Terms of Service

 

Last Updated: Jul 20, 2024

 

www.softsensbaby.com is owned and operated by Softsens Consumer Products Pvt. Limited, a company incorporated under the laws of India. The use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use")  as applicable to the Website including the applicable policies which are incorporated herein by way of reference, along with any amendments / modifications made time to time by softsens at its sole discretion and posted on the Website, If you transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Softsens Consumer Products Pvt. Limited and these terms and conditions including the policies constitute your binding obligations, with Softsens Consumer Products Pvt. Limited. For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User. using the computer systems.

www.softsensbaby.com allows the User to surf the Website or make purchases without registering on the Website. The term "We", "Us", "Our" shall mean Softsens Consumer Products Pvt. Limited. When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove  any portions of these Terms of Use, at any time without any prior written notice to you. Any changes or modifications will be effective immediately upon posting  on the Website and You waive any right you may have to receive specific notice of such changes or modifications, It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. . You agree not to use the Website for any unlawful purpose or prohibited activities include, but are not limited to, harassment, transmitting obscene or offensive content, spamming, hacking, and violating the rights of others or in any way that could harm or impair anyone else's use or enjoyment of the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

Registration

The user needs to keep his/her details of their accounts and passwords confidential. This is the user’s responsibility as well as for all activities under Your Account and Password. www.softsensbaby.com will not be held accountable/responsible for any damage or loss that may arise of any failure by the customer to protect their account details and password(s).You must contact us immediately in case of any breach of your account. You may be asked to change your password incase www.softsensbaby.com feels that there has been a security breach or misuse on the website. In some cases, we may have to suspend your account without any liability to www.softsensbaby.com. without notice and for any reason, including, but not limited to, breach of  Terms of Use, fraudulent activity, or any other activity deemed harmful to the Website or its users. Upon termination, your right to use the Website will immediately cease. During the registration process, you are duly obliged to provide accurate data/information as well as complete & current data/information. It is the duty of the customer to update & maintain the registered data. If the information provided by the customer is not up-do-date, un-true, wrong, inaccurate, or incomplete, or if www.softsensbaby.com suspects (or has reasonable grounds to believe) that such information is not up-do-date, un-true, wrong, inaccurate, or incomplete with the user agreement, then www.softsensbaby.com has the right to terminate or indefinitely suspend your membership and refuse you access to the site.

Softsens cannot and will not be held liable for any loss or damage arising from authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential or otherwise. The Website also allows / shall allow restricted access to the Website for unregistered Users. Use of another User's Account Information for availing the services offered by Softsens is expressly prohibited

Pricing, Rewards and Coupons

Pricing

www.softsensbaby.com shall always try to provide the most accurate product pricing and description, although typographical errors might occur. We, www.softsensbaby.com, can’t confirm the prices of products until after it has been ordered. www.softsensbaby.com has the right to refuse or cancel any orders, at our sole discretion, placed for a product, whose price may be inaccurate or having incorrect information – due to an error in pricing and/or product description, unless the product has already been dispatched. You may be contacted by us in the case of a product being mis-priced. We may either contact you for instructions or cancel the order and notify you of any cancellation. This may be done at our discretion. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted & www.softsensbaby.com will have the right to modify the price of the product and contact you for further instructions using your email address, provided by you during the time of registration, or cancel the order and notify you of such cancellation. If www.softsensbaby.com may accept your order, the same shall be debited to your credit card account and you shall be notified via email that the payment has been processed.

Rewards

To get to know more about our rewards, please visit the “Rewards” page on our website.

Coupons

From time to time, www.softsensbaby.com shall share coupon codes as a way of offering discounts to our customers. With regards to this, and in order to prevent any sort of misuse, we have put in place come checks:

• Coupon Codes & Cart Offers will be valid upon application of the coupon code at the time of placing order.
• Coupon Codes & Cart Offers will be valid till the date communicated or till stocks last on the products, whichever happens earlier.
• Coupon Codes & Cart Offers will not be valid on all products unless otherwise mentioned.
• Coupon Codes & Cart Offers can be used only once per user per customer unless otherwise mentioned.
• Coupon Codes & Cart Offers can’t be clubbed with any other coupon code or with any other offer including offers running on the site without using coupons.
• Coupon(s) shall provide the stated discount of the coupon code or the discount already stated on the product whichever is higher unless otherwise mentioned.
• The stated discount may be shown/displayed on the website as well.
• Coupon codes, shared with a user, will be applicable on purchase made by that particular user only.
• The website reserves the right to change the terms and conditions of any coupon code any time without prior intimation.
• Shipping / Cash on delivery rules & charges apply on the net amount payable upon application of the coupon code unless otherwise mentioned.
• Cash back coupons are valid for next purchase as per the conditions mentioned with the Cash back offer (if any Cash back offer were to exist).

Privacy Policy
Please refer to our Privacy Policy for further details.

Secure Online Payments

The visitor on our website please take a note that your name, email address and other personal information submitted on our website may be stored with us and may also appear on the website. Like other platforms our server log files also receive general information such as IP address of the visitor, cookie etc. For the financial transactions by credit card Softsens Consumer Products Pvt. Limited uses a 3rd party secure payment gateway provided by “PayU” and the credit card details are ‘not stored’ with Softsens Consumer Products Pvt. Limited, instead the information is securely stored and encrypted with Visa/MasterCard. Softsens is not responsible for any loss or damage caused to User during this process as these banks/payment gateways are beyond the control of the Softsens

Transactions and Cancellations

Credit Card details

The customer hereby agrees to, understand and confirm that the credit card details provided by you, for availing of services on the Softsens website, will be correct, accurate & current. A credit card, not lawfully owned by you (the customer), shall not be used. The customer has to provide correct and valid credit card details to us. We shall not make use of the card details by sharing the details with 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 the customer and the onus to 'prove it otherwise' shall be exclusively on the customer. Softsens will not be held responsible for any financial loss, inconvenience or mental agony resulting from misuse of the Your ID/password/credit card number/Account details for using the Website

Declined and/or Fraudulent Transactions

Softsens reserves the right to recover the cost of goods, collection charges and lawyers’ fees from the person(s) concerned in the case of any fraudulent usage of/on our website. Softsens reserves the right to initiate legal proceedings against such person(s) for fraudulent usage of/on the site and any other unlawful acts in breach of these terms and conditions.

Cancellations by Customer(s)

the entire amount shall be refunded to the customer  in case we receive a cancellation notice and the order has not been shipped by us. The orders that have already been shipped out by us will not be cancelled and you will have to check our return policy on those orders.

Cancellations by Softsens

There shall be circumstances when we, (www.softsensbaby.com), may not be able to accept orders and may need to cancel the orders. We reserve the right to refuse or cancel any order for any reason at our sole discretion. Some situations that may result in your order being cancelled include:

• Quantity available for purchase,
• Errors and/or inaccuracies in product or pricing information,
• Issues identified by our credit & fraud avoidance department.

Additional verifications or information may also be asked for before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account.

The customer agrees not to dispute the decision made by us and accept our decision regarding the cancellation.

Reviews for Products

Anyone with a www.softsensbaby.com account, may post/write a review. There are no specific rules to following before writing/posting reviews, but there are some guidelines which need to be followed:

• Please write/post a review about the specific product at hand. Many other customers may use your review in order to form judgement about a specific product. Hence, an unbiased and specific review play a critical part in this process
• Always explain yourself well and don’t keep your review incomplete as it would leave other customers confused.
• Please make sure that spellings are correct and accurate as some customers may not understand the notion of the review incase they find spellings to be an issue
• Before submission of the review, please re-check to see if everything is fine. Spellcheck can help remove spelling issues. So can proofreading.

Things to be avoided while writing reviews:

• Inappropriate content
• Details not related to the product
• Different language being used
• Information going off-topic
• Using other people's reviews by simply copy and pasting

Softsens reserves the right to review materials posted by You and to remove any materials in its sole discretion. Softsens reserves the right to terminate the User's access to any or all of such communication services provided by Softsens at any time, without notice for any reason whatsoever.

By submitting a review, you grant www.softsensbaby.com a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.

Colours & Products Description

Every effort is made to display the colours of products that appear on the Site as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

Softsens attempts to be as accurate as possible in the description of the product on the Site. However, Softsens does not warrant that the product description, colour, information or other content of the Site 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.

Softsens  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.

Smart Cookies

We use 'Cookies' to keep track of your current shopping session to personalize your experience and so that you may retrieve your shopping cart at any time. 'Cookies' are tiny text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer.

Return, Refund and Cancellation Policy

Please refer to our Returns Policy for further details.

Shipping Policy

Please refer to our Shipping & Delivery for further details.

Governing Law and Jurisdiction

These Terms of Use all transactions entered into on or through the Website and the relationship between You and Softsens shall be governed by and construed in accordance with the laws of India. You agree to submit to the exclusive jurisdiction of the courts located in Mumbai, India, for the resolution of any disputes. and You hereby accede to and accept the jurisdiction of such courts.

Intellectual Property Rights

The Website, the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Softsens and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Softsens. You are not permitted to use the Marks without the prior consent of Softsens. Softsens owns all intellectual property rights in and to the trademark “Softsens”, domain name “updates.softsensbaby.com”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Softsens All content, trademarks, and data on this Website, including but not limited to text, graphics, logos, icons, designs, colors, layouts, and trademarks, are the intellectual property of Softsens Consumer Products Pvt. Limited and are protected by Indian and international intellectual property laws.

DISCLAIMER OF WARRANTIES AND LIABILITIES

You expressly understand and agree that, to the maximum extent permitted by applicable law the Website, services and other materials are provided by Softsens on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Softsens makes no warranty that (i) the Website or the services will meet your requirements or your use of the Website or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website, services or materials will be effective, accurate or reliable; (iii) the quality of the Website, services or other materials will meet your expectations; or that (iv) any errors or defects in the Website, services or other materials will be corrected. No advice or information, whether oral or written, obtained by you from Softsens or through or from use of the services shall create any warranty not expressly stated in the Terms.

To the maximum extent permitted by applicable law Softsens will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Softsens also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.

Softsens will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account Information in connection with the Website or any services or materials, either with or without your knowledge. Softsens has endeavoured to ensure that all the information on the Website is correct, but Softsens neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Softsens hall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Softsens shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond  Softsens ‘s control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website, is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Softsens is not responsible for any typographical error leading to an invalid coupon. You expressly agree that Your use of the Website is at Your risk.

INDEMNIFICATION AND LIMITATION OF LIABILITY

You agree to indemnify, defend and hold harmless Softsens including but not limited to its affiliates, vendors, representatives, directors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Softsens that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms. Further, You agree to hold Softsens harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms, or Your violation of any rights of another, including any intellectual property rights.  Notwithstanding anything to the contrary, Softsens  entire liability to You under this Terms or otherwise shall be to the extent of refund of the money charged from You for any specific  voucher or Product or service, under which the unlikely liability arises. In no event shall Softsens its officers, directors, employees, partners or suppliers be liable to You,  for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Softsens has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, services or materials.

Softsens is not responsible for any unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

GENERAL PROVISIONS

Notice: All notices of Softsens will be served by email or by general notification on the Website. Any notice provided to Softsens pursuant to the Terms should be sent to:
Softsens Consumer Products Pvt. Ltd
109, Sion East, Sion, Mumbai, Maharashtra-400022

Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. Softsens 's rights under the Terms are freely transferable by Softsens to any third parties without the requirement of seeking Your consent.

Severability: If, for any reason, a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.

Waiver: Any failure by Softsens to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by Company of that provision or right.