Policies
February 18, 2023 2023-02-21 6:14Policies
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this website, www.otakukulture.in , Otaku kulture offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Otaku kulture reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Otaku kulture will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Otaku kulture encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Otaku kulture for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
I. PRODUCTS
Terms of Offer. This Website offers for sale certain products (the “Products”). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct Otaku kulture sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations Otaku kulture and its designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations. 1. You may use the opt out link found in any email solicitation that you may receive. 2. You may also choose to opt out, via sending your email address to: care@otakukulture.in
3. You may send a written remove request to care@otakukulture.in
Proprietary Rights. Otaku kulture has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Otaku kulture. Otaku kulture also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Sales Tax. If you purchase any Products, you will be responsible for paying any applicable sales tax.
II. WEBSITE
Content; Intellectual Property; Third Party Links. In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about nutritional and dietary supplements. Otaku Kulture does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that Otaku Kulture does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Otaku Kulture does not endorse the contents on any such third-party websites. Otaku Kulture is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website; Otaku Kulture is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Otaku Kulture or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website, you hereby grant Otaku Kulture a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Otaku Kulture does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Otaku Kulture is not liable for any damage or harm resulting from any posts by or interactions between users. Otaku Kulture serves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Otaku Kulture deems objectionable, in MuscleUP Nutrition ‘s sole discretion.
III. LIMITATION OF LIABILITY
Otaku Kulture ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
Otaku Kulture WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IV. INDEMNIFICATION
You will release, indemnify, defend and hold harmless Otaku kulture, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Otaku kulture. When Otaku Kultureis threatened with suit or sued by a third party, Otaku Kulture may seek written assurances from you concerning your promise to indemnify Otaku culture ; your failure to provide such assurances may be considered by Otaku Kulture to be a material breach of this Agreement. Otaku Kulture will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Otaku Kulture choice at its expense. Otaku Kulture will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Otaku Kulture against any claim, but you must receive Otaku Kulture prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
V. PRIVACY
Otaku Kulture believes strongly in protecting user privacy and providing you with notice of MuscleUP Nutrition ‘s use of data. Please refer to Otaku Kulture privacy policy, incorporated by reference herein, that is posted on the Website.
VI. AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
VII. GENERAL
Force Majeure. Otaku Kulture will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. Otaku Kulture may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and Otaku Kulture and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Otaku Kulture to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from the Delhi. This Agreement will be governed by the laws of the State of Delhi without regard to its conflict of law principles to the contrary. Neither you nor Otaku Kulture will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Delhi By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. Otaku Kulture reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Otaku Kulture may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Otaku Kulture serves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Otaku Kulture chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. Otaku Kulture makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. Otaku Kulture may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
- What are the terms of the exchange policy?
- You can apply for an exchange within 7 days of the product being delivered.
- We do not have our own delivery service, we rely on delivery partners like Bluedart, Delhivery, DTDC, etc.
- In case of an exchange the delivery partner charges us for a reverse pickup from the customer’s location and the additional delivery charges for delivering the new product again to the customer’s location, as these charges are two-way, we request our customers to pay for one way charge i.e ₹100.
( Which will be credited back to the customer’s store wallet after the product quality check is complete)
- We do not accept exchanges on certain categories including but not limited to stationery items like stickers, posters, collage kits, framed posters, and shorts.
- I purchased a product at a discount. Will I get a refund of the original value of the product?
If the order placed during a sale is returned to us, only the amount paid by the customer will be refunded, not the current product price.
- How do I create an exchange request?
To exchange your order, you will need to log in to your account and follow the steps:
- Go to ‘Orders’
- Click on the exchange button next to the product you want to send us back. Select the reason for the exchange from the dropdown and select the replacement size you wish to receive in exchange. Stock will be subject to availability.
- Click on the acknowledgment box and submit your exchange request.
- Your replacement order will be shipped once the original order is successfully received at our warehouse, and the tracking details will be shared with you accordingly.
- In case your pin code is non-serviceable for the reverse pick-up facility, we request you to self-ship the product to us. We will credit 100 Money in your account in lieu of the shipping costs and once the original order is received, the replacement will be shipped out for you.
- I have created an exchange request. When will the product be picked up?
Once your exchange request has been accepted your reverse pickup will be arranged within 3 days.(In case your pin-code is non serviceable for the reverse pick up facility, we request you to self-ship the product to us. We will credit 100 Money in your account in lieu of the shipping costs and once the original order is received, the replacement will be shipped out for you.)
- When will my exchange product be delivered?
The exchange product is shipped out once the original product reaches our warehouse and the quality check is done, this whole process can take upto 10-15 days. So the customer can expect to receive the exchange order in 15-20 days.
- I exchanged the product once but want to exchange it again.How can I do that?
Once the product is exchanged and delivered, no further actions such as exchange or refund will be applicable on that order.
- What are the terms for the return policy?
- Customers can return their order within 7 days after an order has been delivered. We have a reverse pick up facility for most pin codes. For pin codes that are non- serviceable by our courier partners against the reverse pick up policy, you will have to self ship the product(s). (the return shipping cost will be credited back to the customer’s store wallet)
- We do not accept returns on certain categories including but not limited to stationary items like stickers, posters, collage kits, framed posters and shorts.
- In case of return the customer will only be reimbursed the amount paid for the products. COD and delivery charges will not be reimbursed after the goods return.
- When will my return be rejected?
We may refuse returns, in case the items received have not been sent back with all its original packaging and perfect condition.
- How and when will I get my refund?
For prepaid orders the refund will be processed back to the customer’s account and for the COD orders the amount will be credited back into the customer’s store wallet unless stated otherwise from the customer care. Please remember it can take some time for your bank or credit card company to process and post the refund too.
- In case I return the products, will the COD/Shipping charges be credited back?
No. These are charges applicable each time an order is placed and are non-refundable
- Can I return my order after 7 days?
We always strive to give the best service to our customers, sometimes we understand that it is not possible to register a request within the given time.
Please reach out to customer support by submitting your request via the “contact us” form, with your original product photo and we will try and get the best solution for you.
- How do I create a return request?
- Go to ‘Orders’
- Click on the return button next to the product you want to return.
- Select the reason for return from the dropdown.
- Click on the acknowledgment box and submit your return request.
- In case your pin-code is non serviceable for the reverse pick up facility, we request you to self-ship the product to us. We will credit 100 store credit in your account in lieu of the shipping costs
- What if my product is undelivered ?
For prepaid orders, if our courier partners are unable to deliver the product and they send it back to us, we will initiate a refund as store credit to your Otaku Kulture account which will reflect within 48-72 hours of initiation.
- How do I track my order ?
You can track your order once it has been dispatched from our warehouse. An email, SMS, and Whatsapp notification will be sent with a link. You can also track it from your account on the website by Selecting ‘Orders’ from the top right corner and then clicking on ‘Track Order’ for the respective Order ID.
- Are there any additional shipping charges?
The Otaku Kulture provides FREE shipping for all orders above ₹799 in India. A shipping charge of ₹50 is payable only on orders below ₹799. Minimum order value should be ₹199 (excluding GST).
- How long will it take for order to be delivered ?
All orders are processed within 12-24 hours.
Estimated delivery time
- For metros: 1-4 days.
- For the rest of India: 5-8 days.
(Please note: All the COD orders may take upto 24-48 hours to be processed.)
Order and payment
- Money from my account was deducted but my order was not confirmed. What should I do?
In case this happens please contact our customer care with the screenshot of the payment done by you on care@otakukulture.com so we can get the issue resolved at the earliest.
- Is there any additional charges for cash on Delivery (COD) orders?
Yes we charge a flat fee of ₹50 for every COD order.
- How can I get my order delivered faster?
Sorry, currently we do not have any service available to expedite the order delivery. In future, if we start offering such a service and your area pincode is serviceable, you will receive a communication from our end.
- How do I cancel the order that I have placed?
Tap on “My Orders” section under the main menu of our Website and then select the order you want to cancel. The ‘Cancel’ option will only be available before your order is shipped. If you are facing an issue, please email us at care@otakukulture.com and we will sort it for you.
- How do I know my order was placed successfully?
Once you successfully place your order, you will receive a confirmation email & SMS/Whatsapp with details of your order and your order ID.
- How do I check the status of my order?
- To find out when your order is arriving, you need to first log in to your account. Click on the Menu bar on your left hand side of the screen.
- Click on My Orders to see the status of your current order (as well as your order history). You can also simply click on the product from the Order ID to check your order status.
- After your order has been successfully placed, you will immediately receive confirmation and order details via email and SMS. Once your products have been shipped, you will be notified again via email, SMS and Whatsapp.
- If there are any other issues/ delays that come up, or you need the order to be delivered urgently, write to us at care@otakukulture.com, we will see what we can do to help.
- I want to add more products to my order. Is it possible?
If after placing the order you want to add something to it please contact us at care@otakukulture.com and we’ll get it done for you.
