Cancellation and Refund Policy
Cancellation and Refund Policy
The following capitalized terms used in this cancellation and refund policy shall have the meanings as set out below:
“Fabric” means such piece or pieces of textile, clothing or any related material including but not limited to any material formed by combining yarn, fibers or filament in a variety of ways, such as woven, coated, nonwoven, knitted, bonded, felted and composite materials which are provided by the User and / or procured by Binks on behalf of the User and / or a combination of the foregoing for the purposes of the Order placed with Binks.
“Processing” means any direct or indirect act of processing the Fabric or other related materials including but not limited to washing, ironing, cutting, stitching, dyeing, designing, embroidery, and other ancillary processes of any manner whatsoever related to the Orders placed by the User.
“Order” shall mean such order including design and styling which has been placed by the User and accepted by Binks.
All Orders placed by the User are eligible for cancellation on the basis of the stage of the Order in the opinion of Binks. Notwithstanding the foregoing, no orders shall be cancelled in the event of the following circumstances as may be determined by Binks in its sole opinion:
That the Fabric is undergoing or has undergone Processing by Binks;
That an Order for the Fabric or any other materials related to the Order has been placed for procurement with any vendor, seller and / or third Person by Binks; and / or
That Binks has incurred costs and commenced work on the Order placed by the User.
It is to be noted that in all cases, Binks reserves the right to consider the cancellation request and determine if such cancellation request falls under any of the aforesaid conditions, in which case Binks shall deny the cancellation request of the Buyer.
It is also to be noted that Binks levies a modest fee at the time of order placement, serving as confirmation of the said order. Said fee shall be duly reconciled against the ultimate invoice subsequent to the design consultation. In the event that a customer elects to cancel the order, the option for refund shall be extended solely under the condition that said cancellation is effectuated no less than 24 hours prior to the scheduled design consultation or 12 hours prior to scheduled fabric pick-up.
Refund on products
Each garment provided by Binks is completely customized to the measurement, style, look and finish as opted and referenced by the User to the best knowledge of the staff at Binks. Therefore, refunds will not be permitted on the Orders for which Processing has been initiated. Binks shall not be responsible for any complaint or cancellation request on the basis of incorrect and inaccurate information having been provided by the User.
Terms of Replacement and Alterations
If Binks misplaces any Fabric provided by the User, then the liability of Binks is limited to the refund of monetary value of the Fabric OR replacement with similar Fabric in the sole discretion of Binks. Any refund of monetary value shall be subject to the User providing reasonable proof of purchase value of the Fabric to the satisfaction of Binks.
Binks shall not be liable for any damage caused to the Fabric provided by the User during the Processing of the Order, in any manner whatsoever. The User acknowledges that the Fabric is shared by the User with Binks at User’s sole discretion and risk.
The User understands and acknowledges that fitting issues in the garments may arise due to various factors, including but not limited to, the design of the garment, the subjective preferences of each individual, the accuracy of measurements provided, variations in body shape, and such other related variables. Binks recognizes that it is not possible to measure the User’s satisfaction in respect of the garment and hence, Binks does not guarantee perfect fitting and / or complete satisfaction of the User. If the User is not satisfied with the garment's fitting, for a justifiable reason acceptable to Binks, Binks shall attempt one alteration, however, Binks shall neither be liable for any refund, save and except as provided under term no.15 below, nor for the cost of the Fabric.
In case of those Fabrics and Orders which by their nature are part of a set or a pair such as salwar and kameez and where both are stitched by Binks, if the User is not satisfied with the fitting of one garment of the set, for a justifiable reason acceptable to Binks, Binks shall attempt one alteration, however, Binks shall neither be liable for any refund, save and except as provided under term no.15 below, nor for the cost of the Fabric.
The expected timeline for completing an order from start to finish by Binks is indicated to the User. However, this timeframe is subject to change based on a range of factors, including, but not limited to, shortage of labor, labor strikes, unavailability or shortage of materials, orders involving intricate customization or specialized materials or other complex requirements, temporary halt in business operations, any other acts of God, delays in delivery by third party vendors, or any other acts or omissions beyond the reasonable control of Binks. In the event of any such delay in the time frame with respect to an Order, refunds and/or cancellations are not permitted under any circumstance. Binks will make best faith efforts to remedy any unfavorable situations and make things right.
Binks shall not be liable for any time, effort, or resources expended by the User in the process of placing an order, during stitching of the garment(s) by Binks, engaging in alterations, or undergoing any related processes with Binks. The User acknowledges that their engagement in these activities is at their own discretion and risk.
If the design of the garment does not match the specifications provided in the Order, Binks will be liable to refund only the stitching charges component of the pricing for the specified garment. Binks will not be liable for the cost of the Fabric provided by the User, in any manner whatsoever.
Any alterations to the size of the garment stitched by Binks shall be provided free of cost if the garment has the required cloth available in the stitched seams for such alterations to be possible. Any additional cost that may be required to be incurred to procure and arrange additional Fabric to make the required alterations possible shall be incurred by Binks only upon being paid by the Customer on actuals in advance. In any event, any complimentary alteration including the first alteration shall be provided by Binks if such request is raised by the Customer within 30 (Thirty) days of the garment being delivered to the Customer.
Notwithstanding anything contained in this Policy, in the event of any alteration in the size of a garment, prepared by Binks or otherwise, is undertaken by Binks by utilizing any additional Fabric provided by the User, Binks shall not be liable for cost of such additional Fabric or cost of any damage to such additional Fabric in the process of such alteration, in any manner whatsoever.
Alterations will always be for a size and / or measurement change as mentioned in the Order and will not include any material style change of the garment. Any material change or deviation from the style and specifications agreed in the Order shall be subject to additional cost. The determination of whether an alteration request is a material change or not shall be finally decided by Binks and such decision shall be final and binding on the Customer.
If a garment stitched by Binks has been altered outside of Binks, then Binks is no longer liable for free alteration of the garment. Additionally, the garment is no longer eligible for any refund.
For any Fabric/embellishments/add-ons ordered on behalf of the Customer by Binks from any third party vendors, the Customer agrees to reasonable variation of colour, texture, Fabric and cloth stretch, shape or nature of the Fabric, threads, and accessories. As such, no refund will be provided for such variations.
In case of Fabric dyeing, there may be slight colour variations. This is due to the nature of Fabric dyes, variations in shades due to the inherent Fabric specification variations (such as stretch/variations and sag), other differences in display outputs due to lighting, digital photography, colour settings and capabilities of computer monitors. No refund shall be processed in case of slight colour variations.
Upon the processing of a full/partial refund or replacement of fabric where applicable, Binks shall no longer be liable to any subsequent alterations pertaining to the specific garment.
Notwithstanding anything to the contrary contained in these terms (except in accordance with clause 1 of these terms of replacement and alterations), Binks’ maximum aggregate liability for any Order shall not exceed the payment paid by the Customer to Binks for such Order. In any event, Binks shall not be responsible for any indirect or consequential losses.
Binks is not liable for refund of any Fabric/embellishments/add-ons ordered on behalf of the Customer by Binks from any third party vendors.
Binks cancellation and refund policy is applicable only for garments handed over to Binks by the Customer. Binks shall not be liable for any garments that are a part of the outfit but have not been handed over to Binks.
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