Customer Terms and Conditions
Terms of Use
Welcome to www.colorflown.com . This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Colorflown marketplace platform – https://www.colorflown.com/ (hereinafter referred to as “Platform”)
The Platform is owned by Colorflown, having its registered office at West Bengal - 700001, India.
Your use of the Colorflown services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to Colorflown including the applicable policies which are incorporated herein by way of reference. These terms and conditions including the policies constitute your binding obligations with Colorflown.
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 Platform by providing data while registering on the Platform as Registered User. The term “Colorflown”, “We”, “Us”, “Our” shall mean Colorflown and its affiliates.
When You use any of the services provided by Us through the Platform, 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 portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Platform 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 Platform. By impliedly or expressly accepting these Terms of Use, You also accept and agree to adhere by Colorflown Policies included but not limited to Privacy Policy as amended from time to time.
1. User Account, Password, and Security:
1.1 If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and for all other activities that occur under your Display Name and Password.
1.2 Any information provided by You that is untrue, inaccurate, not current or incomplete shall lead to suspension or termination of your membership on the Platform. You will have no access to your account.
1.3 You agree to immediately notify Colorflown of any unauthorized use / breach of your password or account and ensure that you exit from your account at the end of each session.
2. Services Offered:
2.1 Colorflown provides a number of services through the Platform. To emphasize, it enables Users to purchase original merchandise such as grocery items, personal care essentials, cleansers, etc from reputed brands. Additionally, puja accessories, clothing, pet’s items and other domestic essentials from esteemed brands (collectively, “Products”) are also offered.
2.2 The Products can be purchased through the Platform through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. (which are found on the FAQ tab on the Platform and all of which are incorporated here by reference).
2.3 It is clarified that at the time of creating a return request, users are required to confirm (via a check box click) that the product being returned is unused and has the original tags intact. If the product returned by the user is used, damaged or if the original tags are missing, the user’s return request shall be declined, and the said product shall be re-shipped back to the customer. In this case the return request is declined and the user shall not be eligible for a refund, and Colorflown assumes no liability in this regard. But then, if the user fails to accept the receipt of the said re-shipped product, the user shall continue to be not eligible for a refund, and Colorflown assumes no liability with respect to the return or refund for the said re-shipped product.
In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product. Colorflown does not warrant that Product description or other content on the Platform is accurate, complete, reliable, or error-free and assumes no liability in this regard
3. Platform for Transaction and Communication:
The Users are to utilize this platform for their queries and transactions. Though, Colorflown is not and cannot be a party to or control in any manner any transaction between Colorflown’s Users. Henceforward:
3.1 All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation the price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Colorflown does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
3.2 Colorflown does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the platform.
3.3 Colorflown is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Colorflown cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the platform.
3.4 At no time shall Colorflown hold any right, title or interest over the products nor shall Colorflown have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.
3.5 Colorflown is only a platform that can be utilized by Users to reach a larger base to buy and sell products and avail corresponding services.
3.6 Colorflown is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall Colorflown hold any right, title or interest over the products nor shall Colorflown have any obligations or liabilities in respect of such contract.
3.7 Colorflown is not responsible for the unsatisfactory or delayed performance of services or damages or delays as a result of products that are out of stock, unavailable, or back-ordered.
3.8 Improper pricing reflecting against any product(s) on the Platform may be due to technical or typographical error, or might also be due to incorrect product information published by the seller. In such an event seller may cancel your order(s).
3.9 You release and indemnify Colorflown and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of Colorflown and specifically waive any claims that you may have on this behalf under any applicable law.
3.10 Notwithstanding its reasonable efforts on that behalf, Colorflown cannot take responsibility or control the information provided by other Users which is made available on the Platform.
4. User Conduct and Rules on the Platform:
You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:
4.1 You shall not host, display, upload modify, publish, transmit, update or share any information which belongs to another person and to which You do not have any right. Also, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever is misleading in any way that involves the transmission of “junk mail”, “Chain Letters”, or unsolicited mass mailing or “spamming” promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous, infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity that contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page) which provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses
holding video, photographs, or images of another person (with a minor or an adult).
4.2 You shall not try to gain unauthorized access or exceed the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicit passwords or personal information for commercial or unlawful purposes from other users.
4.3 You should not interfere with other USER’s Platform use and enjoyment or any other individual’s User and enjoyment of similar services, or
infringe any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products.
4.4 You shall not violate any law for the time being relating to the public order, unity, integrity, defence, security, or sovereignty of India or you shall not perform any such actions which further effects the friendly relations with foreign states, or cause incitement to the commission of any cognizable offence or prevent investigation of any offence, or insult any other nation.
4.5 You shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers.
4.6 A User may be considered fraudulent or responsible for loss to business due to fraudulent activity if any of the following scenarios are met:
a) Users fail to produce adequate documents during the payment details verification
b) Users don’t reply to the payment verification mail sent by Colorflown
c) Misuse of another Users’ phone/email
d) Users use invalid addresses, email, and phone number.
e) Overuse of a voucher code
f) Use of a special voucher not tagged to the email ID used.
g) Users return the wrong product
h) Users refuse to pay for an order
i) Users involve in the snatch and run of any order
j) Miscellaneous activities conducted with the sole intention to cause loss to business/revenue of Colorflown
k) Users with excessive returns
l) Repeated requests for monetary compensation for fake/used order
m) Colorflown may cancel any orders that classify as ‘Bulk Orders’ / ’Fraud orders’ under certain criteria at any stage of the product delivery
4.7 An order can be classified as ‘Bulk Order’/ ’Fraud Order’ if it meets the below-mentioned criteria, and any additional criteria as defined by Colorflown:
a) Products ordered are not for self-consumption but for commercial resale
b) Multiple orders are placed for the same product at the same address depending on the product category
c) Bulk quantity of the same product ordered
d) Invalid address given in order details
e) Any malpractice used to place the order
f) Any promotional voucher used for placing the ‘Bulk Order’ may not be refunded
g) Any order placed using a technological glitch/loophole
4.8 Colorflown does not facilitate business-to-business transaction between Sellers and business customers.
4.9 You are advised to refrain from transacting on the Platform if You intend to avail the benefits of input tax credit.
4.10 You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company and interrupt or causes to interrupt, damages the use by other Users of Colorflown.
4.11 You shall not use any false e-mail address, impersonate any person or entity, or otherwise mislead Colorflown by sharing multiple address and phone numbers or transact with corrupt intentions.
4.12 We on certain landing page even allow our Users to experience a free exchange of ideas and observations including ‘viewing user-generated content’ and/or ‘videos’ and ‘posting comments’, regarding grocery items and other daily needs. By accessing, viewing, and/or posting any user-generated content to any specific dedicated page on the Platform, you accept and consent to the practices described in these ‘Terms of Service’ and ‘Privacy Policies’, as well as any other terms of prescribed by the Colorflown on the Platform. When accessing, viewing, and/or posting any user-generated content on these pages, You agree and undertake to not imitate, abuse, harass, any Customer/User or violate and exploit, any of these ‘Terms of Service’ of the Platform.
4.13 You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or another automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information that is not purposely made available through the Platform. We reserve Our right to bar any such activity.
4.14 You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
4.15 You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
4.16 You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Goods & Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services.
4.17 You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
4.18 You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us.
4.19 Colorflown hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the final Product as ordered by the User.
4.20 Colorflown Return & Exchange Policy offers you the option to return or exchange items purchased on Colorflown within the return/exchange period (Please read the Product Detail Page to see the number of days upto which a product can be returned/exchanged, post-delivery). In case of return or exchange of the purchased item, please refer to the “Return and Exchange Policy” available on https://www.Colorflown.com/faqs#returns.
4.21 Please note that you can only use Colorflown Credits to buy products from your registered account on the Colorflown app or website. Colorflown Credits cannot be used for: a) payment of orders placed on other Colorflown accounts b) Transferred to any other Colorflown user’s account, bank account, or wallets, etc. c) Colorflown may unilaterally terminate Your account on any event as mentioned in the Terms Of Use under the point no. 4. User Conduct and Rules on the Platform.
4.22 Any Colorflown credits earned as goodwill compensation, earned via loyalty or referral program or promotional campaigns or earned through gift cards purchased on other platforms will be forfeited in such cases.
5. Contents Posted on Platform:
You may use information on the products and services purposely made available on the Platform for downloading, provided that:
5.1 You do not remove any proprietary notice from any of these copies of such documents
5.2 You use such information only for your personal and non-commercial informational purpose, and do not copy or post such information on any networked computer or broadcast it in any media, do not make any additional representations or warranties relating to such documents, and make no modifications to any such information.
6. Disclaimer of Warranties and Liability:
All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Platform are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Colorflown does not warrant that: Platform will be constantly available, or available at all or The information on Platform is complete, true, accurate or non-misleading.
All the Products sold on Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You. You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates.
We will not use your personal information to initiate any promotional phone calls or SMS.
7. E-Platform for Communication:
You agree, understand and acknowledge that Colorflown is an online platform that enables you to purchase products listed on the Platform at the price indicated therein at any time. You further agree and acknowledge that Colorflown is only a facilitator and is not and cannot be a party to or control in any manner any transactions on Colorflown.
8. Indemnity:
You shall indemnify and hold Colorflown, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees harmless, 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 Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
9. Trademark, Copyright and Restriction:
Platform is controlled and operated by Colorflown and products are sold by respective Sellers. All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Colorflown is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so.
Without the prior written consent of the owner, modification of the materials, use of the materials on any other Colorflown or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and it is separately prohibited. (Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.)
It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.
10. Limitation of Liability:
In no event shall Colorflown be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
a) the use or the inability to use the Services or Products
b) unauthorized access to or alteration of the user’s transmissions or data
c) breach of condition, representations or warranties by the manufacturer of the Products
d) any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service.
Colorflown shall not be held responsible for non-availability of the Colorflown during periodic maintenance operations or any unplanned suspension of access to the Colorflown. The User understands and agrees that any material and/or data downloaded at Colorflown is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, Colorflown’s liability shall be limited to an amount equal to the Products purchased value bought by You. Colorflown shall not be liable for any dispute or disagreement between Users.
11. Termination:
11.1 Colorflown may suspend or terminate your use of the Colorflown or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until Colorflown chooses to terminate them.
11.2 If You or Colorflown terminates your use of the Platform or any Service, Colorflown may delete any content or other materials relating to your use of the Service and Colorflown will have no liability to you or any third party for doing so. However, your transactions details may be preserved by Colorflown for purposes of tax or regulatory compliance.
11.3 Colorflown may unilaterally terminate Your account on any event as mentioned in the Terms Of Use under the point no. 4 “User Conduct and Rules” on the Platform. Any Colorflown credits earned as goodwill compensation, earned via loyalty or referral program or promotional campaigns or earned through gift cards purchased on other platforms will be forfeited in such cases. Returns/Refund for such Users shall be at the sole discretion of Colorflown.
11.4 If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead Colorflown by sharing multiple address and phone numbers or transacting with bad intentions, then Colorflown reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.
12. Jurisdictional Issues/Sale in India Only:
Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. Colorflown makes no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access Platform from other locations/Countries other than India do so on their own initiative and Colorflown is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
13. Governing Law:
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws, principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, applicable authorities at Kolkata. The place of jurisdiction shall be exclusively in Kolkata.
14. Contacting the Seller:
At Colorflown, we are committed towards ensuring that disputes between Sellers and Buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that You wish to contact Colorflown about the seller, You may proceed to do so by clicking on the seller name on the product listing pages. Alternatively, You may also reach out to customer support at XXXXXXXXXXX or access help center at https://www.Colorflown.com/contactus .
15. Disclaimer:
You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through Colorflown. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the sellers or manufacturers of the products. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Platform. While we have taken precautions to avoid inaccuracies in content and this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. At no time shall any right, title or interest in the products sold through or displayed on Platform vest with Colorflown nor shall Colorflown have any obligations or liabilities in respect of any transactions on Platform.
Delivery Related – User agrees and acknowledges that any claims regarding order delivery (including non-receipt/ non- delivery of order or signature verification) shall be notified to Colorflown within 5 days from the alleged date of delivery of product reflecting on the Colorflown portal. Non notification by You of non-receipt or non-delivery within the time period specified shall be construed as a deemed delivery in respect of that transaction. Colorflown disclaims any liability or responsibility for claims regarding non-delivery, non-receipt of order (including signature verification in Proof of delivery) after 5 days from the alleged date of delivery of product reflecting on the Colorflown portal.
16. Cart Notification
You understand that, in the event selected products in your cart are out of the inventory, Colorflown provides You an option in your cart to select the product of another seller, wherein the price of the product may differ due to seller being different.
17. Multiple Sellers
You understand that products of a particular specification may be sold on the Platform by multiple sellers and the product price on the listing page of the Platform, may not always reflect the lowest price for that particular specification. This is because the seller whose price is displayed on the list page is selected based on the application of a number of parameters and price is only one such parameter. However, once you land on the product display page on the Platform for a specific brand or specification, You will have access to the price offered by all sellers on the Platform for the relevant brand/specification.
18. Convenience Fee
Subject to the Terms of Use and the below terms and conditions, Colorflown may levy a convenience fee (for instance gift wrap, extra care pack, urgent delivery, etc.) on all low value orders on the Colorflown Platform, as detailed in FAQ (https://www.Colorflown.com/faqs) and for cases provided under point 5 below, hereinafter collectively referred to as “Convenience Fee”.
a) The Convenience Fee shall be specified on the shopping bag page on the Colorflown Platform.
b) The Convenience Fee shall be charged on the overall order value.
c) Colorflown reserves the right to modify/waive off the Convenience Fee from time to time.
d) The Convenience Fee shall be quoted in Indian Rupees.
e) You shall be solely responsible for compliance of all applicable laws for making payments to Colorflown - Company.
To protect the rights of customers, Colorflown reserves the right to collect Convenience Fee for all orders and disable cash on delivery option for accounts which have high percentage of returns and shipments not accepted, of the number of orders placed through such accounts.
19. Grievance Officer
In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:
Name - XXXXXXXXXX
Company Name - Colorflown
Address - XXXXX
Phone: XXXXXXXXX
Time: Mon – Sat (12:00 – 18:00)
Customer Support: You can reach our customer support team to address any of your queries or complaints by clicking the link https://www.colorflown.com/contact-us and accordingly selecting your order for which queries are to be raised.
