Terms and Conditions

Terms of Engagement

Welcome to Modal Fashion! Before you dive into exploring our exclusive collection of Indian kurtis, please take a moment to review these important terms and conditions (“Terms”). These Terms, along with our Privacy Policy and any additional policies displayed on our site, form a binding agreement between you and us. By accessing or using our Platform, you agree to be bound by these Terms as updated from time to time.

1. Understanding Our Terms

1.1 What is Modal Fashion?

  1. Modal Fashion is a unique platform where we offer a curated selection of biodegradable Indian kurtis that blend traditional craftsmanship with modern sustainability.
  2. Our website and app (collectively referred to as the “Platform”) are operated by Modal Fashion Pvt. Ltd. (“Company”).
  3. Our role is to manage the Platform, including marketing, payment processing, and order management, ensuring a seamless experience between our curated designs and your wardrobe.
  4. Note that the full range of our services is available through our app, which you need to install for a complete shopping experience.

1.2 When Do These Terms Apply?

  1. These Terms apply when you access, use, or interact with any part of our Platform, including browsing, purchasing, or simply exploring our offerings. By using our Platform, you agree to abide by these Terms, effective from the moment you first access our Platform or when the Terms are updated.

1.3 Can These Terms Change?

  1. We may revise these Terms periodically. The latest version will always be available on our Platform. Be sure to revisit regularly to stay updated on any changes. Your continued use of our Platform after updates signifies your acceptance of these changes.

1.4 What If I Don’t Agree with the Terms?

  1. If you disagree with any part of these Terms, we advise you to discontinue use of our Platform. By continuing to engage with our services, you acknowledge and accept the updated Terms.

2. Account Creation and Management

2.1 Do I Need to Create an Account?

  1. Yes, creating an account is essential for accessing our services. Registration allows you to buy and explore our kurtis, and is limited to this purpose only. Membership is non-transferable and subject to these Terms.

2.2 Are There Eligibility Requirements?

  1. To use our Platform, you must be at least 18 years old and capable of forming legally binding contracts under Indian law.
  2. If it is discovered that you do not meet these criteria, we may terminate your account and deny access to our Platform.

2.3 What Do I Need to Register?

  1. During registration, you must provide a valid phone number. This allows us to communicate with you regarding orders and updates. If you wish to opt out of promotional messages, you can do so through the provided options or by contacting our support team.
  2. It is your responsibility to ensure your contact information is accurate and current.

2.4 Can My Account Be Suspended or Terminated?

  1. We maintain the right to suspend or close your account under the following circumstances:
    • Information provided is inaccurate or outdated.
    • We detect unreasonable pricing, excessive returns, or any fraudulent activity.
    • You fail to comply with these Terms or applicable laws.
  2. In case of fraud or breach, we may withhold payments and impose penalties.

2.5 What Are My Responsibilities?

  1. You are responsible for all activities under your account and must keep your account details confidential.
  2. If you notice any unauthorized use of your account, you must notify us immediately.
  3. Having an account does not grant you ownership of any rights in the Platform. All rights are owned by the Company

Ordering and Financial Terms

Placing Orders with Modal Fashion

  1. Order Process: At Modal Fashion, you can effortlessly place orders for our exquisite range of biodegradable Indian kurtis through our platform. Upon receiving your order, we promptly notify both you and the supplier, confirming the transaction. We also keep you updated on product availability, pricing changes, and any other relevant information. Final confirmation from the supplier seals the deal.
  2. Marketplace Role: Modal Fashion operates as a facilitator connecting you with our curated suppliers. We don’t sell products directly or control the suppliers, but we strive to provide a seamless shopping experience. To ensure smooth transactions, please provide accurate and up-to-date purchase and account details.
  3. Order Fulfillment: If you’re buying through a reseller, the responsibility for order fulfillment rests with the reseller. Modal Fashion supports resellers by providing relevant services, but we don’t have a direct contractual relationship with the end user.

Commercial Terms on Our Platform

  1. Supplier Agreements: All commercial terms, including pricing, delivery schedules, and product warranties, are set by our suppliers and agreed upon directly with you. Modal Fashion doesn’t influence these terms and merely acts as a marketplace facilitator.
  2. Reseller Transactions: When resellers handle deliveries, Modal Fashion only provides support services. We do not engage in or dictate the commercial terms between resellers and their customers.
  3. Policy Updates: We regularly update our policies regarding returns, exchanges, refunds, and cancellations. Modal Fashion reserves the right to amend these policies as needed, without prior notice.
  4. Payment Policies: We may withhold benefits such as COD payments or refunds at our discretion due to internal or external factors.

Payment and Settlement

  1. Payment Facilitation: Modal Fashion may act as a payment agent for suppliers or resellers, facilitating transactions. However, we do not provide banking services or hold fiduciary responsibility for the transactions. Any fees charged by your bank are not covered by us.
  2. Information Requirements: To complete transactions, you may need to provide personal and payment information. This information might be processed by third-party payment processors, and you should review their terms and privacy policies. If a reseller provides information to us, they must ensure proper consent from their customers.
  3. Tax Responsibility: Suppliers and resellers determine and handle all applicable taxes. Modal Fashion does not bear responsibility for tax issues arising from transactions.
  4. Bank Account Updates: Users can update bank details within certain limits. Repeated attempts or issues will require contacting customer support. We may also restrict or block COD payments based on various factors.

Service Charges and Offers

  1. Service Fees: Some services may involve charges as set by Modal Fashion, which will be displayed at the time of purchase. We reserve the right to adjust these fees and introduce new chargeable services as needed.
  2. Promotional Offers: Discounts and promotions may come from suppliers or Modal Fashion. Offers may be time-limited, subject to change, and cannot be exchanged for cash. Specific terms apply to each offer and may be updated regularly.
  3. Loyalty Program: Modal Fashion’s Loyalty Program allows eligible users to earn and redeem Smart Coins for discounts. Terms include specific earning criteria, redemption caps, and expiration policies. The Smart Coins are non-transferrable and cannot be converted to cash.
  4. Program Modifications: Modal Fashion reserves the right to modify or discontinue the Loyalty Program and its features, with or without notice. Participation in the program requires compliance with all applicable laws.

This updated guide ensures a smooth and transparent experience with Modal Fashion, highlighting our commitment to sustainability and exceptional service.

Navigating Modal Fashion: Your Experience and Responsibilities

4.1 Access and Use of Our Platform

  1. Availability
    At Modal Fashion, we strive to ensure our platform is accessible around the clock. However, we cannot guarantee uninterrupted or error-free access, nor can we assure that the platform will be free from viruses or other harmful components. We are committed to addressing any issues, but there may be occasional interruptions.
  2. Connectivity and Costs
    Accessing our platform requires a stable internet connection and may incur costs related to data usage or telecommunication. Users are responsible for these expenses, and Modal Fashion is not liable for any associated charges.
  3. Compatibility
    Our platform may not be compatible with all hardware and software. We make no guarantees about the performance or compatibility of the platform with every possible device or operating system.
  4. Ongoing Improvements
    The platform is continually updated, and some features may be in development or not fully operational at all times. Modal Fashion provides the platform on an ‘as is’ basis and disclaims any warranties related to its performance or functionality.
  5. Data and Security
    Users are responsible for protecting their own data systems. Modal Fashion is not liable for any damage or data loss that may occur from using our platform. We do not offer warranties beyond what is explicitly stated.

4.2 Company’s Role and Responsibilities

  1. Facilitator of Transactions
    Modal Fashion acts as an intermediary in transactions between users and suppliers. We do not guarantee the performance of transactions or resolve disputes between parties. Our role is limited to facilitating connections and transactions.
  2. Information Accuracy
    We do not endorse or take responsibility for the accuracy of information provided by users or suppliers on our platform. Any errors or discrepancies related to supplier information are beyond our control.
  3. User and Supplier Representation
    Modal Fashion does not represent users or suppliers and disclaims any liability regarding their legal standing, creditworthiness, or identity. We encourage users to verify the legitimacy of suppliers independently.
  4. No Possession of Goods
    We do not take possession of products or hold any rights or claims over items sold on our platform. Modal Fashion is not liable for any issues related to stock availability or order fulfillment.

4.3 Usage Guidelines and Compliance

  1. Prohibited Content
    Users are prohibited from uploading or sharing any content that is unlawful, damaging, or violates the rights of others. This includes, but is not limited to, content that is defamatory, obscene, or threatening.
  2. User Responsibilities
    Users are required to provide accurate and lawful information when registering. The platform is for personal use only, and users must not authorize others to use their accounts.
  3. Content Restrictions
    Users must avoid posting content that is offensive, discriminatory, or violates any laws. This includes content that promotes illegal activities or contains harmful viruses.
  4. Platform Integrity
    Users must not interfere with the functionality of the platform or attempt to gain unauthorized access. Any attempt to compromise the security or disrupt the platform’s operations is prohibited.
  5. Compliance with Laws
    Users must adhere to all applicable laws and regulations, including those related to information technology and data protection. Transactions must comply with local and international legal standards.
  6. Rights to Information
    By using our platform, users grant Modal Fashion the right to use their information as outlined in our agreement. This includes a global, perpetual license to utilize data for service provision.
  7. Enforcement
    Modal Fashion reserves the right to disable accounts or take legal action if users violate these terms. We are committed to maintaining the integrity and security of our platform and will address any breaches accordingly.

Our Fair Usage Policy

At Modal Fashion, our commitment is to deliver an exceptional experience for both our valued customers and trusted suppliers. We aim to foster a welcoming and fair environment through our user-friendly policies. To uphold the integrity of our platform, we monitor user behavior, including tracking order histories and interactions to ensure compliance with our guidelines. Should any discrepancies or suspicious activities arise, we reserve the right to take appropriate measures to address and rectify the situation.

If a user is found to be engaging in activities that undermine our platform’s integrity—such as fraud, misconduct, or excessive claims and cancellations—we may take the following actions:

  1. Additional Fees: We may impose a fee on users whose behavior deviates significantly from the norm. This fee will be tailored based on the nature of the issue, order history, and other relevant factors.
  2. Restricted Access: Certain platform benefits may be withheld, including but not limited to, the option for cash on delivery, refund claims, or product returns.
  3. Transaction Suspension: Continued misuse or failure to improve behavior may lead to a temporary or permanent suspension of transaction privileges on our platform.

We encourage all users to engage with Modal Fashion respectfully and in accordance with our policies to avoid any such actions. Improving your engagement metrics and adhering to our guidelines will help maintain a smooth and enjoyable experience.

Conversely, users who consistently follow our policies and use the platform in good faith may be rewarded with additional benefits, such as exclusive discounts, special offers, and giveaways. Your positive behavior can lead to enhanced rewards and a more enjoyable shopping experience with Modal Fashion

Accuracy and Completeness of Information on Modal Fashion

1. Ensuring Information Precision

At Modal Fashion, we strive to present accurate and up-to-date information about our exquisite collection of Indian kurtis. While we make every effort to ensure the details on our platform are precise, the content provided is intended for general guidance and should not be solely relied upon for making decisions. We encourage our users to consult additional sources for the most accurate and comprehensive information. Please note that the product details displayed are provided by our trusted suppliers, who are responsible for the accuracy of their information. Although we conduct regular checks to maintain platform quality, we do not control the content supplied by these vendors.

2. Updates and Accuracy of Information

We do not commit to routinely updating or amending the information on our platform, including pricing details, except where required by law. Modal Fashion does not assume responsibility for ensuring the accuracy of user-provided information. Users rely on the material on our platform at their own risk.

3. Historical and Updated Information

Our platform may include historical information for reference purposes only. This content is not current and is provided as-is. Modal Fashion reserves the right to modify the platform’s content at any time, but we are not obligated to update it regularly. It is the user’s responsibility to stay informed about any changes to the information on our platform.

4. Addressing Errors and Omissions

Occasionally, our platform may contain typographical errors, inaccuracies, or omissions related to product details, pricing, promotions, shipping charges, or availability. We reserve the right to correct any errors and update information as needed without prior notice.

5. Information ‘As Is’

All information on Modal Fashion is provided ‘as is,’ without any guarantees regarding completeness, accuracy, or timeliness. We do not offer any warranties, express or implied, including those related to performance, merchantability, or fitness for a particular purpose. Users should conduct their own investigations and use sound judgment when making decisions based on the information provided.

Supplier-Provided Information

1. Role of Suppliers

Not all product information on our platform is provided by Modal Fashion. Suppliers are responsible for the details related to the products they offer. These suppliers are expected to provide accurate information and avoid exaggerating product attributes in a way that could mislead users.

2. Monitoring and Content Control

While Modal Fashion reserves the right to monitor the content posted on our platform, we are not obligated to do so. We may remove or edit content that, in our discretion, violates applicable laws or our terms. However, we do not assume responsibility or liability for any content posted by suppliers or the resulting claims, damages, or losses.

3. Supplier Responsibility

Suppliers are solely responsible for the accuracy of product details, including quality and saleability. Modal Fashion does not endorse or guarantee the products sold by suppliers and does not assume responsibility for any inaccuracies or issues related to these products.

4. Information Accuracy Disclaimer

Modal Fashion is not liable for any inaccuracies, incompleteness, or outdated information provided by users or suppliers on our platform.

Listing and Selling Guidelines

1. Supplier Responsibilities

As a Supplier with Modal Fashion, your commitment extends beyond this Agreement to encompass the following essential legal requirements:

  1. Legal Compliance: Adhere to relevant Indian laws including:
    • The Legal Metrology Act, 2009 and its Packaging Rules.
    • The Drugs and Cosmetics Act of 1940, along with its associated regulations.
    • The Consumer Protection (E-Commerce) Rules, 2020.
    • The Food Safety and Standards Act, 2006, and associated regulations regarding packaging, labeling, and food products.
  2. Product Compliance: Ensure that all products comply with the required labeling and packaging laws. Modal Fashion is not liable for any legal issues arising from non-compliance; this responsibility falls solely on the Supplier. Suppliers must indemnify Modal Fashion against any losses or damages resulting from violations of these regulations.

2. Product Listing

  1. Eligibility for Listing: Suppliers can list their products on the Modal Fashion platform as long as they adhere to this Agreement and any specific contracts with Modal Fashion. Your product listings should be legally compliant, and you must ensure that your offerings do not infringe on any third-party intellectual property rights.
  2. Product Integrity: By listing products, you confirm that you have the legal right to sell these items and that they do not violate any intellectual property rights or privacy laws. Avoid using third-party images or content without proper authorization. Modal Fashion is not responsible for breaches of these rights.

User Information and Third-Party Tools

1. Information Collection and Usage

  1. Data Collection: Modal Fashion collects various types of information from users, both personal and non-personal, to facilitate platform operations such as registration, orders, and payments.
  2. Privacy Practices: For detailed information on how we handle user data, please review our Privacy Policy available on our platform.

2. Third-Party Tools

  1. Access and Risk: Modal Fashion may provide access to third-party tools. These tools are offered on an ‘as is’ basis, and we do not monitor or control them. Users are responsible for reviewing and accepting the terms of any third-party tools they choose to use.
  2. New Features: Occasionally, we may introduce new features that include third-party tools. These will also be subject to our Agreement. For any concerns about third-party tools, please contact the respective providers directly.

3. Third-Party Links

  1. External Content: The platform may contain links to third-party websites or materials. Modal Fashion does not control or endorse these external sites and is not liable for their content or any issues arising from transactions with third parties. Users should review the policies of these external sites before engaging with them.

Intellectual Property

1. Use of Trademarks

  1. Restrictions: Users may not use any trademarks or logos of Modal Fashion or any third party without prior written consent. Any unauthorized use of our trademarks is expressly forbidden.
  2. Material Usage: Users must not alter or use any content from the platform for commercial purposes without obtaining a license from Modal Fashion. All rights not explicitly granted are reserved.

    All rights not expressly granted are fully reserved.

    Digital Protection: The platform may include security measures to protect digital materials. Users agree not to interfere with these protections.

2. Handling IP Infringement

  1. Ownership and Compliance: Intellectual property owned by users or suppliers is their responsibility. Modal Fashion reserves the right to remove content that may violate this Agreement or is deemed inappropriate.
  2. Action Against Infringement: We may suspend or terminate accounts involved in IP disputes. Modal Fashion is not liable for any damages resulting from such actions and encourages users to report suspected infringements.

  3. Policy Review: For more details, please consult our Intellectual Property Policy available on our platform.

Terms of Use and Disclaimers

Platform and Service Disclaimers

  1. Liability Limitations: At Modal Fashion, we strive to offer the best service, but we cannot be held responsible for any special, incidental, indirect, consequential, or punitive damages arising from the use of our website or services. This includes, but is not limited to, loss of goodwill, revenue, or anticipated profits, whether foreseeable or not, and whether or not we were advised of the possibility of such damages. Our liability is limited, and we do not accept responsibility for any errors or issues related to our platform or transactions.
  2. Content and Platform Use: We are not liable for any direct, indirect, incidental, punitive, special, or consequential damages, including financial losses, data loss, or replacement costs, resulting from the use of our platform. This also extends to any errors or omissions in content or any loss incurred from using our site, even if we were advised of potential issues.
  3. User Responsibility: Users are responsible for any damage to their own data systems or loss of data resulting from downloading content from our platform. Our guidance or information provided through the site does not constitute a warranty unless explicitly stated.
  4. Supplier Accountability: Suppliers listing products on Modal Fashion are responsible for the accuracy of their product information. Users must use products safely and legally. Modal Fashion is not liable for any loss, claims, or damages arising from improper or illegal use of products sold through our platform.

Advertisement Disclaimers

  1. Advertisement Accuracy: Advertisements on our platform are intended for general information and personal use only. We do not endorse or guarantee the accuracy or reliability of these advertisements. Modal Fashion is not responsible for any issues related to the content or accuracy of these ads.
  2. Third-Party Advertisers: Advertisements are displayed at the request of third-party advertisers, over whom Modal Fashion has no control. We do not endorse or guarantee the products or services advertised. We are not liable for any errors or omissions made by third-party advertisers.
  3. User Interactions with Advertisers: Any interactions, transactions, or dealings with advertisers found on our platform are solely between the user and the advertiser. Modal Fashion is not responsible for any loss or damage resulting from these interactions.
  4. External Links: Clicking on links in advertisements may direct users to third-party websites not operated by Modal Fashion. We are not responsible for the content or policies of these external sites and users access them at their own risk.
  5. Advertisement Discrepancies: Modal Fashion disclaims any liability related to advertisements, including inaccuracies, misleading information, or non-compliance with laws.

Product Representation in Advertisements

  1. Product Images: Product images in advertisements are for illustrative purposes only and may differ from the actual products.
  2. Deals and Discounts: Any deals or discounts mentioned in advertisements are provided by participating sellers and are not managed by Modal Fashion.
  3. Pricing Information: Prices shown in advertisements are for reference and may differ from actual product prices.
  4. Promotional Content: Promotional offers displayed may vary based on individual factors such as usage, location, and timing.
  5. Offer Changes: Modal Fashion and its suppliers may change or discontinue offers and discounts without prior notice.
  6. Data Accuracy: Modal Fashion is not responsible for any inaccuracies in data shown in advertisements. Product information may not always be current.

Force Majeure

  1. Unforeseen Events: Modal Fashion is not liable for any damages resulting from force majeure events, including but not limited to natural disasters, wars, civil unrest, or pandemics. We may suspend or limit our platform’s operation during such events.

User Liability

  1. Indemnification: Users agree to indemnify and hold harmless Modal Fashion and its affiliates from any claims, damages, or expenses arising from their use of the platform, breach of agreement, or violation of third-party rights or applicable laws.

These terms are designed to ensure a clear understanding of the responsibilities and limitations associated with using Modal Fashion’s platform and services.

Essential Information for Our Fashion Enthusiasts

11.1 Legal Governance
Our operations and agreements are governed by the laws of India. Any disputes or legal matters related to our services or platform will fall under the jurisdiction of the courts in Bangalore, India.

11.2 Transfer of Obligations
Modal Fashion reserves the right to transfer any of its responsibilities and obligations under this agreement to another person or entity as needed.

11.3 Rights and Provisions
If we fail to enforce any right or provision in this agreement, it does not imply a waiver of that right or provision. We maintain our commitment to upholding all terms.

11.4 Platform Access
Our platform is managed and operated from India. We do not guarantee that the content, information, or materials will be available or suitable for use in locations outside India. Users accessing our platform from other regions do so at their own risk and are responsible for adhering to local laws. Modal Fashion will not be liable for any issues arising from such use.

11.5 Platform Features and Changes
We continually strive to enhance your experience with new features and updates. Modal Fashion reserves the right to introduce, modify, or remove features and functionalities without prior notice. We may also change the nature of our services, including introducing charges for previously free services, at our discretion and without prior notice.