or to any other person's computer related to or resulting from participating or downloading materials/information from the Website.
Company shall not be liable on account of any inaccuracy of information on Website. Any breach of privacy or of the information provided by the User to Company to be placed on the Website by technical or any other means is not the responsibility of Company and Company does not guarantee confidentiality of information provided to it by any person acquiring/using all/any information displayed on the Website or any of its other websites / domains, if any, owned and operated by Company.
COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES/THEFT AND/OR CRIMINAL ACTIVITY WHICH IS DEEMED AS AN OFFENCE UNDER ANY APPLICABLE LAWS OF INDIA AND/OR OUTSIDE INDIAN TERRITORY DONE BY A USER OR A PURCHASER. THE PERSON DOING SUCH CRIMINAL ACTIVITY SHALL BE WHOLLY AND SOLELY RESPONSIBLE FOR SUCH CONDUCT. NEITHER THE COMPLAINANT NOR THE ALLEGED OFFENDER SHALL HOLD COMPANY RESPONSIBLE FOR THE SAME. A USER HAS AN OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS WITH RESPECT TO PURCHASE OF PRODUCTS. COMPANY OR ITS AFFILIATES SHALL HAVE ABSOLUTELY NO LIABILITY AND/OR RESPONSIBILITY TOWARDS A USER IN CASE OF SUCH CIRCUMSTANCES. NO CIVIL OR CRIMINAL LIABILITY SHALL ARISE AGAINST COMPANY OR ITS AFFILIATES.
Visiting the Website, sending emails to Company, constitutes electronic communications. You consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that we provide to You electronically, via email and on the Website or any other electronic mode that Company may deem fit, satisfy any legal requirement that such communications be in writing.
We reserve the right to recover the costs and lawyers’ fees from persons using the Website fraudulently including but not limited to copying, selling, distributing, transferring the Website Content. Company reserves the right to initiate legal proceedings against such User or any other person for fraudulent use of the Website.
In accordance with the Information and Technology Act, 2000 and the rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Address: W2, GK 2, New Delhi -110048
This Website is published, controlled, owned and operated by Company.
Please forward any comments or complaints about the Website to email@example.com
Please forward any questions regarding other legal matters to firstname.lastname@example.org
Effective as of 1st February 2023