This website https://www.texworks.in (the “Site”) is being made available to you free-of-charge. The terms “you”, “your”, and “yours” refer to anyone accessing, viewing, browsing, visiting or using the Site. The terms “texworks.in”, “Texworks”, “we”, “us”, and “our” refer to Texworks Tessile Private Limited, its affiliates and subsidiaries. We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as we see fit. As such, you should check these Terms and Conditions periodically. Changes will not apply to any orders we have already accepted unless the law requires. If you violate any of the terms of these Terms and Conditions you will have your access cancelled and you may be permanently banned from accessing, viewing, browsing and using the Site. Your accessing, viewing, browsing and/or using the Site after we post changes to these Terms and Conditions constitutes your acceptance and agreement to those changes, whether or not you actually reviewed them. At the bottom of this page, we will notify you of the date these Terms and Conditions were last updated.
Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.
About Us
This Site is operated by Texworks Tessile Pvt Ltd. We are a company based in Ahmedabad, Gujarat Province of INDIA and our principal place of business is located at Ahmedabad, Gujarat, INDIA.
Copyright
You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the Indian copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the INDIAN copyright laws, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
Trademarks
Texworks, texworks.in and other marks which may or may not be designated on the Site by a “®”‚ “SM”‚ or other similar designation, are registered, pending or unregistered trademarks or service marks of Texworks Tessile Private Limited, in INDIA and other countries. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Texworks Tessile Private Limited (applied for registration & under registration process). Texworks’s trademarks and trade dress may not be used in connection with any product or service that is not Texworks’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Texworks. All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Texworks.
Site Access
You may not download (other than page caching) or modify the Site or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Site or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Texworks or its Associates without our express, prior written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express, prior written consent.
Your Account
If you use the Site, you are responsible for maintaining the confidentiality of the information you submit through “My Account” and the corresponding password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under “My Account” or password. We reserve the right to refuse service, terminate accounts and to remove or edit content submitted by you in the “My Account” area of the Site.
Export
The INDIAN export control laws regulate the export and re-export of technology originating in INDIA. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.
Links
We are not responsible for the content of any sites that may be linked to or from the Site or any bulletin board associated with us or the Site. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Site are independent from us, and we have no control over the content of that other website. In addition, a link to any other web site does not imply that we endorse or accept any responsibility for the content or use of such other website.
In no event shall any reference to any third party or third-party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.
Disclaimers and Limitations of Liability
The Site is provided on an “AS IS,” “as available” basis. Neither Texworks, nor its Associates warrant that use of the Site will be uninterrupted or error-free. Neither Texworks, nor its Associates warrant the accuracy, integrity, or completeness of the Content provided on the Site or the products or services offered for sale on the Site. Further, Texworks makes no representation that Content provided on the Site is applicable or appropriate for use in locations outside of INDIA. Texworks specifically disclaims warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by Texworks or its Associates shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk.
Under no circumstances shall Texworks or its Associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Texworks records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if an authorized representative of Texworks has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such state liability is limited to the fullest extent permitted by law.
Although we take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Site, please refer to the manufacturer or Associates for details.
The products on our Site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.
Online Conduct
You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an author chat or online review), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of Texworks, its Associates, our users and customers and/or you.
Fraudulent Activity and Gift Cards / Coupons
If it is determined that a gift certificate was purchased using a fraudulent credit card, or through other unlawful means, Texworks reserves the right to cancel that gift certificate, cancel any order that was placed using that gift certificate, and remove any store credit that may have been added to an account related to the use of that gift certificate. Due to a recent increase in fraudulent activity, we would strongly discourage any customer from purchasing a gift certificate from any site other than www.texworks.in
Damage
The User shall be responsible for obtaining and maintaining telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto. The Company shall not be liable for any damages to the User’s equipment resulting from the use of the Site.
Termination of Usage
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.
Usage by Minors
This Site is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). Because we cannot prohibit minors from accessing, viewing, browsing, visiting or using the Site, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with this Site, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading.
We require that all purchases be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live), or (ii) by minors with the permission of a parent or guardian to purchase items on the Site.
Applicable Law
If you access the Site from anywhere in INDIA, you agree that the INDIAN law, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Texworks and/or its Associates.
Disputes
If you access the Site from within the INDIA, any dispute relating in any way to your visit to the Site, to these Terms and Conditions, to our Privacy and Security Policy, to our advertising or solicitation practices or to products you purchase through the Site shall be submitted to confidential arbitration in Ahmedabad, Gujarat, INDIA except that, to the extent you have in any manner violated or threatened to violate Texworks’s intellectual property rights, Texworks may seek injunctive or other appropriate relief in any state or court in the States of INDIA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing as per Indian Law. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification and Criticality
Please review our other policies, such as our Privacy and Security Policy, Returns Policy, Shipping & Delivery Policy and others, all of which are incorporated herein by this reference and are posted on the Site. These policies also govern your visit to the Site. We reserve the right to make changes to the Site, policies, and these Terms and Conditions at any point of time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
How to Order online?
After placing an order, you will receive an email from us acknowledging that we have received your order (“Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the “Shipping Confirmation”). A contract with us will only be formed when we send you the Shipping Confirmation. The contract will relate only to those products whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products which may have been part of your order in a separate Order Confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the product is no longer in our or our third-party fulfilment provider’s inventory.
Price & Availability
Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered. Our Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.
On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty.
On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our or our third-party fulfillment provider’s inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.
We will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that we accept your order the same shall be debited to your credit card account. The payment may be processed prior to our dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account. No refunds shall be applicable on the orders made by the User under the Cash on Delivery (“COD”) option.
Shipping
The term shipping or ship includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately. For example, your order may consist of (1) several different items, (2) a quantity of the same item, or, (3) a single item with several component parts the size of which might require them to be shipped in separate packages. In all such orders, we endeavor to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we commence shipping by shipping individual packages in the order the soonest they are available and conditions permit. In these instances, our notification to you that your order has shipped, marks the time when shipping has commenced; it does not mean that all items in the order have shipped at that time. All packages sent have a separate tracking number and may be followed on the Order Status page. You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping.
Risk of Loss
All items purchased from Texworks are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.
Refer-a-friend*
Visitors to texworks.in have the opportunity to invite their friends or contacts to become Texworks customers and receive store credit or coupon codes.
In order to participate in the Texworks refer-a-friend program, a visitor must first create a Texworks account. The Texworks account they create must have their real name information saved to the account. Individuals are prohibited using multiple accounts with regards to the refer-a-friend program.
The Texworks refer-a-friend program works such that, each account holder is assigned a unique invitation URL. This invitation URL can then be shared with other potential customers. If customers create an account from an invitation URL and subsequently make their first shirt purchase, the owner of the invitation URL used will receive an INR.200 store credit added to their account. For example: User A creates an account, and then shares his unique invitation code with User B. User B creates a new account on this URL and then makes his first shirt purchase. User A will then receive an INR. 200 store credit.
A “Qualified Referral” is defined as the first purchase made at texworks.in (Texworks) by a referred customer who has not previously purchased from Texworks and who creates their account via another user’s unique refer-a-friend invite link. Any additional or subsequent purchases made by the referred customer will not be Qualified Referrals.
The individual who was issued a Link by Texworks will be considered the “Referring Customer” for all Qualified Referrals made using that Link.
Only one Qualified Referral can be earned for each Referred Customer. Texworks has the right to set an annual limit on the number of Qualified Referrals earned by a single Referring Customer. Offer not valid and rewards are not payable for self-referrals, or fraudulent transactions. Offer is not redeemable for cash. Offer cannot be combined with other coupons, gift codes, gift certificates, or promotions. Offer cannot be combined with special event or affiliate program pricing discounts.
If a Referring Customer provides their unique refer-a-friend link to another person by email, the email must be created and distributed according to CAN SPAM guidelines. Spam and the use of Purchased or harvested lists is prohibited and will result in immediate termination of the Referring Customers account and deactivation of their refer-a-friend links.
Texworks reserves the right to cancel the Refer-a-Friend Program or to change these terms and conditions at any time in its sole discretion.
*This program will might be unavailable for a limited time period & will be visible on webpage in case it is live.
Invoicing
The prices of our merchandise mentioned on the website are inclusive of the GST / Applicable Taxes (except delivery charges). The GST / Applicable Taxes charged shall depend upon the destination where the order has to be shipped. The tax rate applied to the order will be the combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped.
We reserve the right to collect taxes for shipping charges wherever applicable.
Special offers
Special offers received via email to customers only, and cannot be clubbed with any other offer and is valid till the date mentioned in the email.
Discounts
Discounts are only applicable to products marked as discount, as defined on the website.
GST or Govt Taxes, as applicable, will be added in discounted items. In case of any coupon codes applied, GST will be applicable on amount after discount.
Discounts as marked are only applicable till the period of the discount, as defined on the website
Any “discounted merchandise once bought is not eligible for a return or exchange”
No other discount or coupon can be used for the purchase of any discounted merchandise
In case a sold product is found to be damaged at receipt, please contact customer service team for resolution. If established as damaged by Texworks Customer Care, they will offer exchange only for such damaged product(s), and if similar item(s) is not available for exchange – only in such cases full refund will be processed.
Delivery Time
Your order will be fulfilled within 1-week of the delivery date set out in the Shipping Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Shipping Confirmation, which could in exceptional circumstances be longer than 30 days. For Priority Shipment, your order will be fulfilled in 2-7 days, depending on the delivery address. Some remote areas or critical locations might take higher days of delivery. Intimation of same would be given during Shipping Confirmation or if required, further notifications shall be texted or mailed to you.
Colors
While we have made every effort to display as accurately as possible the colors of the products that appear on the Site, we cannot guarantee that your monitor or screen’s display of any colour will be completely accurate, as computer monitors and screens of electronic devices vary.
Indemnity
You shall to the fullest extent indemnify and hold harmless the Company, its subsidiaries and affiliates, and their respective officers, directors, shareholders, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.
Credit / Debit Card
You agree, understand and confirm that the credit card details provided by you for availing of services on the Site will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to us. Further the said information 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 otherwise’ shall be exclusively on you.
Rights
Texworks reserves its sole discretion right to cancel or amend orders where misuse is detected.
Texworks reserves the right, at any time, to replace, wholly or in part, this offer by another offer, whether similar to this offer or not, or to extend or withdraw it altogether.
Website Privacy Policy and Terms & Conditions apply.
These Terms and Conditions were last revised and made effective as of August 16, 2019
