1. Introduction

• Welcome to Puntocheeni! These Terms of Use ("Terms") govern your access to and use of our website, www.puntocheeni.store ("Website"), and the products and services provided by Puntocheeni. By accessing or using the Website, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use the Website.
   

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2. Changes to Terms

• Puntocheeni reserves the right to modify or update these Terms at any time.
   

  • ​Changes will be posted on this Website with the updated date indicated at the top of the T.O.S Page. Your continued use of the Website after changes have been posted constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms on your continued use regularly.

3. License and Use

• You are granted a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes.
   

  • ​You may not copy, modify, distribute, or create derivative works of any content on the Website without our express written permission. All rights not expressly granted are reserved by Puntocheeni.
     

  • The customers of this website “puntocheeni.store” using this website for the purpose of purchase and exploring the website accept the terms and condition relating to the fair usage of this website
     

4. Privacy Policy

• Your use of the Website is governed by our Privacy Policy ( link to be added to privacy policy Page). By using the Website, you consent to our collection, use, and disclosure of your personal information in accordance with our Privacy Policy.
   

5. User Accounts
 

• 5.1. Account Creation

  • To access certain features of the Website, you may need to create an account.
     

  • You agree to provide accurate and complete information during registration and to update your information as necessary.  additionally, Use of another User’s account information for availing the products and services on the Website is expressly prohibited.

 

• 5.2. Account Security

  • Please ensure that You exit/Log-off/Sign -out from Your account at the end of each session on the Puntocheeni Website. ​
     

  • “Your Information” is defined as any information you provide to us in the registration, buying, or listing process, in the feedback area or through any e-mail feature. We will protect Your Information in accordance with our Privacy Policy. ‘Puntocheeni’ has the right to indefinitely suspend or terminate Your membership and refuse to provide You with access to the Website at any time.
     

  • You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
    Notify "Puntocheeni" immediately of any unauthorized use of your account or any security breach. Additionally you are suggested here; to disconnected/Log off/Exit from any account that may be linked to the information you have provided to "Puntocheeni" through any of our medium of contact mediums listed for your own safety.
     

  • Puntocheeni is not liable for any loss or damage arising from your failure to protect your account information; and by this You agree that any use of the Website is at Your own risk and ‘Puntocheeni’ is not responsible for it.
     

  • If You provide any information that is or becomes untrue, inaccurate, not current or incomplete, or ‘Puntocheeni’ has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ‘Puntocheeni’ has the right to suspend or terminate Your account and refuse any and all current or future use of the Website (or any portion of the Website).

6. Cookies

• Our Website uses cookies to enhance user experience. By using the Website, you consent to our use of cookies as described in our Cookie Policy. You can control cookie settings to your preference through your browser.

7. Rules of Conduct

•         You agree not to:
   

  • Post, distribute, or reproduce any copyrighted material or proprietary information without attaining legal consent from "Puntocheeni".​
    
    -‘Puntocheeni’ may review, edit, reject, refuse to post, and/or delete any Content that in the sole discretion of Puntocheeni’ violates these Terms or which might be offensive, illegal, violate the rights, harm, or threaten the safety of another person. Any information provided by You on this Website shall not be misleading in any way.
     

  • Impersonate others or falsely represent affiliations with individuals or entities.
    -Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity.
    
    - Provides Content that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone.
     

  • Engage in any commercial activities without our consent, such as advertising or selling products.
    ​-Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;  contains videos, photographs, or images of another person without his or her express written consent or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian)
    
    -Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; engages in commercial activities and/or sales without ‘Puntocheeni’ prior written consent such as contests, sweepstakes, barter, surveys, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the Website.
    
    -You may not engage in advertising to, or solicitation of, other Users through the Website to buy or sell any products or services, including, but not limited to, products or services related to the Website. You may not transmit any chain letters or unsolicited commercial or junk e-mail to other Users via the Website. It is also a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another User outside of the Website without their prior explicit consent. 
     

  • Use the Website to harass, spam, or solicit other users of Puntocheeni and the World Wide Web.
    -Harasses or advocates harassment of another person -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, e-mail address, physical address, or phone number) or rights of publicity; promotes an illegal or unauthorized copy of another person’s copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files
     

  • Post content that is illegal, offensive, defamatory, or infringes on Human rights of others.
    -​You may not post or transmit Content, (even if made in a joking, sarcastic, or unintended manner), if it in any way offensive to other User(s), such as sexually explicit content or Content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual; 
     

  • Engage in unauthorized access or interfere with the Website’s security.
    ​-Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
    
    -Tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Terms) to the Website or to profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Website.
    
    -Solicit gambling or engage in any gambling activity which ‘Puntocheeni’, in its sole discretion, believes is or could be construed as being illegal; contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices; 
    
    -Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website, reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Website, or any other customer of the Website, including any User account not owned by You, to its source, or exploit the Website or Content made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information; 
    
    -Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems, resources, accounts, passwords, servers, or networks connected to or accessible through the Website or any affiliated or linked Websites; 
    
    -Collect or store data about other Users.
    
    -Interfere with another User’s use and enjoyment of the Website or any other User(s) enjoyment of similar services; or refers to any Website or URL that, in the sole discretion of ‘Puntocheeni’, contains material that is inappropriate for the Website, contains Content that would be prohibited on the Website, or violates the letter or spirit of this Terms of Use.
    
    -You must use the Website in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Website, including without limitation, collecting usernames and/ or e-mail addresses of registered Users by electronic or other means for the purpose of sending unsolicited e-mail and unauthorized framing of or linking to the Website, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Website, as well as attempting to gain unauthorized access to the Website or exceeding Your authorized access.
    
    -You understand that ‘Puntocheeni’ has the right at all times to disclose any information (including the identity of the Users or persons providing information or materials on the Website) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, ‘Puntocheeni’ can (and You hereby expressly authorize ‘Puntocheeni’) to disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
    
    -‘Puntocheeni’ reserves the right, but has no obligation, to monitor the Content posted in the public areas of the Website. ‘Puntocheeni’ shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right of ‘Puntocheeni’, You remain solely responsible for the Content of the materials You post in the public areas of the Website and in Your private messages. Please be advised that Content posted in public areas of the Website does not reflect the views of ‘Puntocheeni’.
    
    -In no event shall ‘Puntocheeni’ assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of the Content and/or appearance of the Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third-parties or contain any libelous, tortuous, or otherwise unlawful information.
    
    -Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other Terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. Puntocheeni’ shall not be responsible or liable for any loss or damage incurred as a result of any such dealings or as a result of the presence of such advertisers on the Website
    
    -It is possible that other Users (including unauthorized Users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Website, and that the recipient may use such information to harass or injure You. ‘Puntocheeni’ does not approve of such unauthorized uses but by using the Website You acknowledge and agree that ‘Puntocheeni’ is not responsible for the use of any personal information that You publicly disclose or share with other Users on the Website. Please carefully select the type of information that You publicly disclose or share with other Users on the Website.
    
    -Puntocheeni’ shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on Your own or through group(s) of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

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8. Customer Communications

• By creating an account or making a purchase, you agree to receive communications from Puntocheeni, including administrative and promotional emails. You can opt out of promotional communications at any time through the unsubscribe link or by contacting us at puntocheeni@gmail.com.
   

  • ​​You hereby expressly agree to receive communications, including but not limited to administrative and promotional e-mails and newsletters from ‘Puntocheeni’ by SMS and e-mail, and other known or hereinafter created communication mediums. ‘Puntocheeni’ will send You information regarding Your account activity and purchases, as well as updates about ‘Puntocheeni’ products and services, and promotional offers
     

  • All notices from ‘Puntocheeni’ and the Website will be served by e-mail to the primary e-mail address designated by You in Your account information or by general notification on the Website. Any notice to be provided to ‘Puntocheeni’ pursuant to the Terms should be sent to puntocheeni@gmail.com. You agree that all agreements, notices, disclosures, and other communications that ‘Puntocheeni’ provides to You electronically satisfy any legal requirement that such communications be in writing.

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9. Order Payments

• All payments made against purchases on the Website by You shall be as against the MRP displayed on the Website. 
   

• 9.1. Payment Processing

  •    Payments are processed through a third-party payment gateway. You agree to provide accurate payment information and to comply with the payment provider’s terms and conditions.
     

• 9.2. Responsibility

  • You are responsible for the security of your payment information. Puntocheeni is not liable for any loss or damage arising from payment fraud or issues with transactions.
     

  • You agree, understand, and confirm that the debit/credit card or net banking details provided by You for availing of services on the Website will be correct and accurate and You shall not use the debit/credit card or net banking which is not lawfully owned by You (i.e., in a transaction You must use Your own debit/credit card or net banking account). You further agree to provide the correct and valid debit/credit card or net banking details to the Website, Company, and payment gateway provider. Before dispatching Your order to You, ‘Puntocheeni’ may require You to provide additional supporting documents to establish the ownership of the payment instrument used by You for Your purchase.
     

  • You will be solely responsible for the security and confidentiality of Your debit/credit card or net banking details. The Website will not be liable for any debit/credit card or net banking fraud any loss or damage arising directly or indirectly to You including but not limited to the lack of authorization for any transaction(s), exceeding the preset limit mutually agreed by You and Your bank, payment issues arising out of the transaction, or the decline of the transaction(s) for any other reason(s). The liability for use of a card or net banking fraudulently will be on You and the onus to prove otherwise shall be exclusively on You. ‘Puntocheeni’ shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the authorization of any transaction for any reason whatsoever. ‘Puntocheeni’ will not share Your debit/credit card or net banking details with any third-party unless required by law or court order.

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10. Order Delivery

• We try our best and target to deliver products within the estimated time frame. However, delivery times are not guaranteed. Risk of loss and title for purchased items  are passed to you upon delivery to the shipping carrier.

  • ​‘Puntocheeni’ will make all reasonable efforts, but does not guarantee the delivery of products and services in the stipulated time period as mentioned on the purchase of the product. In no manner can the contract be terminated if ‘Puntocheeni’ fails to deliver one or more products in the stipulated time frame. However, if You fail to take delivery of the goods, ‘Puntocheeni’ may at its discretion charge you additional shipping cost.

  • All products purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to You upon ‘Puntocheeni’ delivery to the shipping carrier.

11. Product Descriptions & Product Exactness

• We make every effort to ensure product descriptions and images are accurate. However, Puntocheeni does not guarantee the accuracy or completeness of product descriptions. If a product does not meet your expectations, your sole remedy is to return it in unused condition
   

  • ​‘Puntocheeni’ will try its best to deliver products exactly the way they appear on the Website. However, many of ‘Puntocheenir’ products are handcrafted resulting in minor shape, size, color, texture, and design variations. ‘Puntocheeni’ disclaims any guarantees of exactness of the finish or appearance of the final product ordered by You over and above generally acceptable standards on the same. The quality of the products, services, and Content purchased or obtained by You through the Website may not meet Your expectations
     

  • Changes to certain aspects of Your order may be required due to limitations caused by availability of the product. In such instances, You agree that ‘Puntocheeni’ will call You or send an approval request via Your registered e-mail address which You submitted when placing Your order. If You do not agree with the requested change, you retain the right to reject the requested change by replying within 5-days of the approval request being sent to You, following which Your order will be cancelled and You will be fully refunded via Your initial method of payment.

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12 Pricing Error and Discrepancy

• Prices displayed on the Website are subject to change. If a pricing error occurs, Puntocheeni reserves the right to cancel or modify your order. You will be notified of any changes or cancellations.
   

  • Pricing on the product and service is as it shows, however on occasions due to any technical issue or typographical error the actual product or service price may vary. If ‘Puntocheeni’ comes across any such difference in pricing, it has all the rights to rectify the same or cancel the order.
     

  • If a product or service’s correct price is lower than the Website stated price, ‘Puntocheeni’ will charge the lower amount and send You the product or service. If a product or service’s correct price is higher than the Website stated price, ‘ Puntocheeni’ will cancel Your order and notify You of that cancellation.
     

  • The product or service price mentioned on the Website is the Maximum Retail Price (MRP) for the said product or service. Such MRP shall be inclusive of all local taxes as are applicable in India. Additional applicable taxes may be charged depending upon the destination where the order has to be shipped to. The tax rate applied and charged upon the order shall include combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. ‘Puntocheeni’ reserves the right to collect taxes and/or such other levy/ duty/ surcharge that it may have to incur in addition to the normal taxes it may have to pay. We may also charge delivery charges which may include  actual postal/shipping charges incurred by us to deliver the product or services ordered by You on the Website and/or Social Media and /or WhatsApp.
     

13. Third-Party Content and Links

• The Website may contain links to third-party websites or content. We do not endorse or control these links and are not responsible for their content. Use of third-party links is at your own risk.
   

  • ​External third-party links (“Third-Party Links”) may be provided for general information purposes only on the Website or via e-mail from ‘Puntocheeni ,but they are beyond the control of ‘Puntocheeni’ and no representation is made as to their Content, including any link contained in Third-Party Links, or any changes or updates to Third-Party Links. Use or reliance on any Third-Party Links provided on the Website and the Content thereon provided is at Your own risk. ‘Puntocheeni’ does not provide any guarantee with respect to any Third-Party Link and shall not be held liable for any loss suffered by You or any other company due to Your reliance on or use of such Content. ‘Puntocheeni’ is providing these Third-Party Links to You only as a convenience, and the inclusion of any Third-Party Link does not imply endorsement by ‘Puntocheeni’ of the Third-Party Link or any association with its operators. You are responsible for verifying the accuracy of all Third-Party Links on Your own before undertaking any reliance on such information.

14. Force Majeure/Act of God

• Puntocheeni is not liable for failure to perform any obligations due to events beyond our control, including but not limited to natural disasters, war, strikes, or government actions.

15. Waiver

• Any failure by Puntocheeni to enforce any provision of these Terms does not constitute a waiver of that provision.

16. Conflict of Terms

• If there is a conflict or contradiction between the provisions of the Website Terms and any other relevant Terms, conditions, policies or notices, the other relevant Terms, conditions, policies or notices which relate specifically to a particular section or module of the Website shall prevail in respect of Your use of the relevant section or module of the Website.

17. Severability

• If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

 

18. Governing Law and Jurisdiction

• These Terms are governed by the laws of the state of Kerala, India. Any disputes arising from the use of the Website will be resolved in the courts of Kochi, Kerala, India.

  • The use of this Website, the Terms, all transactions, and the relationship between ‘Puntocheeni’ and You shall in all respects be governed by the laws of the state of Kerala, India, regardless of the laws that might be applicable under principles of conflict of law. The User agrees that the courts located in Kochi, Kerala, India shall have exclusive jurisdiction over all controversies, claims, differences, and disputes arising under the Terms and agrees that the venue is proper in those courts.

  • You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Your use of the Website, products and services, Content, or this Terms must be filed within 1-year after such claim or cause of action arose or be forever barred.

  • By agreeing to the Terms, You hereby irrevocably waive any right You may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.
     

19. Violations of Terms of Use

• ‘Puntocheeni’ may, in its sole discretion and without prior notice, terminate Your access to the Website and cancel any outstanding orders for products and services if ‘Puntocheeni’ determines that You have violated the Terms.

  • Any violation by You of the Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to ‘Puntocheeni’, for which monetary damages is likely to be inadequate, and You consent to Puntocheeni’ obtaining any injunctive or equitable relief that ‘Puntocheeni’ deems necessary or appropriate. These remedies are in addition to any other remedies ‘Puntocheenir’ may have at law or in equity. ‘Puntocheeni’ will also be entitled to recover from You, and You agree to pay, all reasonable lawyer and court fees and costs of such action, in addition to any other relief granted to ‘Puntocheeni’

 

20. Termination

 

• The Terms of Use will continue to apply until terminated by either You or ‘Puntocheeni’.

  • We may terminate your access to the Website or cancel your orders at our discretion, including for violations of these Terms or for any other reason.

  • If You want to terminate Your agreement with ‘Puntocheeni’, You can do so by not accessing the Website, and closing your account on the Website (if an account exists)

  • ‘Puntocheeni’ reserves the right to suspend the Terms at its discretion at any time with or without notice, including but not limited to Your breach of any of the provisions of the Terms, Privacy Policy, or any other terms, conditions, or policies that may be applicable to You, technical reasons, requirement by law, or the products and services available to You on the Website are no longer commercially viable.

  • Termination may include removal of access to all or portion of the Website and deletion of any/all of Your materials and/or account information submitted by You on the Website.

  • ‘Puntocheeni’ shall not be liable to You or any third-party for any such termination. Termination shall not affect your liability or obligation arising prior to any such termination. ‘PuntocheeniPuntocheeni’ reserves the right to cease operation of the Website including but not limited to the entire or a portion of the Website, and distribution of products and services at any time, without advance notice to You.

 

21. Contact Information

For any questions or concerns regarding these Terms, please contact us at puntocheeni@gmail.com.