Terms & Conditions

1. USE OF THIS WEBSITE

Welcome to the Achilles’ Heel by Nirali Ruparel (hereinafter “Achilles’ Heel”). achillesheel.co (the “Site”) provides as a service to its customers so as to enable its customers to be updated of all the exciting offers and sales which are held during the year. Along with this Achilles’ Heel also is an e-boutique that showcases its collections and sells to people within India and abroad. Please review the following terms carefully that govern the use of this Site (the “Agreement”). Your use of this website is subject to the following terms and all applicable laws. By accessing and browsing this website, you accept, without limitation or qualification, these terms. If you do not agree with any of the terms, please do not use this website. You are responsible to ensure that your access to this website and material available on or through it are legal in each jurisdiction in or through which you access or view the site or such material. This website is directed for use by adults. Those under the age of 13 should not use this website. In addition, if you are aged 13 or older but under the age of majority in the jurisdiction in which you reside, your parent of guardian should use this website on your behalf and you should not use the website on your own or provide any personal information to Achilles’ Heel, its affiliates or franchisees. Achilles’ Heel, its affiliates or franchisees do not knowingly collect information from children under the age of 13. Achilles’ Heel, its affiliates or franchisees reserve the right to refuse service, terminate accounts, or cancel orders in their sole discretion. We may also reserve the right to refuse any order our customers place with us without giving any reason for the same whatsoever. These restrictions may include orders placed by or under the same customer account, the same credit card, and / or orders that use the same billing address. We reserve the right to limit or prohibit sales to dealers, resellers or distributors.

Achilles’ Heel may change/modify the terms from time to time which govern the use of this site. This change may constitute moving or deleting portions or contents of, or adding to, our site from time to time. We therefore request our customers to check this page regularly to take notice of any changes we may have made in relation to the Terms of Service.

2. PRIVACY

The privacy practices of Achilles’ Heel, its affiliates and/or franchisees are explained in our Privacy Policy, which also governs your visit to this website. Your continued use of this website implies that you acknowledge that you have read the Privacy Policy and agree to be bound by and accept its terms and conditions. You consent to the use of your personal information by Achilles’ Heel, its affiliates or franchisees in accordance with the terms of and for the purposes set forth in the Privacy Policy, as same may be amended from time to time.

3. PRODUCT INFORMATION

Achilles’ Heel and its affiliates and franchisees attempt to be as accurate as possible in describing all products available for sale and/or distribution by Achilles’ Heel, its affiliates and/or franchisees. However, Achilles’ Heel, its affiliates and franchisees do not warrant that product descriptions or other content of this site are accurate, complete, reliable, current or error-free. The product prices displayed at the Site are quoted in Indian Rupees.

GIFT CERTIFICATE

Gift certificates purchased on this site can only be used on our official website www.achillesheel.co or at our flagship bespoke studio.

THIS WEBSITE AND ITS CONTENTS ARE NOT TO BE CONSTRUED AS AN OFFER TO SELL ANY PRODUCT OR SERVICE.

Exclusive retail store returns policy

In the unlikely event of any defect being noticed in the merchandise, we will exchange the same, only if:

·         The defect is brought to our notice within 24 hours from the date of receipt.

·         The defective merchandise should be returned to Achilles’ Heel, with the original invoice, tags and packaging.

·         The merchandise should not be used and must be in resalable condition

Achilles’ Heel cancellation, delivery and returns policy

Cancellation

Cancellation of orders will be NOT be entertained once the order is placed.

Delivery

The electronic proof of delivery (POD) received from our carriers will be considered as confirmation of the products having being delivered. Only after receiving the electronic POD from our carriers; we consider the order as delivered. Delivery charges will be applicable.

 Please note that we aim usually to dispatch all orders within 15 working days. The estimated delivery date commences from the date of dispatch. All orders will be complete within 2 weeks (for domestic orders) and 4 weeks (for international orders) working days unless mentioned otherwise. Achilles’ Heel is not responsible for any delays on account of customs clearance processes. If the order has not been delivered within this time frame, working days from the date of online purchase then you are requested to mail us at achillesheel.2012@gmail.com or call us on +91 9920327059 (an Indian telephone number) between 10.00 a.m. IST to 6.00 p.m. IST, Monday to Friday.

In absence of any such mail from you, under such circumstances, we would consider it as delivered.

Returns

We do not accept any returns if the product is dispatched to us after 7 days of receiving the shipment. Please report the matter for return within 48 hours of receiving the order. Once the return request is accepted and received by us, the customer care team at achillesheel.co would study the need for return or exchange and based on their jurisdiction the exchange / refund will be made possible. In such a case, the item being returned should be unused, returned in its original packaging with all the labels intact and in a resalable condition. Items damaged or altered will not qualify for replacement after it has been altered.

At Achilles’ Heel we have made every effort to display as accurately as possible the colors of our products displayed on our website. However, the actual colors you see will depend on your monitor; we cannot guarantee that your monitor’s display of every color will be accurate.

Achilles’ Heel holds the right to determine whether the item qualifies for replacement. 

Customers are requested not to accept any goods that have been damaged in transit. Please do not accept deliveries of any product, whose outer cover/package is damaged or tampered with, else our replacement policy will not lie. Please get in touch with us so that we can guide you in returning the product and getting a replacement.

Easy Domestic Returns and Exchanges

We do not accept any returns if the product is dispatched to us after 7 days of receiving the shipment. So please make sure you report the matter to us within 48 hours of receiving the order and dispatch the product at the earliest once we accept the return request. Kindly do not dispatch the products before receiving a "Return Accepted" confirmation email from us.

Please follow these simple steps to return your purchase:

1. On the invoice you receive, circle the item(s) that you're returning and note the quantity and reason(s) for return on your invoice.

2. Wait for receiving a "Return Accepted" confirmation email from us.

3. Pack your return securely in the original package, if possible, and include your completed invoice.

4. Courier the parcel back to us at :

Nirali Ruparel Gurwada Couture House Pvt. Ltd.

Achilles' Heel Bespoke Studio

Plot No. 40, Savla Chambers, Ground Floor,

Cawasji Patel Street, Horniman Circle, Fort, Mumbai 400001

Phone: + (91) 9920327059

E-mail : info@achillesheel.co, achillesheel.2012@gmail.com

Once the product is returned and accepted, we will confirm the same on mail and the refund will be made via online transfer within 15 days of acceptance. Unfortunately, we cannot refund the taxes and shipping charges.

Items damaged after use will not qualify for replacement. We do not return or exchange gift certificates, shoe care products, bags or accessories once dispatched. No returns on discounted merchandise.

International Returns

We do not offer merchandise exchanges on orders shipped internationally. In the unlikely event that any merchandise you have ordered from us is not received in good condition, is damaged or defective, or if merchandise delivered is different from what you had expected, please reach out to us at achillesheel.2012@gmail.com within 48 hours of receiving the order.

Refunds on international orders include duties, taxes and tariffs when sent, and unfortunately, we cannot refund your original domestic and international shipping charges.

We do not accept any returns if the product is dispatched to us after 7 days of receiving the shipment. So please make sure you report the matter to us and dispatch the product at the earliest once we accept the return request. Kindly do not dispatch the products before receiving a "Return Accepted" confirmation email from us.

Please follow these simple steps to return your purchase:

1. On the invoice you receive, circle the item(s) that you're returning and note the quantity and reason(s) for return on your invoice.

2. Wait for receiving a "Return Accepted" confirmation email from us.

3. Pack your return securely in the original package, if possible, and include your completed invoice.

4. Courier the parcel back to us at :

Nirali Ruparel Gurwada Couture House Pvt. Ltd.

Achilles' Heel Bespoke Studio

Plot No. 40, Savla Chambers, Ground Floor,

Cawasji Patel Street, Horniman Circle, Fort, Mumbai 400001

Phone: + (91) 9920327059

E-mail : info@achillesheel.co, achillesheel.2012@gmail.com

Once the product is returned and accepted, we will confirm the same on mail and the refund will be made via online transfer within 15 days of acceptance. Unfortunately, we cannot refund the taxes and shipping charges.

Items damaged after use will not qualify for replacement. We do not return or exchange gift certificates, shoe care products, bags or accessories once dispatched. No returns on discounted merchandise.

Disclaimer

There may be information on our website achillesheel.co that contains typographical errors, inaccuracies, or omissions that may relate to product descriptors, price, size and availability time to time. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update any information at any time without prior notice (including after you have made your online purchase and submitted the order). Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence

4. EXCLUSION OF WARRANTIES

Achilles’ Heel makes no representation or warranty regarding the functionality, the good working order or condition of this website, its suitability for use, or that its use will be uninterrupted or error-free. Achilles’ Heel does not represent, warrant or undertake that any errors on or relating to this website will be corrected, or that any server from which the website is operated is or will be free from viruses or other harmful components.

ALL MATERIAL OR INFORMATION ON THIS WEBSITE IS PROVIDED TO YOU “AS IS”, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED. ACHILLES’ HEEL, AFFILIATES AND FRANCHISEES DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

These exclusions are in addition to any specific exclusion otherwise provided in these terms and conditions. Because certain federal, state or provincial laws do not permit the exclusion of certain warranties, these exclusions may not apply to you.

5. LIMITATION OF LIABILITY

ACHILLES’ HEEL WILL NOT BE LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, FOR USE OF OR INABILITY TO USE MATERIAL, PRODUCTS OR SERVICES OF ANY KIND, TERMINATION OF RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER ON A CONTRACTUAL, TORT OR EXTRACONTRACTUAL BASIS, OR TO PROVIDE INDEMNIFICATION OR ANY OTHER REMEDY TO YOU OR ANY THIRD PARTY.

Your sole and exclusive remedy is to discontinue using and accessing this website. Because certain federal, state or provincial laws do not allow the exclusion or limitation of certain damages, these exclusions may not apply to you.

6. COPYRIGHTS AND TRADEMARKS

Material on this website, including but not limited to texts, images, illustrations, software, audio clips and video clips, is owned or otherwise provided by Achilles’ Heel, and Achilles’ Heel does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on this website is protected in INDIA by the Copyright Act (or the equivalent thereof). Consequently, the material on this website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of Achilles’ Heel. Trademarks, logos and service marks (collectively, “Marks”) displayed on this website are registered or unregistered Marks of Achilles’ Heel or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Nothing in this website is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act (or the equivalent thereof).

Notwithstanding the foregoing, Achilles’ Heel authorizes you to make one electronic or paper copy of the information posted on any page of this website provided that the copy is used solely for non-commercial, personal purposes and, in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on such website. This license does not include any resale of this site or its contents; any collection of product listings, descriptions or prices; any other derivative use of this site or its contents; any downloading or copying of information for the benefit of any merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Achilles’ Heel and its affiliates without express written consent of Achilles’ Heel. You may not use any meta tags or any other “hidden text” utilizing Achilles’ Heel’s name or trademarks without the express written consent of Achilles’ Heel. Any unauthorized use of this site and/or its contents terminates the permission or license granted by Achilles’ Heel.

7. CONFIDENTIALITY OF THE INFORMATION TRANSMITTED

You acknowledge that information or material which you provide electronically through your access to or usage of this website is not confidential or proprietary, except as may be required under applicable law or pursuant to the privacy policy of Achilles’ Heel, its affiliates or franchisees, and acknowledge that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss. You represent and warrant that the information or material which you provide electronically to Achilles’ Heel, its affiliates or franchisees by accessing or using this website does not infringe the rights of any other person or entity. You consent to Achilles’ Heel, its affiliates or franchisees using that information or material, in whole or in part by any means whatsoever, including reproducing, retransmitting or publishing this information or material or ideas, concepts or other information contained therein for the commercial purposes of Achilles’ Heel, its affiliates or franchisees or the disclosure of your identity, in accordance with the Privacy Policy of Achilles’ Heel, its affiliates or franchisees (see Section 2 above).

8. ELECTRONIC COMMUNICATIONS

When you visit this website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

9. SURVEILLANCE

Achilles’ Heel may monitor the access to its website and other activities in relation to its website and may intervene in this regard. However, Achilles’ Heel makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention, if Achilles’ Heel ever decides to do it.

10. LINKS

Links and references to other websites are provided to you as a convenience only. Achilles’ Heel has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create links from other websites to this website, except if expressly permitted by Achilles’ Heel.

11. VIRUSES, ETC

Achilles’ Heel does not represent or warrant that the information or material, including the downloadable software, accessed from or through this website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.

12. DAMAGE TO OTHERS

You agree not to introduce into or through this website any information or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.

13. RESERVE OF RIGHTS

All rights not expressly granted in these terms are reserved to Achilles’ Heel. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Achilles’ Heel or any other person or entity.

14. GOVERNING LAW

This site is controlled and operated by Achilles’ Heel from Mumbai, Maharashtra, India and these terms, this website, any use of this website and any transaction conducted on or from it shall be governed by the laws of the Indian Government and the laws of India applicable therein without reference to principles of conflict of laws.

15. DISPUTE RESOLUTIONS; INJUNCTIVE RELIEF

IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. THE LAWS OF YOUR STATE, PROVINCE OR TERRITORY MAY LIMIT THE ENFORCEABILITY OF MANDATORY ARBITRATION IN THE CONTEXT OF CERTAIN AGREEMENTS WITH CONSUMERS.

Binding Arbitration

Any dispute, difference, controversy or claim between us or by either of us against the other or the employees, agents, mandataries, officers, directors, successors, assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present terms, this website, any use of this website and any transaction conducted on or from it (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment and further including the applicability or scope of this arbitration clause (hereinafter collectively referred to as “Claims” and each, individually, as a “Claim”) shall be referred to and finally resolved by binding arbitration, to the exclusion of courts of law, in accordance with the arbitration rules set out in schedule A below, which Schedule is incorporated into and forms an integral part of these terms. However, before you submit a Claim for arbitration, you must first contact our customer service representatives, and give us an opportunity to resolve the dispute. Similarly, before Achilles’ Heel takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or Achilles’ Heel is notified by the other of a dispute, then either party may then initiate the arbitration process as provided in schedule A below.

For greater certainty, no recourse may be made by either party to any court or tribunal, whether federal, state or provincial, in respect of any matter whatsoever relating to these terms including, without limitation, any Claim, any arbitration initiated to resolve a Claim, and any arbitration award made in relation to a Claim, except as expressly permitted in these terms or by law. Any award rendered pursuant to the arbitration shall be final and binding on each of the parties and no appeal shall lie from such award. Such award may be rendered enforceable and executory by any court having jurisdiction over the person or the property of the person against whom enforcement of the award is sought.

NO CLAIM MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE PARTIES EXPRESSLY AGREE THAT ANY CLAIM THAT IS ARBITRATED PURSUANT TO THESE TERMS SHALL NOT BE CONSOLIDATED WITH ANY OTHER ARBITRAL PROCEEDING FOR ANY REASON. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THESE TERMS AND MAY NOT AWARD EXEMPLARY OR PUNITIVE DAMAGES OR ATTORNEYS' FEES. YOU AND ALDO BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THESE TERMS.

Injunctive Relief and Provisional Relief

Notwithstanding the provisions in this Section 5, schedule A or any other provision of these terms, Achilles’ Heel shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.

16. CHANGES TO TERMS / SEVERABILITY

Achilles’ Heel may modify, alter or otherwise update the terms applicable to this website from time to time. Your continued use of this site will constitute your acceptance of these terms and other policies, as modified. You will be bound by such changes. If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

17. JURISDICTION

This website is controlled and operated by Achilles’ Heel from Mumbai, Maharashtra, India. Achilles’ Heel makes no representation that materials on the website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

18. COOKIES

We may use “cookies” to track your preferences and activities on this website. Cookies are small data files transferred to your computer’s hard-drive by a website. They keep a record of your preferences making your subsequent visits to the site more efficient. Cookies may store a variety of information, including, the number of times that you access a site, your registration information and the number of times that you view a particular page or other item on the site. The use of cookies is a common practice adopted by most major sites to better serve their clients. Most browsers are designed to accept cookies, but they can be easily modified to block cookies; see your browser’s help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. You should note, however, that without cookies, some of the website’s functions will not be available, and the user will lose some of the benefits of the site.

19. NO WAIVER

The failure of Achilles’ Heel to enforce any provisions of these terms or to respond to a breach by you or any third party of these terms shall not in any way waive the right of Achilles’ Heel to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.

20. ENTIRE AGREEMENT

These terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement amongst you, Achilles’ Heel with respect to the use of this website and any transaction conducted on or from this website and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by Achilles’ Heel making such amendments or modifications available to it pursuant to the terms hereof.

21. TERMINATION

Achilles’ Heel reserves the right, at its sole discretion, to terminate your access to all or any part of this site, with or without notice.

22. HEADINGS

The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the terms and conditions herein.