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Terms of use

TERMS OF USE

OLAYKO Customer Terms and Conditions

 This application software, website and any logos, designs, artwork, labels, symbols or any other product details not limited to those mentioned above are the sole property of Olayko International Pvt. Ltd. (“OLAYKO”), a company incorporated in United Kingdom having its registered office at Suite 11 Penhurst House, 352 - 356 Battersea Park Road, London, United Kingdom, SW11 3BY

Definitions and Interpretation:

 Capitalised terms or phrases as used in the Customer Terms and Conditions (“Terms and Conditions”), if not defined in this section, shall have the meaning assigned to them in the sentence immediately preceding the bold alphabets enclosed within quotes (“ “), such as in the para above. Additionally, in these Terms and Conditions, the following definitions apply:

Definitions:

“Account” refers to the user account that will be needed to create/register on Olaykos mobile application/Website to purchase products through the Olayko platform.

“Business Day” refers to working days in UK and shall relate to days on which banks in particular states are operational and/or open for business.

“Conditions” refer to the the terms of reference or use of Olayko Products in accordance with these Terms and Conditions.

“Contract” refers to the act of placing an order for a product(s) by you on Olaykos platform in line with its Terms and Conditions followed by Olaykos acceptance of the order in accordance with the process outlined in Clause 11 below.

“Customer” refers to you, i.e. any person placing any order(s), which are accepted, on the Olayko Mobile Application (“App”) and Olayko Website (Website).

“Order” Refers to the Order submitted by you on the App or Website to purchase a product on our App or Website.

“Order Confirmation” refers to the correspondence provided by Olayko to you, in which your Order is acknowledged and confirmation given that such Order has been placed in accordance with Clause 12 mentioned below.

Interpretations:

The following rules will apply to these Terms and Conditions unless the context requires otherwise or unless it is expressly stated otherwise:

*Any references to clauses” in this document refer to clauses stated within these Terms and Conditions;

*The singular includes the plural and conversely;

*A gender includes all genders;

*Where a word or phrase is defined, its other grammatical forms have a corresponding meaning;

*Mentioning anything after includeincludes or including does not limit what else might be included;

(1)   Circumstances Beyond Our Control (Force Majeure)

 Olayko shall not be liable for any delay or failure to perform its obligations under a Contract which is caused by events beyond its reasonable control. Such events shall include strikes, lock outs and industrial actions, floods, earthquakes, firestorms, riots, terrorist attacks or threats of terrorist attacks, war or threats of war, non functioning public transport or wireless or telecommunications or any change in acts decrees or legislation governing the implementation of the Contract. If such force majeur lasts for more than one week, either you or Olayko may terminate the contract forthwith by written notice. You will be entitled to a refund only, in the event of non fulfillment of contract under this clause.

(2)   Governing Law

 These Terms and Conditions and the Contract between you and Olayko and all obligations arising directly or indirectly from them shall be construed in all respects in accordance with the laws of the England & Walse. All disputes between you and Olayko arising from them shall be subject to the exclusive jurisdiction of the courted in same location.

(3)   Severability

 If any provision of the Terms and Conditions is found, by any court or administrative body of competent jurisdiction, to be invalid, unenforceable or in conflict with any applicable law, that provision shall be severed from the Terms and Conditions but the validity or enforceability of the remaining provisions shall not be affected and shall, as far as possible, remain in force.

If any provision of the Terms and Conditions is found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable.

(4)   Waiver

 No failure or delay by any party in exercising, wholly or partially, any of its rights with regard to any breach or default of these Terms and Conditions or of a Contract by the other party shall constitute a waiver of such rights. Further, no waiver of any such breach or default shall be deemed to constitute a waiver of (i) any other rights or; (ii) any subsequent or continuing breach of default.

(5)   Assignment

 Customers cannot assign, transfer, change, sub contract or deal in any other similar manner with their rights or their obligations under these Terms and Conditions or under a Contract.

(6)   Relationship

 Nothing in the Terms and Conditions or in any Contract shall create or be deemed to create a partnership, an agency or an employer-employee relationship between a Customer, or any party and Olayko.

(7)   Notices

Any notice under a Contract shall be given in writing through either letter or email to the relevant party at the address or email address last known to the other.

*Notices given by post shall be deemed to have been served within 2 Business Days of being posted to the recipient’s address within UK.

*Any notice given by email shall be deemed to have been served within 1 Business Day of the email being sent.

*In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.

(8)   Eligibility

 To effectively place an order with Olayko, you must be at least 18 years of age. In case you are under 18 and  wish  to  use  the  App/Website  to  make  a  purchase,  you  can  only  do  so  with  the involvement and under the supervision of a parent or guardian.

(9) Usage

 Customers may not misuse the App/Website in any way such as by transmitting or distributing any malware or virus, in any form, which is malicious, technologically harmful, in breach of confidence or offensive. Criminal misuse of the App/Website is strictly prohibited. No person may hack into any aspect of the App/Website, corrupt data, infringe any persons proprietary rights, send unsolicited material or in any way interfere with the performance or functionality of any computer facilities accessed through the App/Website. Any breach of these provisions shall be construed as a criminal act under applicable laws, including under applicable laws and offenders shall be subject to the strict penalties imposed therein.

(10)  App/Website Registration Process

 To place an Order through Olayko, Customers will have to register by creating an Account on the App/Website through the different channels as mentioned on the App/Website. You must also agree to only input into the App/Website information which is completely accurate, true and up to date. You shall ensure this by agreeing to inform us in case of any  changes,  either  by directly  contacting  us  through  our  customer  case  email  id: support@olayko.com  or by updating the relevant sections of the App/Website. Customers  are not allowed to misuse the App/Website through creation of multiple accounts.

(11) Order Confirmation and Delivery

 To place  an  order  on  Olayko,  Customers  will  have  to  go  through  the  order  process  on  the App/Website. After completing the process, customers will receive an Order Confirmation message through e-mail and/or SMS which will act as an acknowledgement of the Order. If the Order consists of more than one product, the products may be delivered in separate packages and at separate times to the Customer.

(12)  Payments

 Olayko offers its Customers several options for making payments. Customers can pay using:

*Olaykos third party payment partners listed on the App/Website;

*Cash on delivery; (Not applicable)

*Customers using e-gift cards, wallet credit or promotional vouchers may also choose to pay only a part of the total price.

Olayko’s third party payment partners undertake all requisite measures to minimise the risk of unauthorised access and to address all safety and privacy concerns relating to your card data and usage. Cards are subject to validation checks and authorisation by card issuers. If the required authorisation is not received, then there may be no delivery, or significant delays, in delivery of the ordered product and neither Olayko, nor its partners will be liable for the same, we will however suitably notify you regarding the same.

Post receipt of appropriate authorisation by our third party payment partners, the payment will be authorised and when you will be required to click on the order button you are confirming that the card belongs to you or that you are the legitimate holder of the e-gift card or promotional voucher and that you have sufficient funds to pay for the Product (s) you have ordered.

While it will be our utmost effort to ensure that all descriptions, prices and payment related details remain dynamically updated on the App/Website at all points in time, you agree and accept that since Olayko is a dynamic marketplace, with several sellers listing their products at any given point in time, errors may take place. In such a scenario, if you place an Order and there is an error, we will make our best efforts to inform you at the earliest so that you can make an informed decision. In case we are unable to inform you of the same, we will treat the Order as cancelled. In the event that you cancel your Order before we have shipped it to you, but you have already paid for your Order, you will receive a full refund from Olayko. In the event that you would like to obtain a specific tax invoice for your order, please write to support@olayko.com

(13) Order Refusal

 Since Olayko is a dynamic mobile marketplace, it reserves the right to withdraw any Product from the App/Website at any time and/or remove or edit any material or content on the App/Website and will not be held liable for doing so either by you or by any other third party. Olayko will make best efforts to always process all Orders, but there may be exceptional circumstances wherein, we may not be able to or refuse to process an Order after we have sent you an Order Confirmation. We reserve the right to do the same at any time, at our sole discretion. Olayko will notify you of any order cancellation at the earliest, so as to minimize any inconvenience that may be caused. If any Order placed by you has been canceled by us for any reason, post the payment has been completed by you, we will ensure that you are refunded the full amount.

(14) Cancellation by Customer of a Non Faulty Product:

If you wish to cancel your Order after it has been placed or after being paid for by you, please contact our Customer Happiness Team on support@olayko.com For orders cancelled before dispatch, no cancellation fee will be applicable. In case the Order or a part of it has been dispatched and received by you, it will need to be returned back to seller and such returns will take place, on the basis of Olayko Returns and Refunds Policy. The Customer Happiness Team and Olayko, however, reserve the right to assess the returns and refunds on a case by case basis, as mentioned in the Olayko Returns and Refunds Policy.

(15) Olayko Returns and Refunds Policies

 Olayko’s Refunds and Returns Policy has been separately published on the App/Website and is a part of these Terms and Conditions. By accepting these Terms and Conditions, you are also agreeing to the Olayko Refunds and Returns Policy.

(16) Delivery of Products

*Olayko will try its best to deliver the Product to you, at the shipping address, as specified and requested by you while placing the Order.

*In case a specific delivery date has been specified by us during your checkout or through the delivery process on the App, we will try our best to deliver it to you within the stipulated timelines. However, we shall notify you if we expect any delays on our part. You accept that we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of any delayed delivery.

*At the time of the delivery, you may be required by our third party logistics partners team to sign the acknowledgment of the delivery. In case of any issues post delivery, please feel free to contact Olayko Customer Happiness Team at support@olayko.com You must, however, comply with the requirements as specified by the Customer Happiness Team as well as in Olayko’s Returns and Refunds Policy. Should you face any inconveniences or difficulties during Olaykos Order fulfilment process and experience, do not hesitate to get in touch with us at the earliest.

*Although the dynamic nature and functionality of the Olayko App/Website will ensure at any point in time whether the information entered by you corresponds to the locations that are available for delivery through our third party logistics partners. In the unfortunate event that we are not able to communicate to you at the very outset that the Order cannot be delivered to your preferred location, we will ensure that we inform you of the same at the earliest using the contact details that you provide to us at the time of placing the Order and also arrange for either the cancellation of the Order or delivery to an alternate address, as mutually feasible to both parties.

*You will receive your delivery in our standard seller packaging. Any specific packaging requests at your end will be assessed at our end and processed if feasible and you will be notified of any change.

*Our third party logistics partners and Customer Happiness Team will do their best to ensure that the delivery takes place at a mutually convenient time and will make 3 attempts for each delivery. However, if delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not accept delivery or collect the Product from the carrier within the time period mutually agreed upon, or in case of cash on delivery, are unable to provide the required cash amount for delivery, we reserve the right to do either or both of the following:

*charge you for any fee and other costs incurred by us outside of the standard pickup and delivery costs that we incur with our third party logistics partners;

*cancel the Contract, and refund you with an amount equal to the amount paid by you (in case of an online payment) minus any additional costs as incurred by us as mentioned in f.i. above.

(17)  The Product

 By accepting these Terms and Conditions, you acknowledge:

*That the Products listed on the App/Website are not custom made and cannot be tailored or altered to meet your requirements; and

*Once the Product has been delivered to you, any risk related to the Product passes to you and Olayko will not be liable for any damage, destruction or loss to the Product thereafter.

(18)  Vouchers

 *As mentioned above in Payments, from time to time, Olayko will make available promotional vouchers, discount coupons or e-gift cards which you can avail and use while making payments for Products that you purchase on the App, as below:

*charge you for any fee and other costs incurred by us outside of the standard pickup and delivery costs that we incur with our third party logistics partners;

*You accept and agree that the credit provided to you through a promotional voucher neither accrues interest nor does it have any cash value. Further, Olayko reserves the right, to be able to, at its sole discretion discontinue or cancel any voucher previously issued on the App/Website and will not be responsible for any losses arising

*Please note that the credit of a promotional voucher may be insufficient or not applicable to pay for the Order that you wish to place, in that scenario, you would be required to make up the difference in the amount using one of our accepted payment

*Please be careful to note that in case you place an Order for a Product that is priced at less than the value of the promotional voucher you wish to redeem or avail of, Olayko will not be able to refund or offer you residual credit.

*Promotional vouchers will be valid for the period specifically stated on the App/Website and they can only be availed once. You may not be able to use them in conjunction with other promotional vouchers available to you through the App/Website. You may also not be able to use them along with other discounted items as mentioned on the App/Website. Olayko also reserves the right to exclude individual brands or stores from certain voucher promotions as and when required based on our sales and marketing strategies. Information of the same, however, will be duly provided to you through the App/Website.

*You can assign your rights to use your voucher or gift to someone other than you, who may then be able to use it.

*Olayko reserves the right to close your Account or suspend your activities on the App/Website in the event of discovery of any form of fraud, deception or suspicion of other illegal activities in connection with gift cards or vouchers on the App/Website.

*Olayko assumes no Liability for the loss, theft or illegibility of gift or promotional vouchers. In case of any issues arising in connection of the same, you are requested to get in touch with our customer happiness team at support@olayko.com and we will try to assist you to the best of our abilities.

*E-gift cards cannot be used to buy further e-gift cards. E-gift cards may only be purchased through debit card, credit card, PayPal or wallet credit and will be sent to you via email.

(19)  Cashback

*From time to time, Olayko will make available to earn cashback to your Olayko account which you can avail and use while making payments for Products that you purchase on the App, as below:

*You accept and agree that the credit provided to you through cashback neither accrues interest nor does it have any cash value. Further, Olayko reserves the right, to be able to, at its sole discretion discontinue or cancel any cashback previously issued on the App/Website and will not be responsible for any losses arising

*Please note that the cashback given may be insufficient or not applicable to pay for the Order that you wish to place, in that scenario, you would be required to make up the difference in the amount using one of our accepted payment

*Please note that cashback given is valid for one year from the received cashback date. Cashback not used within a year from the earned date, will automatically be deducted from your cashback account.

*You are not able to use cashback in conjunction with other promotional vouchers available to you through the App/Website. You can also not use them along with other discounted items as mentioned on the App/Website. Olayko also reserves the right to exclude individual brands or stores from certain cashback promotions as and when required based on our sales and marketing strategies. Information of the same, however, will be duly provided to you through the App/Website.

*You are not able to use cashback in conjunction with a coupon on the same purchase. But you are able to earn cashback in conjunction with using a coupon on the same

*Olayko reserves the right to close your Account or suspend your activities on the App/Website in the event of discovery of any form of fraud, deception or suspicion of other illegal activities in connection with cashback on the App/Website.

*Olayko assumes no Liability for the loss, theft or illegibility of cashback. In case of any issues arising in connection of the same, you are requested to get in touch with our customer happiness team at support@olayko.com and we will try to assist you to the best of our abilities.

*Cashback cannot be used to buy e-gift cards. E-gift cards may only be purchased through debit card, credit card, PayPal or wallet credit and will be sent to you via

(20)  Pay Later ( Not applicable)

 *From time to time, Olayko will make available the ‘Pay Later’ option as a mode of payment for your transactions which you can avail and use on the website/app, as per the terms & conditions stipulated thereon.

(21) Limitation of Liability

 The following provisions shall set out the entire financial liability of Olayko in relation to the Customers or any users of the App/Website for breach of or in any way related to representations. Statements or tortious acts by Olayko under these Terms and Conditions and the Contracts.

*Except as expressly provided in the Terms and Conditions/Contracts, Olayko and its suppliers/sellers, content providers and advertisers expressly exclude all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

*Olayko shall not be liable to the Customer for any loss or damage, costs or expenses (whether direct, indirect, incidental or consequential and whether relating to loss of profit, loss of business, business interruption, loss of data, depletion of goodwill or other such losses), suffered by the Customer which arise out of or in connection with the use of the Olayko website or App and any materials posted there.

*The Customer assumes all risks as to the sustainability, quality and performance.

(22)  Indemnity

 Customers agree to indemnify, defend and hold harmless Olayko, its directors, officers, employees, consultants, agents and affiliates from any and all third party claims and damages including costs (including but not limited to legal fees) arising from their use of the Olayko website or App.

(23) Privacy Policy

 For a detailed understanding of how Olayko endeavors to protect your data or privacy, please refer to Olayko’s  Privacy Policy, which forms a part of these Terms and Conditions. By  accepting these Terms and Conditions, you are deemed to have accepted, Olayko’s Privacy Policy.

(24) Customer Happiness

 *Olayko takes great pride in being able to deliver happiness and provide the best possible service and experience to its customers, while fulfilling its obligations as stated in these Terms and Conditions.

*Our Customer Happiness Team is available to sort out all your issues in the event that the experience provided by us does not meet your expectations or satisfaction. In such an unlikely event, please feel free to contact us at any time by either writing to us at support@olayko.com

*Please note – for products that come with warranties from the actual brands or manufacturers, you will be required to contact the relevant brands or manufacturers directly as specified in the warranty cards or other such details provided by

*To help us serve you better and resolve your issues at the earliest, please make sure to send us copies of the Order or at least the Order ID/Sub-Order ID that we assign you in the Order Confirmation email and message. Should you not have received any response from us within 5 Business Days, owing to any unforeseen logistical, technical or other such difficulties, please dont hesitate to contact us again.

(25) Advertising

 Olayko will comply with regulations relevant to its business and operations as published by the Office of The Consumer Protection Board while advertising on the Olayko website, application or social media.

(26)  Links

Customers are allowed to link to the Olayko website home page or App download screen, provided it is done in a way that is legal and is not likely to damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Olayko’s part where none exists. We reserve the right to withdraw linking permission without notice, in case of any breach of these Terms and Conditions.

(27) Entire Agreement

 These Terms and Conditions together with the Privacy Policy, the Refunds Policy and every one of the Orders and Contracts, made or to be made by Olayko as a marketplace and intermediary of goods sold and supplied on the platform, constitute the entire agreement between you and Olayko. Any waiver of the agreement shall be valid, only if accepted by Olayko in writing.

In accepting these Terms and Conditions, you accept that you have not replied on any representations or implied statements by Olayko and that your relationship with Olayko is covered only by the express terms and conditions of this document.

(28)  Variation

 Olayko reserves the right to amend these Terms and Conditions at any time. Any such amendment will be posted on the Olayko App and Website. Continued use of the App or the Website post amendment will deem to constitute acceptance of the new Terms and Conditions.

Olayko reserves the right to withhold your ability to shop at Olayko in case of any breach of these Terms and Conditions or any breach of your obligations of any.