Terms & Conditions

Welcome to Whimsical by Shica (“Website”). Whimsical by Shica and/or its affiliates provide website features and other products and services to you when you visit or shop on our Website, use Whimsical by Shica products or services, or use software provided by Whimsical by Shica in connection with any of the foregoing. Whimsical by Shica provides the Services subject to the following conditions. This user agreement (“Terms and Conditions” or “T&C” or “Terms” or “Agreement”) is between you (“you” or “End User” or “your” or “Buyer” or “Customer” or “Registered User”) and Whimsical by Shica (“Company” or “us” or “We” or “Whimsical by Shica”).

This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder 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. Notwithstanding anything contained or said in any other document, if there is a conflict between the terms mentioned herein below and any other document, the terms contained in the present T&C shall alone prevail for the purposes of usage of the Website.

The Website is owned and operated by Whimsical by Shica, whose principal place of business is at Mumbai, Maharashtra, India. Whimsical by Shica is in the business of designing and selling luxury Indian fashion and lifestyle retail products such as apparel and other related goods.

Whimsical by Shica reserves the sole right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions every time you purchase products from us or use our Website.

We view protection of your privacy as a very important principle. We understand clearly that you and your personal information is one of our most important assets. We store and process your information, including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with the Information Technology Act, 2000 and the Rules thereunder. If you object to our current Privacy Policy and your information being transferred or used in this way, please do not use the Website.

When you use any of our Services, or send e-mails to us, you are communicating with us electronically. By using our services you consent to receive communications from us electronically. We will communicate with you by e-mail, by posting notices on this Website, or through other Services. 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. These legal requirements are in conformity with the Indian Information Technology Act, 2000 and rules thereunder as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

Unless otherwise indicated, or anything contained to the contrary, or any proprietary material owned by a third party and so expressly mentioned, Whimsical by Shica owns all Intellectual Property Rights to and in the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Whimsical by Shica without obtaining authorisation from it.

The User shall not upload, post or otherwise make available on the Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of that copyright, trademark or other proprietary right. Whimsical by Shica does not have any express burden or responsibility to provide Users with indications, markings or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked. The User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks or proprietary rights, or any other harm resulting from such a submission.

By submitting material to any public area of the Website, the User warrants that the owner of such material has expressly granted Whimsical by Shica the royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed, for the full term of any copyright that may exist in such material. The User also permits any other end user to access, view, store or reproduce the material for that end user’s personal use. The User hereby grants Whimsical by Shica the right to edit, copy, publish and distribute any material made available on the Website by the User. The foregoing provisions apply equally to, and are for the benefit of, Whimsical by Shica, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

The Website contains copyrighted material, trademarks and other proprietary information, including but not limited to text, software, photographs, video, graphics, music and sound, and the entire contents of Whimsical by Shica are protected by copyright as a collective work under applicable copyright laws. Whimsical by Shica owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Users may download, print or save copyrighted material for the User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Whimsical by Shica and the copyright owner is permitted.

If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Website, or a website otherwise owned or operated in conjunction with Whimsical by Shica, shall not be deemed to be in the public domain but rather the exclusive property of Whimsical by Shica, unless such site is under licence from the trademark owner thereof, in which case such licence is for the exclusive benefit and use of Whimsical by Shica, unless otherwise stated.

Whimsical by Shica respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes any Intellectual Property Right infringement, please address a complaint to Customer Care by way of an email to whimsicalbyshicaonline@gmail.com.

If you use the Website as a Registered User, you agree that you are competent to contract within the meaning of the Indian Contract Act, 1872. Whimsical by Shica reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to its notice, or if it is discovered, that you are under the age of 18 years. You are solely responsible for maintaining the confidentiality of your account credentials, and you are responsible for all activities that occur under them. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by the Website registration form, or as provided by you as a visitor or user of a third party site through which you access the Website. 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 this User Agreement, Whimsical by Shica has the right to indefinitely suspend, terminate or block your access to the Website.

As a condition of purchase, the Website 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 our products and promotional offers. You can opt out of our promotional emails at any time by clicking the unsubscribe link at the bottom of any of our email correspondence. Please see our Privacy Policy for details. The offers made in any promotional messages sent via email shall be subject to change at the sole discretion of Whimsical by Shica, and Whimsical by Shica owes no responsibility to provide you any information regarding such change.

You undertake not to host, display, upload, modify, publish, transmit, update or share any information on the Website that: belongs to another person and to which you do not have any right; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; harms minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages, or communicates any information which is grossly offensive or menacing in nature; impersonates another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognisable offence, or prevents investigation of any offence, or is insulting to any other nation.

In the event it is found that you are in violation of these express conditions, you shall be solely responsible and shall face all legal consequences of the same by yourself, and Whimsical by Shica shall in no manner be held responsible for the same.

The price of our merchandise as mentioned on the Website is the Maximum Retail Price (MRP) for the said product. 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. The tax rate applied and charged upon the order shall include the combined tax rate for both state and local tax rates in accordance with the address to which the order is being shipped. Whimsical by Shica reserves the right to collect taxes and/or such other levy, duty or surcharge that it may have to incur in addition to the normal taxes it may have to pay.

Due to unavoidable circumstances there may be times when certain orders, having been validly placed, may not be processed or capable of being dispatched. Whimsical by Shica reserves the exclusive right to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance checks, or any defect regarding the quality of the product. We may also require additional verification 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 by us after your payment instrument has been charged, the said amount will be reversed to the source of the payment within a period of 30 working days. Any voucher used in such orders shall be returned and made available to the User in the case of cancellation by Whimsical by Shica.

We do not charge any shipping or processing fees for domestic orders within India. Charges applicable to international orders, express shipping and repeat delivery attempts are set out in our Order, Shipping, Returns & Refund Policy, which forms part of these Terms.

Payments on the Website are processed through Razorpay, our third party online payment gateway. Use of such third party services will be governed by their user agreement, terms, conditions and such other rules and policies as may be applicable to your transaction. All payments made against purchases or services on the Website shall be as against the price displayed on the Website.

While availing any of the payment methods offered by us, we are not responsible for, and take no liability of whatsoever nature in respect of, any loss or damage arising directly or indirectly to you, including but not limited to the following: (a) lack of authorisation for any transaction; (b) exceeding any limit mutually agreed between you and your bank; (c) any payment issues arising out of the transaction; or (d) decline of a transaction for any other reason.

Before shipping your order to you, we may request you to provide supporting documents (including but not limited to a government-issued identity and address proof) to establish ownership of the payment instrument used for your purchase. This is done to ensure a safe and secure online shopping environment for our users.

Whimsical by Shica endeavours but does not guarantee delivery of products within the time period mentioned at the time of purchase. In no manner can the contract be repudiated if Whimsical by Shica fails to deliver any one or more products within the stipulated time frame. If you fail to take delivery of the goods, Whimsical by Shica may at its discretion charge you for the additional shipping cost of any further delivery attempt.

Whimsical by Shica shall make all endeavours to deliver defect-free products to purchasers. Every piece designed and produced by Whimsical by Shica goes through stringent quality checks. Unevenness in the colour and texture of print is not a fault but a characteristic of natural processes.

An item purchased on our Website does not qualify for return unless the product delivered is damaged or has a manufacturing defect. Any damage or defect must be notified to us at whimsicalbyshicaonline@gmail.com within two days of receipt of the order. Any communication received after that period shall not qualify for return, even in the case where the product has been wrongly delivered. Clothing sent to us without prior email intimation will not be accepted.

Where a return or size exchange is accepted, we will, following a quality check, offer you store credit as applicable in your case. We do not offer monetary refunds. There is no exchange or store credit on discounted items, and we reserve the right to decline a return where the product has been used or damaged by the customer. We offer free alterations for sizing or fitting issues within ten days from the date of delivery; alterations requested thereafter are chargeable. Whimsical by Shica holds sole discretion to determine whether store credit can be issued. For full details, please read our Order, Shipping, Returns & Refund Policy.

Whimsical by Shica attempts to make product descriptions displayed on the Website as accurate as possible. However, Whimsical by Shica does not warrant that product descriptions or other content are accurate, complete, reliable, current or error-free. If a product offered by Whimsical by Shica is not as described, your sole remedy is to contact us at whimsicalbyshicaonline@gmail.com within two days of receipt, and Whimsical by Shica reserves the right to provide a solution at its discretion in accordance with our Order, Shipping, Returns & Refund Policy.

Products displayed and sold on the Website are manufactured or procured as per the applicable local laws of India and are in conformity with the required Indian industry standards.

The prices displayed on our Website may differ from prices available in stores. Further, prices displayed in our catalogues are quotes which may vary from country to country for the same product. Prices shown on the Website, both for India and for other international countries, are subject to change without prior notice. These prices reflect the MRP only and do not include shipping and taxes, which may be extra as applicable.

From time to time there may be information on our Website or in our catalogue that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability. Whimsical by Shica reserves the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice.

All information, content, materials, products (including software) and other services included on, or otherwise made available to you by, Whimsical by Shica are provided on an AS IS and AS AVAILABLE basis, unless otherwise specified in writing. Whimsical by Shica makes no representations or warranties of any kind, express or implied, as to the operation of the services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the Website, unless otherwise specified in writing. You expressly agree that your use of the Website is at your sole risk.

Whimsical by Shica does not warrant that this Website will be constantly available, or available at all, or that any information on this Website is complete, true, accurate or non-misleading.

We will not be liable to you in any way in relation to the contents of, or use of, or otherwise in connection with, the Website. You acknowledge, by your use of this Website, that your use is at your sole risk, that you assume full responsibility for all risks associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website, and that Whimsical by Shica shall not be liable for any damages of any kind related to your use of this Website.

Though Whimsical by Shica shall make all endeavours to protect its Website from viruses or other illegal use, we do not warrant that this Website, the information, content, materials, products (including software) or services included on or otherwise made available to you through the Website, its servers, or electronic communication sent from us, are free of viruses or other harmful components. Nothing on the Website constitutes, or is meant to constitute, advice of any kind.

All products sold on the Website shall be solely governed by Indian laws. In the event we are unable to deliver such products due to the implications of different territorial laws, we will return or 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. It is your responsibility to ensure that the products purchased on this Website are not restricted in your territory. Whimsical by Shica shall not be responsible for any non-compliance with regard to the local laws of that territory for any product available on this Website.

Whimsical by Shica will not be liable for any damages of any kind arising from the use of any service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through the Website, including but not limited to direct, indirect, incidental, punitive and consequential damages, unless otherwise specified in writing.

You agree to indemnify and hold harmless Whimsical by Shica (and its officers, directors, agents, subsidiaries, affiliates, joint ventures and employees) against any claim or demand, including but not limited to reasonable attorneys’ fees, arising out of or related to your breach of this T&C, or your violation of any law or the rights of a third party, or any damage to life and/or property caused by the products delivered.

In the event you are found to be in breach of these Terms or the Privacy Policy or other rules and policies, or if we are unable to verify or authenticate any information you provide, or if it is believed that your actions may cause legal liability for you, other users or us, we may without prior notice immediately limit your activity, remove your information, temporarily or indefinitely suspend, terminate or block your membership, and/or refuse to provide you with access to this Website. Any user who has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time as that user is reinstated by us.

Notwithstanding the foregoing, if you breach these Terms or the Privacy Policy or other rules and policies, we reserve the right to recover any amounts due and owing by you to us, and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

Any breach of the applicable local laws of your territory shall also result in us, without prior notice, immediately limiting your activity, removing your information, temporarily or indefinitely suspending, terminating or blocking your membership, and/or refusing to provide you with access to this Website.

We reserve the right to make changes to our Website, policies, service terms and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

The failure by Whimsical by Shica to enforce at any time, or for any period, any one or more of the terms or conditions of this Agreement shall not be a waiver of them, or of the right at any time subsequent to enforce all Terms and Conditions of this Agreement.

Failure on the part of Whimsical by Shica to perform any of its obligations, and the non-furnishing of the Service, shall not entitle you to raise any claim against Whimsical by Shica or be a breach hereunder, to the extent that such failure arises from an event of Force Majeure. If through Force Majeure the fulfilment by either party of any obligation set forth in this Agreement is delayed, the period of such delay will not be counted in computing periods prescribed by this Agreement. Force Majeure will include any war, civil commotion, strike, governmental action, lockout, accident, epidemic or any other event of any nature or kind whatsoever beyond the control of Whimsical by Shica that directly or indirectly hinders or prevents Whimsical by Shica from commencing or proceeding with consummation of the transactions contemplated hereby. You expressly agree that lack of funds shall not in any event constitute or be considered an event of Force Majeure.

This Agreement shall be construed, and the legal relations between you and Whimsical by Shica shall be determined and governed, according to the laws of India. If any dispute arises between you and Whimsical by Shica regarding your use of the Website, or your dealings with Whimsical by Shica in relation to any activity on the Website, in connection with the validity, interpretation, implementation or breach of any provision of these Terms and Conditions and/or the Privacy Policy, including but not limited to the rules and policies contained herein, the dispute shall be subject to the exclusive jurisdiction of the courts at Mumbai, Maharashtra.

Your obligation to pay any amounts due shall not be suspended during the pendency of such proceedings.

Any grievance you have by way of use of the Website can be addressed to Customer Care by way of email to whimsicalbyshicaonline@gmail.com. Customer Care shall thereafter consider the same and provide a response within one month of the date of such complaint or grievance.

These Terms and Conditions, and the documents of third party payment channels, shall be governed and construed in accordance with the laws of India.

This document is an electronic record in terms of the Information Technology Act, 2000 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.