These Terms of Use describe the terms applicable to your access, use of and shopping on the website https://shikarna.com/ (the “Website”), which is managed by the company (“SHIKARNA”, “We” and/or “Us”).
In addition to the Terms of Use, when you use any service on the Website (e.g. placing an order or writing a customer review), you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services, which are incorporated into the Terms of Use by reference. We reserve the right to change this Website and the Terms of Use at any time.
Accessing, browsing, or otherwise using the Website indicates your acceptance of the Terms of Use. Please read this document carefully before proceeding.
User Account
For safety and security, each customer is allowed to create only one registered account by default. For customers who attempt to create several accounts, SHIKARNA reserves the right to suspend accounts without further notice. You represent and warrant that either you are at least 18 years old or that you are visiting the Website under the supervision of a parent or guardian.
Each time you use a password or identification, you will be authorized to access and use the Website in a manner consistent with the Terms of Use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you, and you will be solely responsible for all access to and use of this Website by anyone using the password and identification originally assigned to you whether or not such access to and use of this Website is actually authorized by you, including without limitation, all communications and transmissions and all obligations incurred through such access or use. You shall immediately notify SHIKARNA of any unauthorized use of your password or identification or any other breach or threatened breach of this Website’s security.
Access to the Website and License
SHIKARNA hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Website and each and any content on it by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Website and not for any commercial use or for any use on behalf of any third party, except as explicitly permitted by SHIKARNA in advance. Any breach of either the Terms of Use or any applicable law shall result in the immediate revocation of the license granted in this paragraph.
Copyright, Trademarks and Patents
All text, graphics, photographs or other images, button icons, audio clips, logos, slogans, trade names or word software and other contents on the Website (collectively, the “Content”) belongs exclusively to SHIKARNA or its appropriate Content suppliers. You may not use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of such Content.
The use of data mining, robots, or similar data gathering and extraction tools on SHIKARNA as well as the use of SHIKARNA trademarks or service marks in meta-tags is strictly prohibited. You may view and use the Content only for your personal information and for shopping and ordering on the Website and for no other purpose. The collection, arrangement, and assembly of all Content on this Website (the “Compilation”) belong exclusively to SHIKARNA. You may not use SHIKARNA’s content or Compilation in any manner that disparages or discredits SHIKARNA or in any way that is likely to cause confusion or violation of any applicable laws or regulations. All software used on this Website (the “Software”) is the property of SHIKARNA and/or its Software suppliers. The Content, the Compilation and the Software are all protected under intellectual property laws. All rights not expressly granted are reserved by SHIKARNA. Violators will be prosecuted to the full extent of the law.
SHIKARNA recognizes and respects all copyrights and trademarks. As such, any usage of television, motion picture, music, film festival or other names or titles have no connection to SHIKARNA and are the sole property of the copyright or trademark holders. Our dresses are inspired by celebrity style and are our recreations of item’s worn by the celebrities on your favorite television shows and the red carpet, however they are not authorized, endorsed by, or connected to these shows in any way and are not meant as infringements of any registered trademarks or copyrights.
Intellectual Property Infringement Policy
It is the policy of SHIKARNA.com to take appropriate action where necessary to uphold and recognize all relevant State, Federal and International laws in connection with material that is claimed to be infringing any trademark, copyright, patent and all or any other Intellectual Property laws. If you are an intellectual property rights owner and you believe that SHIKARNA.com sells, offers for sale, or makes available goods and/or services that infringe your intellectual property rights, then send the following information in its entirety to info@shikarna.com
Reviews and Comments
Except as otherwise provided elsewhere in these Terms of Use or on the Website, anything that you submit to or post on the Website and/or provide to SHIKARNA, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to SHIKARNA without any charge; SHIKARNA shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of SHIKARNA and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by SHIKARNA in the future.
You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third party claims. SHIKARNA assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defend for and indemnify SHIKARNA against any losses caused due to the use of the entries for any purposes.
In addition to the rights applicable to any Submission, when you post comments or reviews on the Website, you also grant SHIKARNA the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other content that you post on this Website and that use of your reviews, comments, or other content by SHIKARNA will not infringe or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead SHIKARNA or third parties as to the origin of any Submissions or content. SHIKARNA may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
Order Acceptance
Please note that there may be certain orders that we are unable to accept and must cancel. SHIKARNA reserves the right, at sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
SHIKARNA is not responsible for late deliveries for special occasions, such as birthdays, or other events. We encourage customers to place their order in advance to ensure there is enough time to receive their item.
We have informed our customers of the peak Christmas season in advance via banners and newsletters, and offered suggestions for the final order date and shipping methods for this period. We can therefore not be held responsible if an item does not arrive in time for Christmas.
All orders reported as “delivered” by shipping companies are considered delivered. SHIKARNA cannot be made liable of non-delivery in this case.
Shipments
All consignee names, address and payers name should be valid. Certain countries request that the consignee submit their ID or passport to clear the package or for payment verification purposes. It is the customers sole responsible for the accuracy of data that they provide to us. Should any information be incorrect and prevent any shipment or deliveries or customs clearance, we will not held responsible and will not offer any compensation in such cases. If a delivery fails for any reason and the address sent to was the correct address as provided by the customer, SHIKARNA cannot be held liable if a package is returned to us.
Following order dispatch, transportation is the sole responsibility of the third-party logistics company. During this stage, full ownership of the product(s) belongs to the buyer; all associated liability and risks during transportation shall be borne by the buyer. Therefore SHIKARNA strongly recommends all customers to purchase shipping insurance during the checkout. This ensures that if there are any issue during the delivery process SHIKARNA will send you the same product free of charge. If the item becomes unavailable we will offer you alternative refund options. Orders that do not have shipping insurance will not be the responsibility of SHIKARNA in the event that there is an issue during the shipping process.
All shipments are sent from different warehouses and are delivered duty unpaid. Consequently, any and all customs or import duties are charged once the parcel reaches its destination country. If any, these charges must be paid by the customers. Should the customers refuse the package due to import duties or taxes, they take full liability for all the costs involved in the process. Due to customs regulations, please note that SHIKARNA cannot declare purchased items as a gift or list an amount lower than the actual product price. Whatever the customer orders is what we ship. We cannot be held liable for the customer receiving the wrong item if they placed the wrong order.
Please let us know as soon as possible if you have not received your package. With standard shipping, after 3 months from the date we ship your package (for Latin American we will extend this to 4 months for postal deliveries), we will no longer be able to offer any compensation. All expedited delivery issues must also be reported within 3 months from the shipment date. Also kindly note that this does not apply to any packages sent via expedited shipping methods and shown as delivered on the shipping company’s tracking site.
Order Cancelation
Please kindly note that only orders that are in the paid, processing or partially shipped status may be modified or canceled. All other orders cannot be changed. In the event that you wish to cancel a shipped or packed order, we kindly suggest that you accept the package and refer to Shikarna Return Policy for more information.
Right of Cancellation
Unless one of the exceptions listed below applies, you can cancel your order without giving any reason and without paying any penalty within 14 days from the day on which you or a third party indicated by you receives the goods purchased. You must inform us of your decision to cancel your order according to the instructions and forms available on our Support Center or using this form. To meet the cancellation deadline it is sufficient for you to send your communication before the 14 days´ cancellation period has expired. For additional information please contact our Customer Service on the Support Center.
We will reimburse all payments received from you for the goods purchased and will also reimburse delivery charges for the least expensive type of delivery offered by us. The reimbursement will be done within 14 days from the day on which you provide evidence of having returned the goods.
Note that you must send back the goods in accordance with the instructions of our Support Center no later than 14 days from the day of your communication of cancellation. You will have to bear the direct cost of returning these goods. You may be liable if the value of the goods returned diminishes due to the handling of the goods (except where it was necessary to establish the nature, characteristics and functioning of the goods).
Exceptions – the right of cancellation does not apply to:
– Goods which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparably mixed with other items;
– Goods made to your specifications or clearly personalized;
– Goods which may deteriorate or expire rapidly; and
– Sealed audio or video recordings or of sealed software if unsealed by you after delivery.
Legal guarantee and commercial guarantees
In case of defective products purchased on the Website, the legal guarantee does fully apply. Additionally, SHIKARNA does also provide you with other commercial guarantees. Please see the Shikarna Return Policy.
Complaint Escalation Process
This process applies strictly to Customer Service issues. For intellectual property issues please view our Intellectual Property policy.
If the customer is dissatisfied with the solution offered by our Customer Service, the customer can contact our Ticket Supervisor by submitting a new ticket in “submit a formal complaint” section as follows:
Contact us > Submit a ticket > Select Warranty &return > Submit a formal complaint
We will respond to all complaints within 24 hours except on weekends and public holidays.
Customer Code of Conduct Policy
Customer satisfaction is our top priority. We strive to solve all problems of customers in a professional and amicable way. However, we will not tolerate any unacceptable or unreasonable behavior towards our Customer Service Team members.
Unacceptable behavior directed towards Customer Service staff or SHIKARNA itself may, for example, include any of the following:
-Aggressive, abusive and threatening behavior. Examples include: any and all direct or implied threats on any communication channel; intimidating language; personal and verbal abuse; sexist, racist, homophobic, or derogatory remarks; rudeness; inflammatory statements; swearing; and unsubstantiated allegations.
-Persistently making habitually demanding or vexatious complaints, despite the matter having been fully addressed; similarly, repeating complaints persisting despite reasonable and fair solutions being offered in accordance with our policies.
-Asking, expecting or demanding staff to breach established company policy guidelines, e.g. refund amount, time-frame, special compensation, etc.; similarly, seeking an unrealistic outcome beyond the scope of our own policies and procedures. By default, the refund amount cannot exceed the original order amount paid to SHIKARNA.
-Repeatedly changing the nature (or focus) of a complaint or the desired outcome, part way, after a formal response has been provided.
-Excessive number of complaints compared to the total purchase value history.
For such behavior, complainants may be advised and formally notified of the following:
-Their language is considered offensive, abusive, threatening, and wholly unacceptable.
-They must refrain from using such language, intimidation, and threats.
-There will be no further exchange of correspondence on the matter if they persist with this behavior.
-SHIKARNA reserves the right to no longer accept orders from the customer in the future without further notice.
Disclaimer and Limitation of Liability
Except as otherwise provided in the standard terms of sale that govern the same of each product on this Website, this Website, the products offered for sale on it and the transactions conducted through it are provided on an “as is” basis. SHIKARNA makes no presentations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on this Website except as provided here to the full extent permissible by applicable law, SHIKARNA disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy, and system integration. This Website may include inaccuracies, mistakes or typographical errors. ZAFUL does not warrant that the content will be uninterrupted or error free. To the maximum extent permitted by law, SHIKARNA will not be liable for any damages of any kind arising from the use of this site, including, but not limited to, indirect incidental, punitive, exemplary, special, or consequential damages. To the maximum extent permitted by applicable law, SHIKARNA’s total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to SHIKARNA during the month immediately preceding the act allegedly giving rise to SHIKARNA’s liability.
SHIKARNA and/or the seller will act according with Shikarna Return Policy when and only when damage is in connection with the product and has valid and confirmed manufacturing defects. SHIKARNA and/or the seller will not be held liable or responsible for any damages resulting from customers improper use, personal negligence, and/or other reasons that do not attribute to product defects.
Applicable Law
These conditions are governed by and construed exclusively under the law of Portugal without regard to conflicts of laws principles.
Bugs
While SHIKARNA works hard to ensure a correct working of the website in order to provide to customers the best shopping experience, there might be occasions in which bugs may affect the system. Customers cannot obtain any benefits from such bugs, which are considered unfair to any and all effects, and customers will have to immediately give them up.
Typographical Errors
While SHIKARNA strives to provide accurate product and pricing information, pricing or typographical errors may occur. SHIKARNA cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, SHIKARNA shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, SHIKARNA may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Pricing in Different Currencies
Pricing of products sold on the Website is based upon figures calculated in U.S. Dollars (US$). Prices displayed in other currencies are converted from U.S. Dollars according to the most up to date conversion rates. Due to fluctuating currency values, prices displayed in non-U.S. denominations of currency on the Website, other than on the individual product page, may not be the most current. Areas of the Website where non-U.S. denominations of currency might be inaccurate include, but are not limited to, promotional banners, promotional pages, and information on product category pages. The price displayed on an individual product page, regardless of currency denomination, is the current price you are liable to pay to SHIKARNA, excluding shipping.
SHIKARNA has no knowledge of, and is not responsible for, any additional bank charges or exchange rate fees that are charge by the issuing bank or a third party payment provider. These fees are solely the customers responsibility and will not be reimbursed by SHIKARNA.
Links
This Website may contain links to other sites on the internet that are owned and operated by third parties. You acknowledge that SHIKARNA is not responsible for the operation of or content located on or through any such site.
Remedies
You agree that SHIKARNA remedy at law for any actual or threatened breach of the Terms of Use might be inadequate and that SHIKARNA shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that SHIKARNA may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of SHIKARNA shall be exclusive of any other, whether at law or in equity, including, without limitation, damages injunctive relief, attorneys’ fees and expenses.
No instance of waiver by SHIKARNA of its rights or remedies under these Terms of Use shall imply any obligation to grant any similar, future or other waiver.
Privacy Policy
SHIKARNA respects customer privacy. Please read our Privacy Policy here: https://shikarna.com/privacy-policy/