By using this website or placing an order with us, you accept these terms. Where a signed purchase order or supply agreement exists, that document governs the specific transaction.
1. Acceptance of terms
These Terms of Use form a binding agreement between you and Fitpink India Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at Rohini Sector 3, New Delhi, North West Delhi 110085, Delhi, India. They govern your access to this website and, to the extent stated, the supply of goods and services by us.
We may amend these terms at any time by publishing a revised version on this page. Continued use of the website after publication constitutes acceptance.
2. Definitions
- “Company”, “we”, “us” - Fitpink India Private Limited.
- “Website” - this website and its pages and sub-domains.
- “Goods” - garments, hosiery, apparel and related products supplied by us.
- “Buyer”, “you” - any person or entity using the Website or placing an order.
- “Order Confirmation” - our written acceptance of an order, setting out specification, quantity, price and delivery terms.
3. Use of the website
You may browse the Website and download or print extracts for your own reference, provided you do not alter them or remove any proprietary notice. You confirm you are at least 18 years old and competent to contract, and that the information you provide is accurate.
4. Prohibited use
- Using the Website for any unlawful purpose or in breach of applicable law.
- Copying our designs, photography, product descriptions or layouts for commercial use.
- Attempting unauthorised access to the Website or any connected system.
- Introducing malware or anything designed to disrupt the Website.
- Scraping or systematically extracting content or contact information.
- Misrepresenting your identity or your authority to place an order.
- Using our contact details to send unsolicited commercial communications.
5. Intellectual property
All content on this Website - including the Fitpink name and logo, product photography, illustrations, copy and layout - is owned by or licensed to the Company and protected by applicable intellectual property law. Our own designs, patterns, fit blocks and technical documentation remain our property unless expressly assigned in writing.
Where you supply designs to us, ownership of those designs remains with you, and you grant us a limited licence to use them solely to manufacture your order.
6. Product information and colour representation
Product descriptions, fabric compositions, weights and measurements published on this Website are indicative. Garments are made from natural and blended fibres, and minor variation in shade, weight, hand-feel and measurement within agreed tolerance is inherent to textile manufacturing and is not a defect.
Colours shown on screen depend on your display and are not an exact reproduction. Where colour is critical, an approved physical swatch or lab dip is the binding reference, not any digital image.
7. Orders and acceptance
Information on this Website is an invitation to treat, not an offer. A contract is formed only when we issue a written Order Confirmation. We may decline or limit any order, including where the specification is unclear, the requested quantity is not viable, materials are unavailable, or credit terms are not met.
Once bulk production has commenced, changes to specification, quantity or delivery date are accepted only by written agreement and may attract additional cost. Cancellation after cutting has begun may make you liable for materials consumed and work completed.
8. Pricing, taxes and payment
Prices are as set out in the quotation or Order Confirmation and are valid for the period stated there. Unless expressly stated otherwise, prices exclude Goods and Services Tax and other statutory levies, which are charged additionally at the applicable rate.
Payment terms - including advance, milestone or against-dispatch payments - are as stated in the Order Confirmation. Overdue amounts may attract interest at the agreed rate, and we may withhold dispatch until outstanding sums are cleared. Title in the Goods passes only on receipt of payment in full.
9. Delivery, risk and timelines
Delivery dates are estimates given in good faith and depend on timely approvals, material availability and factors outside our control. We will notify you promptly of any material delay. Unless agreed otherwise, risk in the Goods passes on handover to the carrier or on collection from our premises.
For export consignments, the applicable Incoterm stated in the Order Confirmation determines responsibility for freight, insurance, duties and clearance.
10. Inspection, returns and quality claims
You should inspect Goods on receipt. Claims for shortage, visible damage or non-conformity must be raised in writing within the inspection window stated in the Order Confirmation, with supporting photographs and lot references. Goods must be retained in original packing until the claim is resolved.
Where a claim is accepted, our remedy at our option is rework, replacement or credit of the affected pieces. We are not liable for defects arising from customer-supplied fabric or trims, from specifications you approved, or from wear, washing or storage after delivery.
11. Client designs and confidentiality
Designs, tech packs, artwork and commercial terms shared by a buyer are treated as confidential. They are disclosed internally and to job workers only to the extent needed to produce the order, under equivalent confidentiality obligations, and are not used for any other buyer. You warrant that you hold the rights to any design, artwork, brand name or logo you supply, and that its use does not infringe any third party's rights.
12. Warranties and limitation of liability
The Website is provided “as is” without warranty of any kind. For Goods, we warrant that they will conform in all material respects to the approved specification and agreed tolerances at the time of dispatch. This is the sole warranty given, and all implied warranties are excluded to the extent permitted by law.
To the maximum extent permitted by law we are not liable for indirect, incidental or consequential loss, or loss of profit, revenue, business or goodwill. Our aggregate liability in respect of any order is limited to the invoice value of the affected Goods. Liability arising purely from use of the Website is limited to INR 10,000. Nothing here limits liability for fraud, wilful misconduct or any liability that cannot lawfully be limited.
13. Indemnity
You agree to indemnify and hold harmless the Company, its directors, employees and agents against any claim, loss, liability or expense (including reasonable legal costs) arising from your breach of these terms, your misuse of the Website, or any allegation that a design, brand name, artwork or specification you supplied infringes a third party's rights.
14. Force majeure, suspension and termination
Neither party is liable for failure or delay in performance caused by events beyond reasonable control, including natural disaster, epidemic, fire, strike, transport disruption, power or utility failure, raw material shortage or governmental action. We may suspend or withdraw the Website at any time, and may terminate your access immediately on breach of these terms.
15. Governing law and dispute resolution
These terms are governed by the laws of India. Subject to the arbitration provision below, the courts at Delhi shall have exclusive jurisdiction.
The parties shall first attempt to resolve disputes through good-faith discussion. If unresolved within 30 days, the dispute shall be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996, with seat and venue at New Delhi and proceedings in English. The award shall be final and binding.
16. General provisions and contact
- Severability - an invalid provision is severed and the rest remains effective.
- No waiver - failure to enforce a right is not a waiver of it.
- Assignment - you may not assign your rights without our written consent.
- Entire agreement - these terms, the Order Confirmation, our Privacy Policy and Disclaimer form the entire agreement between us.
- Precedence - where these terms conflict with a signed Order Confirmation or supply agreement, that document prevails for the transaction it covers.
Questions: contact@fitpink.store, or Fitpink India Private Limited, Rohini Sector 3, New Delhi, North West Delhi 110085, Delhi, India.
See also our Privacy Policy and Disclaimer.