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TERMS OF SERVICE

You (“you” or “End User” or “your” or “Buyer” or “Customer”) are required to read and accept all of the terms and conditions laid down in this Terms and Conditions (“Terms and Conditions” or “T&C” or “Terms” or “Agreement”) and the linked Privacy Policy, before you may use www.3below.co (hereinafter referred to as “Site” or “we” or “our”). The Site allows you to browse, select and buy premium and luxury products (“Goods” or “Products” or “Services”).

This T&C is effective upon acceptance and governs the relationship between you and 3 Below (hereinafter “Company”) including the sale and supply of any Products on the site. If this T&C conflicts with any other document, the T&C will prevail for the purposes of usage of the Site. If you do not agree to be bound by this T&C and the Privacy Policy, you may not use the Site in any way.

The Company provides the goods and services to you subject to the T&C.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE T&C, AS MODIFIED OR AMENDED FROM TIME TO TIME, ARE A BINDING CONTRACT BETWEEN THE COMPANY AND YOU. IF YOU VISIT, USE, OR SHOP AT THE SITE (or any future site operated by the COMPANY, YOU ACCEPT THESE T&C. IN ADDITION, WHEN YOU USE ANY CURRENT OR FUTURE SERVICES OF THE COMPANY OR VISIT OR PURCHASE FROM ANY BUSINESS AFFILIATED WITH THE COMPANY OR THIRD PARTY VENDORS, WHETHER OR NOT INCLUDED IN THE SITE, YOU ALSO WILL BE SUBJECT TO THE GUIDELINES AND CONDITIONS APPLICABLE TO SUCH SERVICE OR MERCHANT. IF THESE CONDITIONS ARE INCONSISTENT WITH SUCH GUIDELINES AND CONDITIONS, SUCH GUIDELINES AND CONDITIONS WILL CONTROL.

If this T&C conflicts with any other document, the T&C will prevail for the purposes of usage of the Site. As a condition of purchase, the Site requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about products and promotional offers. You can opt-out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences. Please see our Privacy Policy for details. We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS/MMS sent to you. The offers made in those promotional emails or SMS/MMS shall be subject to change at the sole discretion of the Company and the Company owes no responsibility to provide you any information regarding such change.

By placing an order, you make an offer to the sellers to purchase products or services you have selected based on standard site restrictions, Merchant specific restrictions, and on the terms and conditions stated below.

The Seller is engaged in the business of design, manufacture and sale of products or services. The company is engaged in the business of marketing and facilitating the sale of sellers products, manufactured or designed by various entities under various brand names on an online portal by name of www.3below.co and in the provision of services incidental and ancillary thereto.

The Company makes no warranty to their end users for the quality, safety, usability, or other aspect of a product or service that is supplied and/for some services or activities that involve potential bodily harm (such as trekking, etc), and for those activities, the Company takes no responsibility for the service or activity being offered, and the User takes responsibility for his or her own actions in utilizing those services.

The Company reserves the right to make any changes to our Terms and Conditions and/or our Privacy Policy (which is incorporated herein by reference) as we deem necessary or desirable without prior notification to you. We suggest to you, therefore, that you read our T&C and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our T&C and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the revised T&C and Privacy Policy expressed herein.

Rules of Conduct on Site

  • You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
  • www.3below.co may review, edit, reject, refuse to post and/or delete any Content that in the sole judgment of www.3below.co violate these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of another person. 
  • Any information provided by you on this site shall not be misleading in any way.
  • You may not post or transmit Content, (even if made in a joking, sarcastic or unintended manner), if it in any way:
    • is patently offensive to the online community, 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;
    • 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 unauthorised disclosure of a person's name, email address, physical address or phone number) or rights of publicity]; 
    • promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), 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;
    • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
    • provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
    • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    • contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
    • tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; 
    • engages in commercial activities and/or sales without 3 Below prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Sites. Throughout this Terms of Use, www.3below.co’s "prior written consent" means a communication coming from www.3below.co Legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
    • solicits gambling or engages in any gambling activity which www.3below.co, 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;
    • interferes with another user's use and enjoyment of the Sites or any other individual's user and enjoyment of similar services; or 
    • refers to any website or URL that, in the sole discretion of www.3below.co, contains material that is inappropriate for the Sites, contains content that would be prohibited on the Sites, or violates the letter or spirit of these Terms of Use.
  • You must use the Site in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Sites, including without limitation, collecting usernames and/or email addresses of registered members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Sites, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Sites, as well as attempting to gain unauthorized access to the Site or exceeding your authorized access.
  • You may not engage in advertising to, or solicitation of, other users through the Sites to buy or sell any products or services, including, but not limited to, products or services related to the Sites. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Sites. It is also a violation of these Terms of Use to use any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Sites without their prior explicit consent. In order to protect our users from such advertising or solicitation, www.3below.co reserves the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period to a number which www.3below.co deems appropriate in its sole discretion. 
  • You understand that www.3below.co has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Sites) 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, we can (and you hereby expressly authorize us 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.
  • www.3below.co reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Sites. www.3below.co 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 www.3below.co, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SITES AND IN YOUR PRIVATE MESSAGES. Please be advised that Content posted in public areas of the Sites does not necessarily reflect the views of www.3below.co. In no event shall www.3below.co assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Sites. 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, tortious, or otherwise unlawful information. 
  • Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, 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. www.3below.co shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites.
  • It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Sites 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 Sites, and that the recipient may use such information to harass or injure you. www.3below.co does not approve of such unauthorized uses but by using the Sites you acknowledge and agree that www.3below.co is not responsible for the use of any personal information that you publicly disclose or share with others on the Site. Please carefully select the type of information that you publicly disclose or share with others on the Site.
  • www.3below.co 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). 

User Warranty and Representation:
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by 3below.co.

Indemnification:
You agree to indemnify, defend and hold harmless 3below.co from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by 3below.co that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.

Delivery:
3 Below.co will make a maximum of three attempts to deliver your order. In case the customer is not reachable or does not accept delivery of products in these attempts 3below.co reserves the right to cancel the order(s) at its discretion.
An estimated delivery time is displayed on the Order Summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location.

Sometimes, delivery may take longer due to

  1. bad weather
  2. flight delays
  3. political disruptions
  4. other unforeseen circumstances

In such cases, we will proactively reach out to you. Please check your emails regularly for such updates.
Also, we will not be able to compensate for any mental agony caused due to delay in delivery. The customer can cancel the order at any moment of time even if the delivery time exceeds the expected delivery time. If it is a prepaid order, the customer will be refunded back in the account as soon as the order is successfully cancelled.

"The Buyer agrees that the title to the goods is transferred to the buyer at the time of placing the Order and dispatch confirmation thereof irrespective of Shipping of Goods which are to be done in due course being a separate chargeable facilities"

Post Delivery:

Returns and Exchange conditions:
3below.co will accept Return or Exchange only if the following conditions are met.

  1. The tags on the product should be intact.
  2. The product should be unwashed, unused and in an undamaged condition.
  3. The item needs to be returned along with the original packaging.

Method of Payment
The contract of sale will be directly between the sellers and the buyers. Title in the goods sold will pass from the sellers to the buyer. Payment on www.3below.co is accepted using

  • Credit Cards – Visa, MasterCard, American Express and Diners Club
  • Select Visa and MasterCard Debit Cards
  • Select Net Banking and Cash Cards

Unauthorized Charges on your card
If you see charges on your credit/debit card for purchases made on 3below.co, but you never created an account or signed up, please check with your family members or business colleagues authorized to make purchases on your behalf, to confirm that they haven't placed the order. If you're still unable to recognize the charge, please report the unauthorized purchase within 60 days of the transaction to enable 3 Below to begin an investigation.

Cancellation of Fraudulent/Loss to business Orders
To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, 3below.co reserves the right to cancel all past, pending and future orders without any liability. 3below.co also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on website and stock unavailability. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your card has been charged, the said amount will be reversed to your Card Account. Any promotional voucher used for the cancelled orders may not be refunded.

The customer may be considered fraudulent if any of the following scenarios are met:

  1. Customer doesn't reply to the payment verification mail sent by 3 B E L O W
  2. Customer fails to produce adequate documents during the payment details verification
  3. Misuse of another customer's phone/email
  4. Customer uses invalid email and phone no.
  5. Overuse of a voucher code
  6. Use of a special voucher not tagged to the email ID used.
  7. Customer returns the wrong product
  8. Customer refuses to pay for an order
  9. Customer is involved in the snatch and run for any order

The customer may be considered loss to business if any of the following scenarios are met:

  1. Customer with a very high return rate
  2. Invalid/Incomplete address cases
  3. Repeated request for monetary compensation for petty issues

Account for the customers falling in fraudulent or loss to business category may be blocked.

Links
This site may contain links to other web sites or you may be linked through other web sites ("Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk. We are not responsible for the content of the Linked Sites, whether or not www.3below.co is affiliated with sponsors of the sites. We do not in any way endorse the Linked Sites. We welcome links to this site. You may establish a hypertext link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by www.3below.co. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the www.3below.co site, including any logos or characters, without the express written consent of the owner of the mark or materials. You must not frame or otherwise incorporate into another web site or present in conjunction with or juxtaposed against such a web site any of the content or other materials on the www.3below.co site without our prior written consent. 

Applicable Law
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be in Chennai.

Trademark, Copyright and Restriction
This site is controlled and operated by 3 BelowAll material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on www.3below.co web site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Your Account
You agree that any use on the site is at your own risk and www.3below.co is not responsible for it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Products sold on www.3below.co are not for people below aged 18, however products available for children below age 18, can be bought by adults.

Copyright complaint
We at www.3below.co respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us at jjchakola@3below.co

Risk of loss
All items purchased on www.3below.co are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to you.

Product Description
www.3below.co tries to be as accurate as possible. However, www.3below.co does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by any seller on www.3below.co itself is not as described, your sole remedy is to return it in unused condition.

Pricing/Typographical error
Pricing on the product is as it shows, however due to any technical issue, typographical error or product information received from suppliers' prices of the product may vary. www.3below.co will try to be accurate, however if you come across any difference in pricing on the www.3below.co website pre and post orders, we request you to contact us within 7 (Seven) days of placing your order. www.3below.co shall then refund the difference amount within 10-15 business days of intimation. The mode of refund will be the same as at the time of placing the order. Cash on Delivery order refunds will be done by Cheque. If www.3below.co comes across any such difference in pricing, it has all the rights to rectify the same or cancel the order.

Cancellation of order
www.3below.co reserves the right to cancel any order without any explanation for doing so, under situation where www.3below.co is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the www.3below.co policy or for any other reason. However, www.3below.co will ensure that any communication of cancellation of an order, so cancelled, is intimated within 7 days to the concerned person and any applicable refund, will be made in reasonable time.

Our Contact
Please send any questions or comments (including all enquiries unrelated to copyright infringement) regarding this Site to jjchakola@3below.co