Terms & Conditions

The terms & conditions (“Terms”) hereby stated in this document apply to all users (“you” or “users”) of the website available at [https://arcadium.shop/pages/terms-conditions] (“Arcadium” or “Website”). Please go through these Terms to get an understanding of your legal rights and obligations.

Five by Seven Solutions Pvt. Ltd. (“we” or “us” or “our”) owns the Website, operation, and the content of the Website. By accessing this Website, you agree that your use of the Website will be governed by these Terms (as amended from time to time). Your purchases on the Website are also governed by these Terms. You agree that these Terms along with any other applicable terms governing your use of the Website, including but not limited to our Privacy Policy constitutes the entire agreement between use for your use of the Website and any transactions on it. By using the Website, you acknowledge that you have read these Terms and choose to abide by them entirely. If you do not agree to these Terms, please do not use the Website.

You understand that these Terms may be amended in the future. Your continued use of the Website following such amendments shall be deemed to be your acceptance of the amended Terms. We advise you to regularly check this page for any updates to these Terms.

If you choose to place an order through the Website, you are bound to fulfill the payment requirements as are we to meet your order request. Users must not enter into any transactions if they are unable to meet the corresponding obligations.

Eligibility

We allow users only above the age of 18 years to use the Website. By using the Website, you represent and warrant that you are eligible to contract as per applicable law and are at least 18 years of age.

Account

Signing up to use our Website In order to access and use the Website, you can either create a user account (“Arcadium Account”) or proceed as a guest user (“Guest”). To create a Arcadium Account, you must provide us your e-mail ID, which we may choose to authenticate with a one-time password. Do note that if you use the Website as a Guest, then you may not be able to use certain features and aspects of the Website. For instance, you may not be able to track past orders or save address details.
Duty to be responsible: You will be responsible for maintaining confidentiality of your Arcadium Account, password, and restricting access to your computer or mobile device, and you hereby accept responsibility for all the activities that occur on your Arcadium Account. You acknowledge that the information you provide does not infringe any third-party rights. You are solely responsible for any and all information and content that is uploaded via your Arcadium Account or other means of input on the Website (including, but not limited to, form submissions).
Security Breach: If you know or have reasons to believe that the security of your Arcadium Account has been breached, you should contact our Grievance Officer immediately as per the contact information provided below in Section 17 (Grievance Officer). If we find a security breach or suspected security breach of your Arcadium Account, we may require you to change your password, and/or temporarily or permanently block your Arcadium Account without us incurring any liability.
Termination: We reserve the right to terminate your Arcadium Account and/or refuse sale of products without prior notice if you use the Website in contravention of these Terms, or we cease to provide the Website, products or other services therein. The information you provide to us shall be maintained in accordance with our Privacy Policy.
Ensure compatibility and keep updated: You must ensure that you keep updating the Website as and when we release new versions of it. Failure to do so may make you incapable of using our Website.

Intellectual Property

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access, and make personal and non-commercial use of the Platform, information and products.
You do not have any permission to download, copy, install, reverse-engineer or use the Website, products or information made available on the Website for any other purpose without our prior written consent. All rights not expressly granted to you in these Terms, are reserved and retained by us. We reserve the right, at our sole discretion and at any time, without notice, to terminate your license to use the Website, or information and prevent your future access of the Website.
All intellectual property in the products, information and the Website itself, vests with us unconditionally and constitutes our exclusive intellectual property. Where certain information or products contain proprietary marks of a third-party, the respective licensors retain all proprietary rights in such marks.
You do not have the right to duplicate, distribute, create derivative works of, display, extract the source code of the Website, translate the Website, information and content thereof, or commercially exploit our intellectual property directly or indirectly, without our prior written permission. In the event that you create any derivative works using our intellectual property without our explicit written permission then we shall have all ownership and beneficial rights in such derivative work free of charge.
Purchasing our products only grants you a limited license to use the products for your personal use. Purchasing our products does not grant you a right in our intellectual property.

Product Description and Use

Product description: We strive to be as accurate as possible in the description of all our products listed on the Website. However, we do not warrant that the product description, color, information or other content of the Website is accurate, complete, reliable, current or error-free. The Website may contain typographical errors. The pictures of the product are indicative and may not match the actual product. We reserve the right to correct, change or update information, errors, inaccuracies or omissions at any time without prior notice.
Use of products: All products available on our Website are for your personal use only and shall not be sold, or resold or utilized for any related commercial purposes.

Warranty

Though Arcadium shall make all endeavour to protect its websites from any viruses or other illegal use of its website. However we do not warrant that this site; information, Content, materials, product (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.
Arcadium offers a 7-day period of Inspection warranty against every product sold via the website. In case the product that you have received is damaged or defective, we request you to write to us at support@arcadium.shop within the first 48 hrs of product delivered keeping the subject as “DAMAGED / DEFECTIVE PRODUCT”. Please attach an image & video of the damaged/ defective product in the mail. Exclusions and Limitations: Accidental drops, installation failures, normal wear and tear or misuse/abuse or modification of the product caused by the buyer are not covered under a warrant.
Arcadium 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.

Pricing

The prices of products on our Website are subject to change. We have a pricing mechanism that determines prices on the basis of multiple factors, including input costs and the market conditions.

Payment Methods

Arcadium payment interface is integrated with the payment service – Razorpay, which is PCI DSS Compliant and TLS Certified.
We accept the following modes of payment for domestic transactions, through the Razorpay payment gateway:

Credit cards - Mastercard, Visa, and American Express
Net Banking – Net banking transactions facilitated from all major banks
Debit Card – Issues by all major banks
Wallet
UPI

Unless otherwise stated, all the product prices on the Website are inclusive of Goods and Service tax and all other applicable taxes, duties and cesses (“Taxes”). You are responsible for the payment of all Taxes associated with purchases made on the Website.

Shipping & Delivery

Delivery Partners: We use third-party delivery partners to deliver your order to you at the address provided by you. You will be provided with details of the delivery partner and tracking details via e-mail to enable you to track your order. In case they are unable to reach your specified delivery location, they may contact you to resolve the issue.
Delivery Time: Our third-party delivery partners will deliver the products to you in accordance with the timeline mentioned at the time of making the purchase. The delivery time for every individual order can be tracked with the details provided by our delivery partners. These dates however, may be changed by our delivery partners, upon the occurrence of force majeure events.
Shipping Charges: Shipping charges may apply depending on the value and delivery address of your order. We will inform you of such charges before you place an order.
Inspection upon Delivery: While we will provide you with products which are packaged in the highest quality packaging material, we would advise you to inspect the products ordered upon delivery to ensure that they are in order.
We require you to provide accurate details, phone number and address for us to be able to deliver your order. In case you provide us with inaccurate details for delivery, we will be unable to deliver your order. The Company, delivery partners and all our affiliates will not be responsible in any manner for being unable to deliver your order due to any such inaccurate details provided by you. Additionally, if you provide us with an incorrect delivery address or misuse the Website, then we may blacklist you and bar you from using the Website.

Cancellation, returns & refunds

You can cancel orders placed on the Website in accordance with our Returns & Cancellation Policy , incorporated by reference into these Terms.
You can raise a return or replacement request for a product purchased on our Website in accordance with our Returns & Cancellation Policy.
All refunds are subject to our Returns & Cancellation Policy.

Limitation of Liability

In no case shall we, or any person acting on our behalf be liable for any direct, indirect, incidental, punitive, special or consequential damages arising from your use of the Website, products or information provided, including, but not limited to, any errors or omissions in any content or information, or any loss or damage of any kind incurred as a result of the use of the Website or any content or information thereof, even if advised of their possibility. It is not possible to transfer the Limited Warranty from one user/customer to another. The remainder of the Limited Warranty Period may only transfer to the new owner if a customer transfers ownership of a product to another end user.

Under the Limited Warranty Policy, our maximum responsibility is limited to the purchase price of the product(s) or the cost of repair or replacement services, whichever is lesser.

For any inquiries about the Limited Warranty or warranty service for your product, please send an email to support@arcadium.shop with the subject line as “Warranty”.

Indemnification

You agree to defend, indemnify and hold harmless us as well as our affiliates and their respective investors, directors, officers, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use and access to Website, products or information; (ii) your violation of these Terms; (iii) your violation of any third-party right; (iv) your breach of applicable laws; and (v) any unauthorized, improper, illegal or wrongful use of your Arcadium Account by any person, including by a third-party, whether or not authorized or permitted by you.

Third-Party Data and Advertising

Third-Party Data: We may use various third-party data, software and/or services to host the Website and enable us to offer you our products and information. Although we have appropriate agreements in place with these third parties, we do not accept any liabilities that may arise from our use of/reliance on such third-party data, software or services.
Third-Party Advertising: We may display advertisements of third-party websites, products, services and contents on our Website. We are not responsible for the content of any third-party advertisements and sites, and do not make any representations regarding the content or accuracy of material on such sites. If you decide to follow the link to any such third-party websites, you do so entirely at your own risk. We do not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Website. We shall not be responsible for the actions, content, products, or services of such third-party websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all third-party website pages and other websites that you visit via the Website.

Disclaimers

We may change or discontinue the products at any time, including their pricing and availability on our Website.
Under no circumstances will we, our directors, investors, shareholders, employees or agents be liable in contract, tort or otherwise for any direct, indirect, special or consequential loss, injury or damage including loss of revenue, loss of reputation or good will, loss of profit, computer or device failure, corrupted data, or interruption of business, arising directly or indirectly from use of the Website or reliance on any content or information provided to you.
Subject to the maximum extent permitted by law, we shall not be responsible for any direct, indirect, special, incidental or consequential loss, injury or damages resulting from breach of any warranty, guarantee or any other condition under any other legal theory including loss of revenue, loss of profits, loss of reputation or goodwill arising from the use of the products.
We do not recommend or endorse any particular products available on the Website. We do not make any representation or assume any responsibility for the accuracy, completeness, appropriateness or usefulness of such information.
You understand that usage of Website will require an active internet connection, which can be either Wi-Fi or provided by your mobile network provider. We will not be responsible for any loss in functionality if you don’t have an active internet connection or for any charges you may incur for usage of mobile data. Further, you need to ensure that your computer or mobile device has adequate charge as we will not be responsible if you run out of battery and consequently fail to access the Website.
You agree to use the Website at your own risk. The Website, including any content, and any other information are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. We do not warrant the quality of the Website, including its uninterrupted, timely, secure or error-free provision, or continued compatibility for your use; or that the Website will be accurate, error free, reliable, free of trojans, viruses, malware or other harmful components.
We are committed to ensuring that none of the information or content on the Website violates the law or infringes third-party intellectual property rights. While we preliminarily review content on the Website, we are not an adjudicatory authority and cannot determine definitively whether any content violates the law or infringes third-party intellectual property rights. However, if you report any content to us, and if in our reasonable opinion the content so reported violates these Terms, then we will, within 48 (forty-eight) hours of making such a determination, take down such content.
The Company may use a third-party as a payment gateway. The Company disclaims any and all liability accruing to you as a result of any fraud, misuse and/or duplicate transactions arising thereto.

Restrictions on Use

You take complete responsibility for any information that you upload, post, email, or otherwise make available to us on the Website for any purpose, including but not limited to product reviews, and we do not assume any responsibility for such information.

You agree and undertake that by using the Website that you shall not engage in or encourage or assist others to:

Use the Website or any content or information for any purpose or in any manner that is illegal or prohibited by these Terms or under any applicable laws;
Use the Website for any harmful or nefarious purpose;
Use the Website in order to cause any kind of damage to us in any form or manner whatsoever;
Spam or defraud any users of the Website or any potential users thereof;
Impersonate any person or entity on the Website;
Be disrespectful or unkind while interacting or communicating with any of our representatives, including without limitation, our grievance officer;
Use the Website or any content or information thereof in any manner that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contractual rights;
Use the Website in any manner that may amount to hate speech, threatening, sexually explicit or pornographic, incites violence, or contains nudity or graphic or gratuitous violence;
Use the Website in any manner that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Solicit passwords for any purpose, or personal information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
Use another user’s account, or share an account with another user;
Create another account if we have already terminated your account, unless you have our permission;
Use the Website or the content or information thereof immediately for any commercial purposes, except as provided for under these Terms, without our written consent;
Copy, reproduce, duplicate, stream, capture, access through technology or means other than those provided on the Website, perform, transfer, sell, resell, download, upload, archive, license to others, edit, modify, manipulate, create derivative works from or based upon, publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, reverse engineer, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the Website and/or content or information thereof in any manner that is not permitted under these Terms;
Embed, re-publish, maintain and/or display any third-party websites/applications on any website or other internet location that ordinarily contains or hosts content that is unlawful, pornographic, obscene, defamatory, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, or that infringes or violates other parties’ intellectual property rights or links to infringing or unauthorized content; and
Express or imply that any statements you make are endorsed by us.

If you do or attempt any such acts, we may terminate your use of the Website. We may also report such actions to the appropriate law enforcement authorities and commence legal proceedings against you.

Term and Termination

These Terms will be effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the Website, products and information; and/or (ii) terminate these Terms and your use of the Website, products and/or information with or without cause.

Electronic Communication

You consent to receiving communications from us electronically. This shall include notifications, promotions, advertisements and other communications related to our Website, products, information and other content and services. We will communicate with you by e-mail, through push notifications on your computer or mobile device, or by posting notices on the 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. You agree that in case there are any changes to any information provided by you to us, including your e-mail address and other contact details, you will be solely responsible to update them regularly. If we send any communication by e-mail, it shall be sent to your e-mail address available on the records created by you on the Website and it shall be deemed to have been received by you once it is reflected as sent in the outbox of our e-mail id.

Grievance Officer

If you have any complaints, grievances or questions related to the Website, products, information and other content and services (“Grievances”), please contact our grievance officer in the following manner:

Name: [Varun Dhar]
E-mail: [varun@5by7.in]

We will acknowledge all your Grievances within 48 (forty-eight) hours of you writing to us, and resolve all Grievances within 30 (thirty) days of you writing to us.

General Provisions

Disputes: These Terms and any action related thereto will be governed by the laws of the Republic of India. Subject to the arbitration provision that follows, any disputes arising out of or related to the Terms, Website, products or information (collectively, “Dispute(s)”) shall be subject to the jurisdiction of the courts located in [New Delhi]. Any and all Disputes shall be referred to and finally resolved by a mutually appointed sole arbitrator in accordance with the provisions for fast-track arbitration provided under the Arbitration and Conciliation Act 1996, including any amendment or modification thereto. The seat and venue of arbitration shall be [New Delhi]. The language of the arbitration proceedings shall be English. Each party shall bear its own expenses and costs in relation to the arbitral proceedings, unless otherwise stated in the award.
Assignment: You shall not assign or transfer any right or obligation that may have accrued to you under these Terms, and any attempt to do so shall be null and void. At our sole discretion, we may assign or transfer any right or obligation that has accrued in our favour, without any restriction.
Waiver: Unless otherwise expressly stated, any delay in our exercising any rights or remedies arising out of these Terms shall not constitute a waiver of rights or remedies and no single or partial exercise of any rights or remedies hereunder, shall prevent any further exercise of rights or remedies by us.
Severability: If any of these Terms is held to be illegal or unenforceable, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Any such provision held to be invalid, illegal or unenforceable shall be substituted by a provision of similar import reflecting the original intent of the parties to the extent permissible under applicable laws.
Force Majeure: We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control such as, pandemics, epidemics, acts of god, civil war, embargoes, strikes etc. This condition does not affect your statutory rights.
Survival: Sections 3 (Intellectual Property), 10 (Limitation of Liability), 11 (Indemnification), 13 (Disclaimers),15 (Term and Termination), 17 (Grievance Officer), and 18 (General Provisions) shall survive the efflux of time and the termination of these Terms.