Terms of Use
Welcome to Kāli.
These Terms of Use govern access to, browsing of, and use of the website www.kaliindia.com and any content, information, functionality, products, and services made available through it.
This Website is owned and operated by Kāli India (Xenasa Lifestyle Pvt. Ltd.), a company incorporated under the laws of India, having its registered office at B-1/1135, Vasant Kunj, New Delhi, 110070 (hereinafter referred to as “Kāli”, “Company”, “we”, “our”, or “us”). Unless otherwise specified, the Website and the materials made available through it are intended to present and promote Kāli’s products and services.
By accessing or using this Website in any manner whatsoever, you acknowledge that you have read, understood, and agreed, without modification, to be bound by these Terms of Use, together with the Privacy Policy and any other notices, policies, or conditions that may be made available on the Website from time to time. If you do not agree to these Terms of Use, you must refrain from accessing or using the Website.
Kāli reserves the right to amend, modify, or update these Terms of Use at any time without prior notice. Continued use of the Website following any such revision shall constitute your acceptance of the revised Terms of Use.
1. Intellectual Property Rights, Ownership Rights and Use of Website Materials
1.1 All material appearing on this Website, including but not limited to text, photographs, product imagery, graphics, logos, trademarks, trade names, designs, illustrations, product descriptions, audio-visual material, layout, website design, structure, look and feel, and all other content of any nature whatsoever, whether registered or unregistered, is the exclusive property of Kāli or is used by Kāli with appropriate authorisation, and is protected under applicable intellectual property and proprietary rights laws.
1.2 Kāli retains all right, title, and interest in and to the Website and its contents, including all designs, product concepts, visual language, and proprietary elements. Nothing contained on this Website shall be construed as conferring any licence, right, title, or interest in or to any intellectual property belonging to Kāli.
1.3 No content from this Website may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, altered, translated, adapted, framed, mirrored, commercially exploited, or otherwise used, in whole or in part, in any form or by any means, without prior written consent from Kāli. Any unauthorised use shall constitute a violation of these Terms of Use and may also constitute an infringement under applicable law.
1.4 The Website and its contents are made available solely for personal, lawful, non-commercial use. Any use other than as expressly permitted herein is prohibited.
2. Products, Presentation and Availability
2.1 Kāli endeavours to present its products as accurately as possible on the Website. However, variations may occur in colour, finish, texture, scale, and appearance owing to screen settings, photography, handcraft processes, and material characteristics.
2.2 Many Kāli products are handcrafted, made in limited quantities, or offered on a made-to-order or pre-order basis. Minor variations arising from handcraftsmanship, natural materials, artisanal techniques, or production processes shall not be considered defects.
2.3 All products are subject to availability. Kāli reserves the right, at any time and without notice, to withdraw, modify, limit, or discontinue any product, service, or offering.
3. Pricing
3.1 Unless otherwise stated, prices displayed on the Website are in Indian Rupees and are subject to change without notice.
3.2 Prices displayed on the Website do not necessarily include shipping charges, duties, taxes, import levies, or other governmental charges applicable in the destination jurisdiction, unless expressly stated otherwise.
3.3 In the case of international transactions, the final amount charged may vary depending on currency conversion rates, payment processing arrangements, and financial institution practices.
3.4 Kāli reserves the right to correct pricing errors, inaccuracies, or omissions at any time, including after an order request has been submitted.
4. Orders, Acceptance and Fulfilment
4.1 Any order placed through the Website shall be deemed a request to purchase and shall be subject to acceptance by Kāli.
4.2 Kāli reserves the right to accept or reject any order, in whole or in part, at its sole discretion, including but not limited to cases involving product unavailability, pricing or technical errors, suspected fraud, or inability to process the order.
4.3 In the case of pre-order or made-to-order items, any delivery or fulfilment timeline stated on the Website or otherwise communicated shall be indicative only and shall not be construed as a guaranteed delivery commitment.
4.4 Kāli shall not be liable for delays arising from production schedules, artisan processes, logistics partners, customs processes, force majeure events, or any circumstance beyond its reasonable control.
5. Shipping, Delivery, Duties and Taxes
5.1 Shipping timelines are estimates only and may vary depending on product type, order volume, destination, and logistics constraints.
5.2 For international orders, the recipient shall be solely responsible for all customs duties, import taxes, levies, handling charges, or other charges imposed by the destination country, unless expressly stated otherwise by Kāli in writing.
5.3 Kāli shall not be responsible for delays, non-delivery, additional charges, seizure, or any other consequences arising from customs procedures, import regulations, or the acts or omissions of third-party carriers.
6. Returns, Exchanges and Cancellations
6.1 Owing to the limited, handcrafted, and in many cases made-to-order nature of Kāli products, all sales shall be treated as final unless otherwise expressly stated.
6.2 Requests relating to manufacturing defects or damage must be notified to Kāli within 7 days of delivery, together with clear supporting evidence. Any such request shall be reviewed by Kāli in its sole discretion.
6.3 Kāli reserves the right to refuse returns, exchanges, cancellations, or refunds where the product has been used, altered, damaged after delivery, or where the request does not meet Kāli’s stated conditions.
7. Links to Third-Party Websites
7.1 This Website may contain links to third-party websites or services for convenience or reference. Kāli has no control over such third-party platforms and shall not be responsible for their content, policies, functionality, or practices.
7.2 Inclusion of any such link shall not be construed as endorsement, affiliation, or approval by Kāli.
8. Accuracy of Information
8.1 Kāli endeavours to ensure that all information on the Website is current and accurate. However, errors, omissions, inaccuracies, or delays in updating information may occur.
8.2 The material on the Website is provided for general informational and promotional purposes only and should not be relied upon as the sole basis for any decision. Kāli reserves the right to correct, update, modify, or remove content at any time without notice.
9. Website Security and Prohibited Use
9.1 You agree not to access or use the Website in any manner that could damage, disable, overburden, impair, interfere with, or compromise the Website, its infrastructure, security, or any connected systems.
9.2 You shall not attempt to gain unauthorised access to any portion of the Website, any account, server, database, or network connected with the Website, by hacking, password mining, scraping, or any other illegitimate means.
9.3 You shall not use the Website for any unlawful, fraudulent, abusive, defamatory, infringing, or otherwise improper purpose.
10. Exclusion of Warranty
10.1 To the maximum extent permitted by applicable law, the Website, its contents, materials, functionality, and services are provided on an “as is” and “as available” basis.
10.2 Kāli makes no representation or warranty, express or implied, regarding the Website or its contents, including without limitation as to accuracy, completeness, reliability, availability, merchantability, fitness for a particular purpose, non-infringement, or absence of viruses or harmful components.
10.3 Kāli does not warrant that the Website will operate uninterrupted or error-free, that defects will be corrected, or that the Website or servers are free of harmful code or vulnerabilities.
11. Limitation of Liability
11.1 To the fullest extent permitted by law, Kāli, its affiliates, directors, officers, employees, agents, licensors, and service providers shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, losses, liabilities, costs, or expenses arising out of or in connection with access to, use of, inability to use, or reliance upon the Website, its contents, products, services, or any linked third-party websites.
11.2 Without prejudice to the foregoing, where liability cannot be excluded, Kāli’s aggregate liability shall be limited to the amount actually paid by the user for the product giving rise to the claim.
12. Indemnity
12.1 You agree to defend, indemnify, and hold harmless Kāli, its affiliates, directors, officers, employees, agents, licensors, and service providers from and against any claims, losses, liabilities, damages, costs, and expenses, including reasonable legal fees, arising out of or in connection with your access to or use of the Website, your breach of these Terms of Use, or your violation of any rights of any third party.
13. Termination
13.1 Kāli reserves the right, without notice and at its sole discretion, to restrict, suspend, or terminate access to the Website where it reasonably believes that a user has violated these Terms of Use or applicable law, or has otherwise engaged in misuse of the Website.
14. Governing Law and Jurisdiction
14.1 These Terms of Use, together with the Privacy Policy and any other policies referred to herein, shall be governed by and construed in accordance with the laws of India.
14.2 Any dispute arising out of or in connection with the Website, its use, or these Terms of Use shall be subject to the exclusive jurisdiction of the competent courts at New Delhi, India.
15. No Waiver
15.1 Failure by Kāli to enforce any provision of these Terms of Use shall not constitute a waiver of such provision or of any other provision, nor shall it prejudice Kāli’s right to require strict compliance at any time thereafter.
16. Severability and Entire Agreement
16.1 If any provision of these Terms of Use is held to be invalid, unlawful, or unenforceable, the remaining provisions shall continue in full force and effect.
16.2 These Terms of Use, together with the Privacy Policy and any other policies or notices expressly incorporated herein, constitute the entire understanding between you and Kāli in relation to access to and use of the Website.
17. Contact
17.1 For any questions relating to these Terms of Use, or for any notice relating to the Website, products, or intellectual property concerns,
you may contact Kāli at: kali@kaliindia.com