FINERI LUXE®

TERMS OF USE AND SALE

4. Terms of Use and Sale

These Terms govern access to and use of www.fineriluxe.com and purchases made from FINERI LUXE. By browsing, registering, ordering or otherwise using the Website, you agree to these Terms and the policies incorporated by reference.

4.1 Eligibility

By accessing or using the FINERI LUXE Website, creating an account or placing an order, you represent and warrant that:

• You are at least 18 years of age and legally competent to enter into a binding contract under applicable law; or
• You are using the Website under the supervision, consent and responsibility of your parent or lawful guardian.

You further represent that all information provided to FINERI LUXE is true, accurate, complete and up to date. FINERI LUXE reserves the right to refuse, suspend or terminate access to the Website or reject any order where it reasonably believes that the eligibility requirements have not been satisfied or where any information provided is false, inaccurate or misleading.

4.2 Account Responsibility

Where customer account registration is available, you are responsible for maintaining the confidentiality and security of your account credentials, password and login information. You agree to:

• Provide accurate, complete and current information;
• Promptly update your account information whenever necessary;
• Keep your login credentials confidential;
• Accept responsibility for all activities conducted through your account; and
• Notify FINERI LUXE immediately upon becoming aware of any suspected unauthorised access, misuse or security incident relating to your account.

FINERI LUXE reserves the right to suspend, restrict or terminate any account that is reasonably suspected of being used for fraud, impersonation, abuse, unauthorised transactions, policy violations, unlawful activities or any activity that may adversely affect FINERI LUXE, its customers or third parties.

4.3 Product Information and Representation

FINERI LUXE makes commercially reasonable efforts to ensure that product descriptions, specifications, measurements, images, colours, materials, pricing, availability and other product-related information displayed on the Website are accurate at the time of publication. Product images are intended for illustrative purposes only. Unless expressly stated in the relevant product description, accessories, footwear, handbags, jewellery, decorative items, props or other display materials appearing in product photographs are not included with the purchased product. Minor typographical, technical, pricing, photographic or descriptive errors may occasionally occur. FINERI LUXE reserves the right to correct such errors, update product information or withdraw any listing without prior notice, subject to applicable law. Nothing contained in this Clause shall limit any mandatory rights available to customers under applicable law.

4.4 Colour, Fabric and Handcrafted Variation

Customers acknowledge that actual product colour, appearance and finish may vary slightly due to factors including:

• lighting conditions;
• photography;
• screen resolution;
• monitor or mobile device settings;
• fabric texture;
• dye batches;
• natural materials; and
• production processes.

Minor variations in colour, embroidery, beadwork, handcraft, stitching, print placement, texture, finishing or artisanal workmanship are natural characteristics of handcrafted products and shall not, by themselves, constitute manufacturing defects or grounds for return, replacement or refund unless otherwise required under applicable law or the FINERI LUXE Cancellation, Return, Exchange & Refund Policy.

4.5 Size and Fit

FINERI LUXE provides size charts and measurement information for customer convenience. Size charts are intended only as general guidance and actual fit may vary depending upon the garment design, fabric, manufacturing tolerance, body type and individual preference. Customers are responsible for reviewing the applicable size chart, product description and measurement information before placing an order. Where customers are uncertain regarding sizing, they are encouraged to contact FINERI LUXE Customer Support before placing an order. Requests relating to size exchanges shall be governed by the FINERI LUXE Cancellation, Return, Exchange & Refund Policy.

4.6 Pricing and Availability

All product prices displayed on the Website are inclusive of applicable taxes unless expressly stated otherwise. Applicable Shipping Charges, if any, shall be displayed separately during checkout before the customer places an order. For eligible Cash on Delivery (COD) orders, the applicable COD Convenience Fee, if any, shall also be displayed separately during checkout before order confirmation. FINERI LUXE reserves the right to modify product prices, promotional offers, discounts, availability, product listings and inventory at any time before an order is confirmed. Adding a product to the shopping cart, wishlist or favourites does not reserve stock, guarantee pricing or constitute acceptance of an order. Pricing, order confirmation, payment methods, Cash on Delivery (COD), Shipping Charges and related matters shall be governed by these Terms together with the FINERI LUXE Shipping and Delivery Policy.

4.7 Pricing or Technical Error

While FINERI LUXE makes commercially reasonable efforts to ensure the accuracy of product information displayed on the Website, inadvertent pricing, technical, typographical, inventory or system errors may occasionally occur. Where a product is listed with an incorrect price, description, specification, image, promotional offer or other information due to human, technical or system error, FINERI LUXE reserves the right to:

• correct the error;
• update the product information;
• contact the customer regarding the error;
• offer the customer the option to proceed with the corrected information;
• cancel the affected order; or
• provide an appropriate refund where any amount has already been received.

Where FINERI LUXE cancels an order due to an error attributable solely to FINERI LUXE, any amount received from the customer, including the Advance Booking Amount paid for a Cash on Delivery (COD) order, shall ordinarily be refunded in full in accordance with the FINERI LUXE Shipping and Delivery Policy and the Cancellation, Return, Exchange & Refund Policy. FINERI LUXE shall not intentionally use pricing or technical errors to mislead customers.

4.8 Order Acceptance

All orders placed through the Website are subject to:

• product availability;
• payment confirmation;
• successful receipt of the required Advance Booking Amount for eligible Cash on Delivery (COD) orders;
• identity verification;
• fraud prevention checks;
• delivery serviceability;
• operational feasibility; and
• final acceptance by FINERI LUXE.

For Prepaid Orders, an order shall ordinarily be confirmed after successful authorisation and receipt of the full order amount. For eligible Cash on Delivery (COD) Orders, an order shall ordinarily be confirmed after successful receipt of the required 20% Advance Booking Amount together with completion of the applicable verification process. An automated acknowledgement, order confirmation email, SMS or WhatsApp message merely confirms receipt of the customer's order request and shall not by itself constitute final acceptance of the order. An order shall be deemed accepted only after confirmation by FINERI LUXE. FINERI LUXE reserves the right to refuse, cancel or reject any order before dispatch for any legitimate business reason, including those specified in the FINERI LUXE Shipping and Delivery Policy.

4.9 Payment

FINERI LUXE offers both Prepaid Orders and eligible Cash on Delivery (COD) Orders in accordance with the FINERI LUXE Shipping and Delivery Policy.

Prepaid Orders

Customers selecting a prepaid payment method shall pay the entire order value online through the payment methods made available during checkout. Cash on Delivery (COD) Orders Where Cash on Delivery (COD) is available, customers shall pay the required 20% Advance Booking Amount online before the order is processed. The remaining balance shall be payable to the authorised delivery partner at the time of delivery in accordance with the FINERI LUXE Shipping and Delivery Policy. Applicable Shipping Charges and the COD Convenience Fee (where applicable) shall be displayed separately during checkout before the customer confirms the order. The customer represents and warrants that every payment method used belongs to the customer or is used with the lawful authority of the account holder. FINERI LUXE reserves the right to hold, suspend, reject or cancel any order where:

• payment fails;
• the Advance Booking Amount is not successfully received;
• payment is reversed or disputed;
• fraud or unauthorised activity is reasonably suspected; or
• any other legitimate business reason exists.

All matters relating to payment, Advance Booking Amount, Cash on Delivery (COD), Shipping Charges, COD Convenience Fee, refunds and deductions shall be governed by these Terms together with the FINERI LUXE Shipping and Delivery Policy and the Cancellation, Return, Exchange & Refund Policy.

4.10 Promotions and Coupons

Promotions, coupons, promotional codes, cashback offers, discounts, loyalty rewards and other marketing campaigns may be subject to separate eligibility criteria and promotional terms. Such promotional terms may include:

• validity period;
• minimum purchase requirements;
• eligible products;
• maximum benefit;
• one-time usage restrictions;
• customer eligibility;
• non-transferability;
• exclusions; and
• restrictions on combining multiple offers.

Promotional offers have no cash value unless expressly stated otherwise. FINERI LUXE reserves the right to modify, withdraw, suspend or cancel any promotional offer affected by technical errors, fraud, abuse, misuse or circumstances beyond its reasonable control, subject to applicable law. Refunds relating to promotional purchases shall be processed in accordance with the FINERI LUXE Cancellation, Return, Exchange & Refund Policy.

4.11 User Conduct

While accessing or using the Website, customers shall not:

• use the Website for any unlawful, fraudulent or unauthorised purpose;
• submit false, inaccurate or misleading information;
• use stolen, unauthorised or fraudulent payment methods;
• interfere with Website security or attempt unauthorised access;
• upload malicious software, viruses or harmful code;
• scrape, harvest or extract Website data without authorisation;
• use automated purchasing tools, bots or similar technologies without written permission;
• impersonate FINERI LUXE, its employees, representatives or other users;
• create fake customer support channels or fake social media accounts;
• abuse, threaten or harass FINERI LUXE employees, logistics partners or other users;
• misuse the Cash on Delivery (COD) facility through repeated order cancellations, repeated refusal to accept delivery or other abusive conduct;
• infringe the intellectual property rights of FINERI LUXE or any third party; or
• engage in any activity that may adversely affect the operation, security or reputation of FINERI LUXE.

FINERI LUXE reserves the right to suspend accounts, restrict services, refuse future orders, withdraw the Cash on Delivery (COD) facility or take any other lawful action where misuse, fraud or policy violations are reasonably suspected.

4.12 Reviews and Submitted Content

Customers may voluntarily submit reviews, ratings, photographs, videos, testimonials or other content relating to FINERI LUXE products or services. By submitting such content, the customer represents and warrants that:

• the content is truthful and accurate;
• the customer owns or is authorised to submit the content;
• the content does not infringe the rights of any third party;
• the content is not unlawful, defamatory, abusive, misleading or fraudulent; and
• the content complies with applicable law.

Subject to applicable law and the FINERI LUXE Privacy Policy, the customer grants FINERI LUXE a non-exclusive, worldwide, royalty-free, transferable licence to host, store, reproduce, adapt, display, publish, distribute and use such content for Website operation, customer support, product improvement, marketing, advertising and other legitimate business purposes. FINERI LUXE reserves the right to review, edit, moderate, refuse or remove any submitted content that violates these Terms, the Privacy Policy or applicable law.

4.13 Intellectual Property

All intellectual property rights relating to the FINERI LUXE brand and the Website are owned by or lawfully licensed to A FINERI 5 LLP, unless otherwise stated. This includes, without limitation:

• FINERI LUXE name, logo and trademarks;
• Product names and model names;
• Website design, layout and source content;
• Product photographs and videos;
• Product descriptions and catalogues;
• Packaging artwork and labels;
• User manuals and promotional materials;
• Graphics, illustrations, icons and artwork;
• Advertisements and marketing campaigns;
• Social media content; and
• All other proprietary materials displayed on the Website.

Except where expressly permitted under applicable law or with the prior written consent of A FINERI 5 LLP, customers shall not:

• copy;
• reproduce;
• modify;
• distribute;
• publish;
• transmit;
• commercially exploit;
• reverse engineer;
• scrape;
• create derivative works from; or
• use any FINERI LUXE intellectual property for training artificial intelligence systems or competing commercial services.

Nothing contained in these Terms grants any ownership right, licence or other permission to use any FINERI LUXE intellectual property except as expressly provided herein.

4.14 Brand Protection and Counterfeit Products

FINERI LUXE actively protects its intellectual property, brand identity and business reputation. The following activities are strictly prohibited:

• manufacture, sale or distribution of counterfeit FINERI LUXE products;
• unauthorised use of the FINERI LUXE name, logo or trademarks;
• creation of fake websites, fake mobile applications or fake social media accounts;
• unauthorised marketplace listings falsely representing FINERI LUXE;
• imitation of packaging, labels or branding;
• misleading advertisements or false claims of association with FINERI LUXE;
• cybersquatting or misuse of domain names resembling FINERI LUXE; and
• any other activity likely to confuse customers or infringe the rights of FINERI LUXE.

FINERI LUXE reserves the right to pursue civil, criminal, administrative, marketplace or other remedies available under applicable law against any person engaged in such activities.

4.14A Authenticity Guarantee

FINERI LUXE guarantees that products sold directly through www.fineriluxe.com and other channels expressly identified by FINERI LUXE as official or authorised are genuine FINERI LUXE products or authentic products lawfully sourced, curated or supplied through authorised arrangements, as applicable to the product category. Authenticity does not mean that every product is handmade, one-of-a-kind or accompanied by a third-party certificate unless the relevant product description expressly states so. Product composition, material and included certification shall be governed by the product description, invoice and packaging. Customers should retain the invoice, order confirmation, packaging and product labels as proof of purchase. FINERI LUXE may request these materials when investigating authenticity concerns. The Authenticity Guarantee does not apply to products purchased from unauthorised sellers, fake websites, unofficial social-media accounts, unauthorised marketplace listings, resellers or persons falsely claiming association with FINERI LUXE.

4.14B Anti-Counterfeit and Unauthorised Representation Policy

Counterfeiting, imitation, unauthorised replication, false association, fake advertising, domain misuse, social-media impersonation, unauthorised marketplace representation and misuse of the FINERI LUXE® name, logo, packaging, product imagery or other brand assets are prohibited. Customers who discover a suspected counterfeit product, fake account, fake website or unauthorised listing should send available links, screenshots, seller details, invoices and photographs to fineri.five@gmail.com. FINERI LUXE may investigate, issue takedown requests, notify marketplaces or authorities and pursue civil, criminal or other remedies available under law. FINERI LUXE does not authorise customers or third parties to conduct enforcement, make threats or represent themselves as agents of FINERI LUXE. Any investigation or enforcement action must be undertaken only by FINERI LUXE or its authorised advisers.

4.14C Intellectual Property Notice

The FINERI LUXE® trademark, logos, trade dress, product names, packaging, photographs, videos, catalogues, artwork, copy, graphics, Website design, social-media content, campaign concepts and other original or proprietary materials are protected by applicable trademark, copyright, design, passing-off, unfair-competition and other laws. No person may use FINERI LUXE intellectual property in a domain name, username, advertisement, marketplace listing, product, packaging, catalogue, AI-generated output, training dataset, resale business or other commercial activity without prior written authorisation, except where use is expressly permitted by law. Permitted personal viewing of Website content does not transfer ownership or grant a commercial licence. All rights not expressly granted are reserved by A FINERI 5 LLP.

4.14D Marketplace and Authorised Seller Notice

FINERI LUXE products may be offered on selected third-party marketplaces only through sellers or storefronts expressly authorised by FINERI LUXE. Availability on a marketplace does not by itself prove that a seller is authorised. For marketplace purchases, the marketplace's payment, shipping, cancellation and return procedures may apply in addition to the product and brand terms displayed on the listing. Where there is a conflict, mandatory law and the transaction terms disclosed on the relevant marketplace shall apply, while FINERI LUXE may verify authenticity and seller authorisation. An unauthorised seller may not use FINERI LUXE trademarks, images, packaging or descriptions in a manner that suggests sponsorship, dealership, affiliation or approval. FINERI LUXE may restrict warranty, promotional or discretionary benefits for purchases that cannot be verified through an authorised channel, without affecting mandatory consumer rights against the actual seller.

4.14E Influencer, Affiliate and Promotional Disclosures

Influencers, creators, affiliates or promotional partners engaged by FINERI LUXE must disclose material connections, paid partnerships, gifts, commissions or other benefits clearly and in accordance with applicable advertising and platform requirements. No influencer, affiliate or promotional partner may make unapproved claims regarding product composition, health benefits, guarantees, discounts, availability, returns, warranties or legal rights. Only written information published or expressly approved by FINERI LUXE may be represented as an official brand commitment. Customers should verify offers and coupon codes on the Website or through official FINERI LUXE channels. FINERI LUXE may withdraw unauthorised, expired, manipulated or fraudulently promoted codes and may take action against misleading promotions.

4.14F Gift Cards, Store Credit and Future Programmes

Gift cards, vouchers, store credit, loyalty programmes, affiliate programmes or similar facilities shall apply only when formally launched or issued by FINERI LUXE. Their availability must not be inferred from a reference in these Terms. Where offered, the relevant validity, redemption, eligible products, balance use, transferability, refund treatment, loss or theft, fraud controls, tax treatment and other conditions shall be displayed at issuance or on the relevant programme page. Gift cards or store credit shall not be redeemable for cash except where required by law. FINERI LUXE may suspend or cancel a gift card, credit or programme benefit reasonably linked to fraud, unauthorised resale, technical error, payment reversal or misuse, subject to applicable law. Mandatory rights relating to the underlying purchase remain unaffected.

4.14G Vendors, Suppliers and Business Partners

Website users acknowledge that vendors, manufacturers, suppliers, service providers and business partners are governed by separate written contracts, purchase orders, quality specifications, confidentiality obligations and compliance requirements. These customer-facing Terms do not appoint any vendor or supplier, grant resale rights or replace a separately executed commercial agreement. No supplier, vendor, marketplace seller or service provider may represent itself as an exclusive, authorised or official FINERI LUXE partner unless such status is expressly confirmed in writing by A FINERI 5 LLP.

4.15 Third-Party Services

The Website may utilise or integrate services provided by independent third parties, including:

• payment gateways;
• banks and payment processors;
• Cash on Delivery (COD) collection partners, where applicable;
• courier and logistics partners;
• hosting providers;
• cloud service providers;
• analytics providers;
• customer support platforms;
• communication service providers; and
• social media platforms.

Such third-party service providers operate under their own terms, privacy policies and operational procedures. FINERI LUXE is not responsible for the independent acts, omissions, systems or services of such third parties except to the extent liability cannot legally be excluded under applicable law. Customers are encouraged to review the applicable terms and privacy policies of such third-party service providers before using their services.

4.16 Website Availability

FINERI LUXE makes commercially reasonable efforts to maintain the availability, functionality and security of the Website. However, uninterrupted, continuous, error-free or universally compatible access cannot be guaranteed. The Website may be temporarily unavailable due to:

• scheduled maintenance;
• emergency maintenance;
• software upgrades;
• security improvements;
• internet or communication failures;
• payment gateway interruptions;
• hosting or cloud service outages;
• cyber incidents;
• technical failures;
• force majeure events; or
• any other circumstances beyond the reasonable control of FINERI LUXE.

FINERI LUXE shall not be liable for temporary interruptions in Website availability except where liability cannot legally be excluded.

4.17 Limitation of Liability

To the maximum extent permitted under applicable law, FINERI LUXE shall not be liable for any indirect, incidental, consequential, special, exemplary or punitive loss or damage arising from or relating to:

• customer misuse of the Website or products;
• failure to follow product instructions or care guidelines;
• unauthorised alteration or modification of products;
• customer-provided incorrect information;
• payment gateway failures;
• Cash on Delivery (COD) collection failures beyond the reasonable control of FINERI LUXE;
• courier delays;
• Return-to-Origin (RTO) events attributable to the customer;
• customs delays;
• third-party service interruptions;
• Website downtime;
• force majeure events; or
• any other circumstance beyond the reasonable control of FINERI LUXE.

Nothing contained in these Terms excludes or limits liability that cannot lawfully be excluded under applicable law, including mandatory consumer rights, fraud, wilful misconduct or any other liability that is non-excludable by law.

4.18 Indemnity

To the extent permitted under applicable law, you agree to indemnify, defend and hold harmless A FINERI 5 LLP, its partners, directors, officers, employees, representatives, agents and authorised service providers from and against any claims, liabilities, losses, damages, costs, expenses or legal proceedings arising out of or relating to:

• your breach of these Terms;
• your unlawful or unauthorised use of the Website;
• fraudulent or unauthorised transactions;
• misuse of the Cash on Delivery (COD) facility;
• infringement of the intellectual property rights of FINERI LUXE or any third party;
• false, misleading or unlawful content submitted by you;
• violation of applicable law; or
• any negligent or wrongful act or omission attributable to you.

Nothing contained in this Clause shall limit any mandatory rights available to customers under applicable law.

4.19 Force Majeure

FINERI LUXE shall not be responsible for any delay, interruption or failure in the performance of its obligations where such delay, interruption or failure results from circumstances beyond its reasonable control. Such circumstances may include, without limitation:

• natural disasters;
• floods, earthquakes, storms or fires;
• epidemics, pandemics or public health emergencies;
• war, terrorism, civil unrest or riots;
• government actions, regulations, restrictions or orders;
• strikes, lockouts or labour disputes;
• transportation or logistics disruptions;
• customs delays or import/export restrictions;
• internet, telecommunications or utility failures;
• cyber-attacks or security incidents;
• payment gateway or banking system failures;
• supplier shortages or supply chain disruptions; or
• any other force majeure event beyond the reasonable control of FINERI LUXE.

Where such an event occurs, FINERI LUXE shall make commercially reasonable efforts to minimise the impact and resume normal operations as soon as reasonably practicable. Nothing contained in this Clause shall affect any rights that cannot lawfully be excluded under applicable law.

4.20 Electronic Communications

By accessing the Website, creating an account, placing an order or otherwise interacting with FINERI LUXE, you consent to receive communications electronically, including through email, SMS, WhatsApp, notifications or other electronic means, where permitted under applicable law. Electronic communications may include, without limitation:

• order confirmations;
• payment confirmations;
• Cash on Delivery (COD) Advance Booking Amount confirmations;
• invoices;
• dispatch confirmations;
• shipment tracking updates;
• delivery notifications;
• return, exchange and refund communications;
• customer support responses;
• security notifications;
• policy updates; and
• other communications relating to your use of the Website or your transactions with FINERI LUXE.

Electronic records and communications may be maintained and relied upon as evidence of transactions and communications to the extent permitted under applicable law.

4.21 Changes to these Terms

FINERI LUXE reserves the right to amend, modify, update or replace these Terms from time to time to reflect:

• changes in applicable law;
• regulatory requirements;
• business operations;
• Website functionality;
• payment methods, including Cash on Delivery (COD);
• technology;
• security practices;
• product offerings; or
• any other legitimate operational requirement.

Updated Terms shall become effective from the "Last Updated" date displayed on the Website unless otherwise specified. Where required under applicable law or where material changes significantly affect customer rights or obligations, FINERI LUXE may also provide additional notice through the Website, email or another appropriate communication channel. Changes shall operate prospectively. Existing confirmed orders shall continue to be governed by the Terms and policies applicable at the time the order was accepted, unless otherwise required by applicable law.

4.22 Severability and No Waiver

If any provision of these Terms is held by a court or competent authority to be invalid, unlawful or unenforceable, such provision shall, to the extent necessary, be severed from these Terms without affecting the validity or enforceability of the remaining provisions. The failure, delay or omission by FINERI LUXE to exercise or enforce any right, remedy or provision under these Terms shall not constitute a waiver of that right, remedy or provision. Any waiver shall be effective only if made expressly in writing by an authorised representative of FINERI LUXE.

4.23 Governing Law and Jurisdiction

These Terms, together with the FINERI LUXE Shipping and Delivery Policy, Cancellation, Return, Exchange & Refund Policy, Privacy Policy and all transactions conducted through the Website, shall be governed by and interpreted in accordance with the laws of India. Nothing contained in these Terms shall restrict any mandatory rights available to consumers under applicable law. Subject to the jurisdiction of competent consumer forums and any other authority having mandatory jurisdiction under applicable law, the courts at Nagpur, Maharashtra shall have exclusive jurisdiction over disputes arising out of or relating to these Terms or the use of the Website.

4.24 Grievance Redressal

Customers may contact FINERI LUXE regarding complaints, grievances, policy-related queries or other concerns through the following official channels: Grievance Officer: Meena Anant Khunger
Designation: Designated Partner, A FINERI 5 LLP

Email: fineri.five@gmail.com

Phone: +91 8007008922

Support Hours: Monday to Saturday, 11:00 AM to 6:00 PM (Sunday Closed) Registered Office Address: Flat No. 601, B-Wing, Om Satyam Exotica Apartment,
Vayusena Road, Opposite Rachna Sayantara,
Vayusena Nagar,
Nagpur – 440007, Maharashtra, India. Customers should provide their Order Number (where applicable), registered contact details and a brief description of the issue to facilitate prompt assistance. FINERI LUXE shall acknowledge every consumer complaint within 48 hours of receipt and endeavour to resolve the complaint within one month from the date of receipt, subject to identity verification, operational requirements and applicable law.