Terms & Condition
TERMS AND CONDITIONS
Introduction and Acceptance of Terms
Welcome to www.kenstar.in ("Website"), owned and operated by Ken Lifestyles Private Limited ("Kenstar", "we", "our" or "us").
These Terms and Conditions ("Terms") govern your access to and use of the Website, including browsing, creating a customer account, purchasing products, submitting reviews and accessing any content, information, products or services made available through the Website.
By accessing or using the Website, registering an account, placing an order or otherwise interacting with the Website, you acknowledge that you have read, understood and agreed to be bound by these Terms, together with our Privacy Policy, Shipping Policy, Order Cancellation and Refund Policy, Customer Grievance Redressal Policy, and any other policies or guidelines published on the Website from time to time, all of which form an integral part of these Terms.
If you do not agree with these Terms, you should discontinue use of the Website immediately.
Kenstar reserves the right to amend, modify or update these Terms at any time. Any revised Terms shall become effective upon publication on the Website, and your continued use of the Website thereafter shall constitute your acceptance of such revised Terms.
Eligibility and Customer Account
The Website is intended for use by individuals who are competent to contract under the applicable laws of India. By accessing or using the Website, you represent and warrant that you are legally capable of entering into a binding contract and complying with these Terms.
To place an order through the Website, you will be required to verify your mobile number through a One-Time Password (OTP). Upon successful verification and completion of your first purchase, a customer account may be automatically created and linked to your registered mobile number.
You are responsible for ensuring that all information provided by you, including your name, contact details, delivery address and other account information, is complete, accurate and kept up to date. Kenstar shall not be responsible for any delay, non-delivery or other consequence arising from inaccurate or incomplete information provided by you.
You are responsible for maintaining the confidentiality of the OTP and any activity carried out through your registered account. If you become aware of any unauthorised access to or use of your account, you should promptly notify Kenstar through the contact details available on the Website.
Kenstar reserves the right to suspend, restrict or terminate any customer account, or refuse access to the Website, where it reasonably believes that these Terms have been violated, fraudulent or unauthorised activity has occurred, or such action is otherwise necessary to protect the Website, its users or Kenstar's legitimate business interests.
Products, Pricing, Orders and Payments
Kenstar endeavours to ensure that all products, descriptions, specifications, images, pricing and other information displayed on the Website are accurate and up to date. However, product colours, dimensions, packaging and other visual attributes may vary slightly due to screen settings, photography, manufacturing changes or other factors.
All products displayed on the Website are subject to availability. The display of a product on the Website does not constitute a binding offer by Kenstar to sell such product and shall be treated only as an invitation to offer. An order placed by you constitutes an offer to purchase the selected product(s), which shall be deemed accepted only upon confirmation by Kenstar and successful processing of the order.
Prices displayed on the Website are in Indian Rupees (INR) and are inclusive or exclusive of applicable taxes, duties and shipping charges, as specifically indicated at the time of checkout.
The Website currently supports only prepaid payment methods through authorised payment service providers. Cash on Delivery (COD) is not available.
Kenstar further reserves the right to discontinue, modify or update any product, feature, specification or packaging without prior notice, provided that such changes shall not affect any order already accepted by Kenstar.
Any promotional offers, discount coupons or promotional codes made available through the Website shall be governed by the specific terms applicable to such offers. Kenstar reserves the right to withdraw, modify or reject any promotional offer where misuse, abuse, fraud or non-compliance with the applicable promotional terms is identified.
Shipping, Delivery, Cancellation and Warranty
The shipment and delivery of products purchased through the Website shall be governed by Kenstar's Shipping Policy, as amended from time to time. By placing an order through the Website, you acknowledge that you have read and agreed to the applicable Shipping Policy.
Order cancellation and refund requests shall be governed exclusively by Kenstar's Order Cancellation and Refund Policy. Customers are encouraged to carefully review the applicable policy before placing an order.
The warranty applicable to each product shall be governed by the warranty terms accompanying the respective product and Kenstar's prevailing warranty and after-sales service policies. Nothing contained in these Terms shall be construed as extending, modifying or limiting the warranty applicable to any product.
Where a conflict arises between these Terms and any specific policy governing shipping, cancellation, refunds or warranty, the provisions of the relevant policy shall prevail to the extent of such conflict.
Customer Reviews and User Content
The Website may permit customers to submit reviews, ratings, comments, feedback or other content ("User Content") relating to products purchased through the Website.
By submitting any User Content, you represent and warrant that:
a. the content is based on your genuine experience with the product;
b. the content is accurate to the best of your knowledge;
c. you own or otherwise have the necessary rights to submit such content; and
d. the submission of such content does not infringe the intellectual property, privacy or any other rights of any third party.
You agree not to submit any User Content that:
- is false, misleading or deceptive;
- is defamatory, abusive, obscene, offensive or unlawful;
- infringes the intellectual property or other rights of any person;
- contains malicious software, spam or promotional material;
- impersonates any person or entity; or
- otherwise violates applicable law or these Terms.
By submitting User Content, you grant Kenstar a non-exclusive, worldwide, royalty-free, perpetual and sublicensable licence to use, reproduce, publish, display, modify, translate, distribute and otherwise exploit such User Content in connection with its business, products, services and promotional activities, without any obligation to compensate you.
Kenstar reserves the right, but shall not be obligated, to review, moderate, edit, refuse or remove any User Content that it considers inappropriate, inaccurate, misleading or otherwise inconsistent with these Terms or applicable law.
Intellectual Property
The Website and all content made available through it, including but not limited to text, graphics, logos, trademarks, service marks, trade names, product names, images, photographs, videos, audio, software, designs, layouts, icons and other materials ("Content"), are owned by or licensed to Kenstar and are protected under applicable intellectual property laws.
Nothing contained in these Terms shall be construed as granting any right, title or interest in or to any intellectual property belonging to Kenstar or its licensors, except the limited right to access and use the Website for personal, non-commercial purposes in accordance with these Terms.
You shall not, without the prior written consent of Kenstar, reproduce, copy, modify, distribute, publish, transmit, display, sell, license, reverse engineer, create derivative works from, commercially exploit or otherwise use any part of the Website or its Content for any purpose not expressly permitted under these Terms.
All trademarks, logos, brand names and trade dress displayed on the Website are the exclusive property of Kenstar or their respective owners. Any unauthorised use of such intellectual property is strictly prohibited and may result in civil and/or criminal liability under applicable law
Acceptable Use of the Website
You agree to use the Website only for lawful purposes and in accordance with these Terms. While accessing or using the Website, you shall not:
a. use the Website in any manner that violates any applicable law, regulation or third-party rights;
b. submit any false, inaccurate or misleading information while creating an account, placing an order or interacting with the Website;
c. interfere with or disrupt the operation, security or functionality of the Website or any network connected to it;
d. introduce or transmit any virus, malware, spyware, malicious code or any other harmful technology through the Website;
e. attempt to gain unauthorised access to any portion of the Website, its servers, databases, customer accounts or related systems;
f. use any automated means, including bots, crawlers, scrapers or similar technologies, to access, extract, monitor or copy any content or data from the Website without Kenstar's prior written consent;
g. engage in any activity that may adversely affect the performance, integrity or security of the Website or the experience of other users;
h. misuse promotional offers, discount coupons or promotional campaigns, including by creating multiple accounts or otherwise attempting to obtain unauthorised benefits; or
i. use the Website for any fraudulent, unlawful or unauthorised purpose.
Kenstar reserves the right to investigate any suspected misuse of the Website and to suspend or terminate access, cancel orders, disable customer accounts or take any other action it considers appropriate where it reasonably believes that these Terms or applicable law have been violated.
Electronic Communications
By accessing or using the Website, creating an account or placing an order, you agree to receive communications from Kenstar electronically, including through email, SMS, WhatsApp (where applicable), notifications or other electronic means, relating to your account, orders, payments, deliveries, warranty support and other services associated with your use of the Website. You agree that such electronic communications satisfy any legal requirement that communications be made in writing.
Privacy and Data Protection
Kenstar respects your privacy and is committed to processing your personal information responsibly and in accordance with applicable laws.
The collection, use, storage, disclosure and processing of your personal information through the Website shall be governed by our Privacy Policy, which forms an integral part of these Terms. By accessing or using the Website, creating an account or placing an order, you acknowledge that you have read and understood the Privacy Policy.
You are responsible for ensuring that the personal information provided by you is accurate, complete and up to date. Where you provide personal information relating to another individual, you represent that you are authorised to do so and that such information has been provided with the necessary consent or other lawful authority.
Disclaimer
While Kenstar endeavours to ensure that the information available on the Website is accurate, complete and up to date, the Website and all content, products and services made available through it are provided on an "as is" and "as available" basis, to the fullest extent permitted under applicable law.
Kenstar does not warrant that:
a. the Website will operate uninterrupted, timely, secure or error-free;
b. the Website will always be free from viruses, malware or other harmful components;
c. product descriptions, specifications, images, colours, dimensions, pricing or other information displayed on the Website will be entirely accurate, complete or free from inadvertent errors; or
d. products displayed on the Website will always be available for purchase.
Actual product colours, appearance and packaging may vary slightly from those displayed on the Website due to differences in screen settings, photography, manufacturing improvements or other factors.
The Website may contain links to third-party websites or services for your convenience. Kenstar does not control, endorse or assume responsibility for the content, privacy practices or availability of such third-party websites or services.
Nothing contained on the Website shall constitute professional, technical or other advice, nor shall any information available on the Website be construed as creating any warranty or representation beyond those expressly provided by Kenstar.
Kenstar reserves the right to correct any inadvertent typographical, pricing, technical or clerical errors appearing on the Website at any time without prior notice.
Limitation of Liability
To the fullest extent permitted under applicable law, Kenstar shall not be liable for any indirect, incidental, consequential, special or punitive loss or damage, including loss of profits, revenue, business opportunity, goodwill, data or anticipated savings, arising out of or in connection with your access to or use of the Website, or the purchase or use of any product, except where such liability cannot be excluded under applicable law.
Kenstar shall not be responsible for any delay or failure in the performance of its obligations arising from events beyond its reasonable control, including acts of God, natural disasters, pandemics, strikes, lockouts, governmental actions, war, civil unrest, transportation disruptions, failure of communication networks, power outages or failures attributable to third-party service providers.
Nothing contained in these Terms shall exclude or limit any rights or remedies available to consumers under applicable law, including the Consumer Protection Act, 2019 or any other law that cannot lawfully be excluded or restricted.
Indemnity
You agree to indemnify, defend and hold harmless Kenstar, its affiliates, directors, officers, employees, representatives and authorised agents from and against any claims, actions, proceedings, liabilities, losses, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with:
a. your breach of these Terms or any policy incorporated herein;
b. any false, inaccurate or misleading information provided by you;
c. your misuse of the Website or any products purchased through the Website;
d. your violation of any applicable law or the rights of any third party; or
e. any User Content submitted by you that infringes the intellectual property, privacy or other legal rights of any person.
The obligations under this Clause shall survive the termination of your access to or use of the Website.
Governing Law and Jurisdiction
These Terms and your access to and use of the Website shall be governed by and construed in accordance with the laws of India.
Subject to any rights available to consumers under applicable law, the courts at Gurugram, Haryana shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the use of the Website.
Miscellaneous
If any provision of these Terms is held to be invalid, illegal or unenforceable by a court or other competent authority, the remaining provisions shall continue in full force and effect.
No failure or delay by Kenstar in exercising any right or remedy under these Terms shall operate as a waiver of such right or remedy.
These Terms, together with the Privacy Policy, Shipping Policy, Order Cancellation and Refund Policy, Customer Grievance Redressal Policy and any other policies expressly incorporated by reference, constitute the entire agreement between you and Kenstar with respect to your use of the Website and supersede all prior communications or understandings relating thereto.
Contact Us
If you have any questions regarding these Terms or your use of the Website, you may contact us at:
Ken Lifestyles Private Limited
Email: customercare@kenstar.in
Customer Support: 1860-258-2580
Corporate Office: Ken Lifestyles Pvt. Ltd. Plot No 254, Ground Floor, Udyog Vihar Phase IV, Gurugram -122015, Haryana, India
