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primalgray.com is a site operated by Primal Gray Private Limited ("We" or "Primal Gray"). We are registered in India under CIN U18100DDlL1993PTC053533 and have our registered office at Unit No 2053, 2nd Floor, Plaza-II,Central Square 20, Manohar Lal Khurana Marg, Bara Hindu Rao, Delhi Central Delhi DL 110006 India. Our GST number is 07AAACA0536A1ZJ
Email: info@primalgray.com
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
These terms of sale apply whenever you order any product through our website or otherwise from us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem, sets out our policy in respect of accepting returns and issuing store credit for items purchased from our website and other important information.
These terms of sale should be read alongside, and are in addition to:
By ordering a product from us, you agree that you have read, understood and agree to these terms of sale, the website Terms of Use, the Privacy Policy and the Cookie Policy (each as amended from time to time). If you do not agree to these terms of sale, you must not order any Product from us.
Please read these terms of sale carefully and print a copy for your future reference. Please note that the terms of sale applicable to your order are the terms of sale which are in effect as at the time that we accept your order.
We may revise these terms from time to time by amending this page and will display the effective date of the revised terms at the top of this page. We recommend that you check this page each time before you order a product from us so that you are aware of the terms which apply at that time.
Our right to reject or cancel a contract
Fulfilment of all orders on this platform is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled:
Our acceptance of your order will take place when we email you an order acceptance confirmation, at which point a contract will come into existence between you and us. For the avoidance of doubt we are not obliged to accept any order we receive from you.
If we cannot accept your order, we will let you know this in writing and we will not charge you for the product. We may be unable to accept for various reasons, for example, if the product is out of stock, if you are under the age of 18, if we have unexpected demands on our resources which mean we cannot fulfil your order, if there is an error in the price or listing of the product or if we are unable to meet your specified delivery requirements.
Whilst we will do our best to fulfil your order once accepted, we cannot guarantee to do so (for example, where we are out of stock, where your card issuer refuses to authorise your payment or where products have been incorrectly priced on our website (see section 6). If we cannot fulfil your order, we will inform you of this as soon as reasonably possible. We will give you a full refund if you have already been charged for the products.
All product descriptions and illustrations shown on our website are provided in good faith but are for illustrative purposes only. We try to display the colour of our products accurately, but we cannot guarantee that a device’s display of the colours accurately reflects the colour of our products. You acknowledge that a number of our products are created using natural and experimental materials, meaning that no two pieces will be identical and the product image on our website may not be the actual product you receive. Actual products may vary accordingly. The packaging of the product may vary from that shown in images on our website. We are not responsible for any such discrepancies.
Please note that we do not guarantee that all products presented on the website are in stock or are available for purchase. We reserve the right to stop selling a product at any time and for any reason.
The price of the product will be the price indicated on the order pages when you placed your order. All prices shown on the website are in INR and inclusive of value added tax at the relevant rate. Prices shown on the website do not include the costs of delivery, but are exclusive of any other applicable taxes or duties (such as import taxes) which will be collected prior to delivery of the product.
We take reasonable care to keep prices up-to-date on the website and ensure there are no errors in our pricing. However, it is possible that some of the products we sell may be incorrectly priced. We usually check prices before accepting your order so that:
If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, issue store credit for you any sums you have paid and require the return at our cost of any products provided to you. We reserve the right to alter prices at any time.
You acknowledge that you are only permitted to use the products for your own domestic purposes and that you are not permitted to copy or use the products for any other purposes including, for example, any business purposes or to copy or disseminate the products to any other persons. We may choose not to accept orders where we suspect that the products provided may be used for non-domestic purposes.
You acknowledge that, as between you and us, we own all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the products (IPR). You hereby assign to us all rights and title in any IPR that vests in you to the fullest extent possible, including any renewals or extensions of such IPR and waive any moral rights you have now or in the future in relation to the products.
When you have found a product on our website that you would like to buy, please select the product options from the drop-down menus and click on the button labelled "[Add to cart]". This will add your chosen product to a virtual "shopping cart". You can then proceed to pay for the products in your virtual shopping cart by clicking on the button labelled "[Proceed to checkout]". Alternatively, you can continue browsing our website and add additional products to your shopping basket.
You can see what products are in your virtual shopping basket at any time by clicking on the button labelled "[Cart]". Before completing your purchase, you should check that the products in your shopping basket are the products you wish to purchase. If you wish to remove a Product from your shopping basket, simply click on the button labelled “[Remove]” next to the relevant product. You can pay for the products in your virtual shopping basket at any time by clicking the button labelled "[Proceed to checkout]".
When you click the "[Proceed to checkout]" button, you will be asked to provide various information necessary to process your order and deliver the product(s) to you. You can provide this information by filling in the fields requested on the screen. All highlighted fields must be completed. We respect your right to privacy and will only use any information you provide to us in accordance with our Privacy & Policy.
When you place an order to purchase a product from us, your order represents an offer to us to purchase that product, which we may choose to accept or refuse – it does not represent a legally binding contract.
If prolonged inactivity causes your connection to the website to fail, your selection of products may be lost. In such case, you will be required to re-enter your selection of products to the shopping bag. Please note that products in your shopping bag are not reserved and may be purchased by other customers until you have placed the order at checkout and received the order confirmation from us.
If you wish to make a change to the order for the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see section 13 - What rights you have to end a contract with us).
We may change the product:
Any changes we make will not materially adversely affect the quality of our product.
During the checkout process, you will be asked to complete your payment details. All highlighted fields must be completed. Please note that we will collect, store and use your information in accordance with our Privacy Policy. Shopify Payments, our authorised payment services provider, receive payments on our behalf and accept most major credit and debit cards. Shopify Payments collect, store and use your information in accordance with their own privacy policies, available at https://www.shopify.com/legal/privacy/customers.
All card payments are subject to authorisation by your card issuer. If your payment is not authorised, we will cancel your order and notify you in writing (which may include e-mail) that we have done so. If you have already received the products you ordered from us, you must return those products to us at your own expense. If you fail to do so within 2 (two) weeks of our cancelling your order, we may arrange for collection of the Products at your expense.
If we cannot supply you with the products that you have ordered, we will cancel your order and inform you of this as soon as reasonably possible. We will give you a full refund if you have already been charged for the products.
The costs of delivery, except where you have opted for expedited delivery, and excluding any import taxes or duties, will be as included in the price of the product ordered.
During the order process we will let you know when we anticipate being able to provide the products to you. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. To the extent permitted by the applicable law, we cannot be held responsible for any reasonable or unavoidable delay of delivery or any delay as a result of your actions or inaction.
Delivery will be to the address specified in your order. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you giving us incorrect delivery information. If no one is available at the address at the time of delivery, the products will be retained by the delivery company for a reasonable period of time and then returned to us. If products are returned to us by the delivery company, we will issue you with a store credit for the products but reserve the right to retain any costs incurred in arranging for the delivery and return of the product.
If after a failed delivery to you, you do not re-arrange delivery or collect the products from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection within 14 days, we may end the contract and section 15 will apply.
Prior to taking delivery of the products, you will need to pay the delivery company any applicable import taxes and duties which have been paid on your behalf. If you fail to pay applicable duties or taxes then the delivery company may hold on to your products until the duties and taxes have been paid.
We will not dispatch any products and all products will remain our property until we have received payment in full for those products. A product will be your responsibility from the time we deliver the product to the address you gave us.
If a product we supply is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see section 13.1.
If you want to end the contract because of something we have done or have told you we are going to do, see section 13.2.
If you have just changed your mind about the product, see section 13.3. You may be able to get a store credit if you are within the cooling-off period, but this may be subject to deductions as set out in section 15.
13.1 Faulty products
If you have any questions or complaints about the product, please contact us. You can write to us at ecommerce@primalgray.com.
We are under a legal duty to supply products that are of quality for the intended purpose and match the description we have given. If a product we supply is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see section 13.1.
If you wish to exercise your legal rights to reject products that are not in conformity with this contract, please email us at ecommerce@primalgray.com. Please state the reason for the return and we will provide a return label. You must return it to us within 15 days.
13.2. Ending the contract because of something we have done or have told you we are going to do
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
13.3 Changing your mind
We extend the rights to returns to all countries and for most products - and you have a right to change your mind within 14 days of receipt of the product and receive a store credit. You do not have a right to return products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them, even if you have changed your mind about them.
Items marked Final Sale are not eligible for return, refund or store credit where you have changed your mind.
Emailing us at ecommerce@primalgray.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
If you or we end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. Please email us at ecommerce@primalgray.com to process a return. When your return has been agreed, you must post the goods back to us at the address that will be given to you. If you are exercising your right to change your mind you must send off the goods within 7 days after telling us you wish to end the contract.
You will pay the costs of return and will not be refunded any import duties or taxes you have already paid.
We will issue store credit to you the price you paid for the products, by the same method you used for payment. However, we may make deductions from the price, as described below. If you are exercising your right to change your mind:
We may reduce your store credit to reflect any reduction in the value of the goods, if this has been caused by you wearing them, damaging them, storing or using them in a way which means they cannot be resold. If we credit you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
We will make any credit due to you as soon as possible. If you are exercising your right to change your mind then your store credit will be made within 14 days from the day on which we receive the product back from you.
It takes around 5-10 working days to proceed with the credit being issued. We'll send an email once the returned item (s) have been received and your return has been processed.
We may end the contract for a product at any time by writing to you if:
If we end the contract in the situations set out in this section we will refund any money you have paid in advance for products we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. We will use reasonable skill and care in fulfilling any order placed by you which is accepted by us. However, we exclude, subject to the following sentence, all other representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will not be liable for any special, indirect, incidental, consequential or economic loss or for loss of profits or revenues howsoever caused arising in connection with any order placed by you.
We will not be liable to you where we breach these terms due to any cause that is beyond our reasonable control. This clause does not affect your legal rights as a consumer.
These terms supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.
You may not assign or sub-contract any of your rights or obligations under these terms to any third party unless we agree in writing.
We may assign, transfer or sub-contract any of our rights or obligations under these terms of sale to any third party at our discretion. We will tell you in writing (via a post on our website) if this happens and we will try to ensure that the transfer will not affect your rights under the contract.
No relaxation or delay by us in exercising any right or remedy under these terms shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
If any of these terms are found to be illegal, invalid or unenforceable by any court or relevant authority, the rest of these terms shall remain in full force and effect.
Only you and we shall be entitled to enforce these terms. No third party shall be entitled to enforce any of these terms, whether by virtue or otherwise.
These terms are governed by Indian law, subject to the application of any mandatory laws in the country in which you reside. We both agree to the exclusive jurisdiction of the courts of India to settle any dispute or claim arising out of or in connection with these terms or your use of our website.
Voucher codes and other external site promotional code
These terms apply to voucher codes and other external site promotional codes.
SMS Marketing Discount Codes
These terms apply to voucher codes and other SMS promotional codes.
Referral Codes
General Terms
COMPETITIONS AND PRIZES TERMS & CONDITIONS
These rules apply to all competitions (including prize draws and offers)
