Terms & Conditions

TERMS OF USE

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) 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 www.999lungies.com website.

The domain name www.999lungies.com (hereinafter referred to as "Website") is owned by K.A.S Zainulabdin & Co, with its registered office at No.196, Angappan Street, Chennai - 600 001, Tamilnadu, India (hereinafter referred to as "999lungies").

Your use of the Website and services and tools are governed by the following terms and conditions ( "Terms of Use" ) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with K.A.S Zainulabdin & Co and these terms and conditions including the policies constitute your binding obligations, with 999lungies.

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 the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. 999lungies allows the User to surf the Website or making purchases without registering on the Website. The term "We" , "Us" , "Our" shall mean K.A.S Zainulabdin & Co.

When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews, Seller Reviews), 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. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website 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 Website.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by 999lungies Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.

MEMBERSHIP ELIGIBILITY

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the 999lungies website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. 999lungies reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to 999lungies's notice or if it is discovered that you are under the age of 18 years.

YOUR ACCOUNT AND REGISTRATION OBLIGATIONS

If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

COMMUNICATIONS

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

USE OF THE WEBSITE

You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:

1. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
2. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
3. You shall not 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. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
4. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms 999lungies.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of 999lungies on platform or otherwise tarnish or dilute any 999lungies's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or 999lungies's systems or networks, or any systems or networks connected to 999lungies.
5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
6. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
7. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of 999lungies and / or others.
8. 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 GST, Income Tax, 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. 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.
9. Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.

DISCLAIMER OF WARRANTIES AND LIABILITY

This Website, all the materials and products and services, included on or otherwise made available to You through this site 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, 999lungies does not warrant that:

This Website will be constantly available, or available at all; or

The information on this Website is complete, true, accurate or non-misleading.

999lungies will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. 999lungies does not warrant that this site; information, Content, materials, product or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if we are unable to deliver such Products due to implications of different state laws, we will return or will give credit for the amount (if any) received in advance by us 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 Website. 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.

PAYMENT FACILITY FOR BUYERS:

You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the us to purchase the products and /or services from the us using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.

999LUNGIES WILL NORMALLY DESPATCH THE GOODS ORDERED THROUGH OUR WEBSITE IN THREE WORKING DAYS EXCLUDING THE DAY OF ORDER. You, as a Buyer, may agree with us through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.

You, as a Buyer, shall electronically notify Payment Facility using the appropriate 999lungies Website features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.

You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time than this would make You ineligible for a refund.

You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services

Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.

For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favour of the Buyer (As per registration details provided by the Buyer)

Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.

For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).

Refund shall be conditional and shall be with recourse available to 999lungies in case of any misuse by Buyer.

REFUND SHALL BE SUBJECT TO BUYER COMPLYING WITH POLICIES.

1. 999lungies reserves the right to impose limits on the number of Transactions or Transaction Price which 999lungies may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
2. 999lungies reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with 999lungies or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
3. 999lungies may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of 999lungies. As a result of such check if 999lungies is not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay Transaction Price.
4. 999lungies may delay notifying the payment confirmation i.e. preparing to Dispatch, if 999lungies deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, 999lungies may hold Transaction Price and 999lungies may not initiate Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
5. The Buyer hereby acknowledge that 999lungies will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of 999lungies.

COMPLIANCE WITH LAWS:

Buyer shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and 999lungies Website.

BUYER'S ARRANGEMENT WITH ISSUING BANK:

1. All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
2. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

999LUNGIES'S RETURN AND REFUND POLICY

In keeping with 999lungies’s goal of ensuring User satisfaction, this return and refund Policy (“Return and Refund Policy”), together with the terms of use, sets out 999lungies’s procedures and policies in accepting Product returns, once a Product has been delivered to a User after purchase from the Platforms. Any return of Products by Users shall be governed by and subject to the terms and conditions set out under this Return and Refund Policy.

Terms of Return and Refund

3.1. If the User is dissatisfied with the purchased Product received from 999LUNGIES, or in the event where there are defects and deficiencies in the Product (attributable to, and accepted by 999LUNGIES after due verification at its sole discretion), a User may initiate a request for returning the Product on the Platforms. The User shall initiate such requests for a return not later than (a) 7 (seven) days from the date on which he/she received the delivery of the Product, in case of electronics, and (b) 30 (thirty) days from the date on which he/she received the delivery of the Product, in case of non-electronic Products. While raising a request for return on the Platforms, the User shall have the option to seek a refund of the money paid by him/her towards the purchase of the Product. The User will be required to produce a copy of the original invoice at the time of placing a request for return or exchange of Products. The User shall ensure that the Product(s) being returned comply with the conditions set out under this Return and Refund Policy and are, among other conditions, unused, unwashed, with price tags intact, all packaging material undamaged and unused. Such returned Product(s) should not carry stains, sweat, detergent, or body odour. 999LUNGIES reserves the right to alter and enforce this Return and Refund Policy at any time without having to serve a prior notice on the User.

3.2. A User is permitted to fully or partially cancel orders prior to its dispatch from 999LUNGIES. Upon successfully placing an order on the Platforms and after 999LUNGIES has successfully handed over the Product(s) to its Logistic Partner (as defined in the Delivery Policy), the User will receive a unique tracking identity number, which will enable the User in tracking the status of delivery of the purchased Products. Prior to the dispatch of the purchased Products, should the User decide to cancel the purchase, the User can do so by referencing the unique tracking identity number received by the User and requesting 999LUNGIES to process a cancellation by sending an email to online@kasz.in. In all events of cancellation, prior to the dispatch of the purchased Products, 999LUNGIES shall initiate refunds within 2 (two) business days from the date on which it received the request from the User. The refund will reflect in the User’s bank account and/or the User’s store credit within such reasonable time (subject to the policies of the User’s bank in case of bank account/credit card refunds) from the date on which 999LUNGIES initiates the refund. All refunds, except for refund to store credit, shall be subject to applicable charges as may be deducted by the User’s bank.

3.3. If a User has purchased Products which form a part of a package of other Products, or if the Product forms a part of a promotional package (collectively, the “Bundled Package”), the User shall be required to return all the Products that form a part of the Bundled Package for 999LUNGIES to process refunds. For illustrative purposes, if the User has purchased a shirt and a pair of pants as 1 (one) Product in a promotional package, the User will be required to return both the shirt and the pair of pants and will not be permitted to return either only the shirt or only the pair of pants from the Bundled Package.

3.4. Return of or refund for purchased Products shall not be entertained by 999LUNGIES if:

• 3.4.1. The Product has been used for reasons apart from checking fit and comfort. If 999LUNGIES is satisfied that the Product has been used for reasons apart from checking fit and comfort, 999LUNGIES shall reserve the right to reject the return of the Product;
• 3.4.2. The Product has been washed;
• 3.4.3. The price tags, brand tags, box, original packaging material, and accompanying accessories have been damaged or discarded by the User;
• 3.4.4. The gifts accompanying the purchased Product have not been returned, or upon being returned, show signs of being used, washed, or defect; or
• 3.4.5. 999LUNGIES is satisfied that the Product has been rendered defective or unusable.

3.5. 999LUNGIES shall not accept return or refund requests raised for any of the following Products:

• 3.5.1. Lingerie, innerwear, and swimwear;
• 3.5.2. Fashion jewellery;
• 3.5.3. Socks and stockings;
• 3.5.4. Gift vouchers issued by 999LUNGIES, if any; and
• 3.5.5. Such other Products as may be specified by 999LUNGIES from time to time.

3.6. 999LUNGIES shall initiate a process of refund of the money paid by the User towards purchase of a Product, if upon conducting quality checks, it is satisfied that the Product being returned entitles the User to a refund. It is further clarified that the 999LUNGIES shall not be required to make any refund in respect of any Product that it deems ineligible for a refund based on such quality checks.

3.7. It is expressly clarified that the refund entitled to by a User shall not include money paid towards shipping charges or any other such charges applicable from time to time, except in case of a Product having a defect at the time of delivery (for reasons attributable to, and accepted by 999LUNGIES after due verification at its sole discretion).

3.8. 999LUNGIES shall make all reasonable attempts to keep the User apprised of the status of refund through updates shared on the User’s registered mobile number and email address. 999LUNGIES disclaims all liabilities that may arise on account of its failure to keep the User apprised of the status of the refund.

3.9. In the event a User returns a Product that is not accompanied by the accessories, gifts or other items originally bundled with such Product, 999LUNGIES shall have the right, exercisable at its sole discretion, to (i) (a) refuse to accept the return of such Product, or (b) process any refund thereof, or (ii) deduct the amount payable in respect of such items from the amount of refund such User is entitled to.

3.10. 999LUNGIES shall, subject to the satisfactory completion of required quality checks on the returned Products, initiate a refund request. If the request for refund is undisputed by 999LUNGIES, the refund should reflect in the User’s bank account and/or the User’s store credit within such reasonable time (subject to the policies of the User’s bank in case of bank account/credit card refunds) from the date on which 999LUNGIES initiates the refund.

3.11. Refunds shall be processed by 999LUNGIES through its normal banking channels except in cases where a User had utilised existing store credit for purchase of Products or opted for the cash on delivery option. Where a User had utilised existing store credit or the cash on delivery option for payment towards the purchased Products, 999LUNGIES shall process all refunds into the User’s store credit. Further, should the User have used more than 1 (one) payment option for the purchase of Products on the Platforms, 999LUNGIES shall process all refunds through a Payment Option (as defined in the Fee, Payment and Promotions Policy) 999LUNGIES deems fit, in its sole discretion, to process such refunds. Once the amount is refunded as store credit to a User’s 999LUNGIES account, it cannot be further refunded to any other bank account or as cash, and would continue to remain in the User’s 999LUNGIES account until exhausted for shopping on the Platforms.

For the purpose of illustration, if a User purchases a Product worth INR 1,000 (Indian Rupees One thousand) and pays INR 500 (Indian Rupees Five hundred) for the purchase of such Product using available store credit, and the remaining INR 500 through his credit card, and such amount is to be refunded pursuant to the refund criteria set out under this Return and Refund Policy being met, then 999LUNGIES may choose to refund, at its sole discretion, INR 500 (Indian Rupees Five hundred) to such User’s store credit account and the remaining INR 500 (Indian Rupees Five hundred) to the User’s credit card source account, or both the amounts only as store credit.

3.12. Return of purchased Products are facilitated through 999LUNGIES’s reverse-logistics partners. Upon a User making a request for return of Product on the Platforms and the same being duly acknowledged by 999LUNGIES, 999LUNGIES’s reverse-logistics partners shall get in touch with the User in order to collect the purchased Products from the User and delivering it to 999LUNGIES. While 999LUNGIES has made reasonable endeavours to ensure delivery and pick-ups across multiple locations in India, currently, 999LUNGIES has a select list of areas where deliveries and collection can be undertaken by its reverse-logistics partners. In events where 999LUNGIES is unable to facilitate a pick-up of the purchased Product for return from the User, the User is required to self-ship the Product to 999LUNGIES’s warehouse. Upon self-shipping the Product to 999LUNGIES’s warehouse, the User shall be required to scan the courier/postal receipt to online@kasz.in for 999LUNGIES’s records. Wherever the User is required to self-ship the purchased Product, 999LUNGIES shall credit a sum of 150 store credits to the User’s 999LUNGIES account. The aforesaid credit is subject to the returned products passing quality check at 999LUNGIES’s returns desk/warehouse. The address of 999LUNGIES’s returns desk is:

Returns Manager – 999LUNGIES
K.A.S Zainulabdin & Co.

No.196, Angappan Street

Chennai - 600001

Tamilnadu, India

3.13. In the event where the User claims to have self-shipped the Product in accordance with the process set out in paragraph 3.9 above and 999LUNGIES does not receive the returned Product or the package containing such Product is empty, the User shall be required to submit the ‘proof of delivery’ received from the courier/postal agency to 999LUNGIES to prove his/her claim of return of Products through self-shipment to 999LUNGIES. It is specifically clarified that any refunds or exchange shall be processed by 999LUNGIES only upon it receiving the returned Products and concluding required quality checks or receiving the ‘proof of delivery’ from the User, as the case may be.

4. Grievance Redressal

Any grievances relating to the Return and Refund Policy may be directed by you to the grievance officer of 999LUNGIES who can be contacted at online@kasz.in.

LIMITATION OF LIABILITY

IN NO EVENT SHALL 999LUNGIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

CONTACT US

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.

GRIEVANCE OFFICER

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Mr. Mohideen

K.A.S Zainulabdin & Co.

No.196, Angappan Street

Chennai - 600001

Tamilnadu, India