Terms of Service

These Terms of Service ("Terms") govern your access to and use of www.photorbit.in and any purchase you make from Photorbit, operated from Photorbit, Ashiyana Building, Ground Floor, Bylane 2, Vivekananda Road, Sonarpur, Kolkata, West Bengal 700150, India. By accessing this website, creating an account, or placing an order, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use this website.

1. Definitions

• "We," "us," "our," and "Photorbit" refer to the business operating this website.
• "You" and "your" refer to any visitor, registered user, or customer.
• "Products" refers to any ready-made or personalised item listed for sale on this website.
• "Order" refers to a request to purchase Products submitted through checkout.

2. Eligibility and accounts

You must be at least 18 years old, or be using this website under the supervision of a parent or legal guardian, to create an account or place an order. When you register, you agree to provide accurate, current, and complete information, and to keep your password confidential. You are responsible for all activity that occurs under your account. Notify us immediately at [email protected] if you suspect unauthorised use of your account.

3. Website use

You may use this website only for lawful, personal shopping purposes. You agree not to:

• Interfere with or disrupt the operation of the website or its servers/networks.
• Attempt to gain unauthorised access to any account, system, or data.
• Upload or transmit malicious code, or content that is unlawful, defamatory, or infringing.
• Scrape, harvest, or systematically extract data from the website without our written permission.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Use the website for any commercial resale purpose without our prior written consent.

4. Product information and pricing

We aim to accurately describe our Products, including images, dimensions, materials, and pricing. Colours may vary slightly due to display settings, and handcrafted/personalised items may have minor natural variations. Prices are listed in Indian Rupees (INR) and are inclusive of applicable GST unless stated otherwise, exclusive of shipping charges shown at checkout. In the rare event a Product is mispriced or a genuine stock error occurs after you place an Order, we will contact you before processing the Order and you may cancel for a full refund.

5. Order acceptance

Your Order is an offer to purchase. We may accept, decline, or cancel any Order at our discretion — for example, if a Product is out of stock, if we suspect fraud, or if there is a pricing or listing error — in which case we will notify you and refund any amount already paid. A contract of sale is formed only once we confirm your Order by email.

6. Personalised and custom-made products

Some Products are made to order based on the name, photo, message, or design you provide. You are responsible for ensuring the accuracy of any text, image, or instruction you submit, and for having the right to use any photo or content you upload. We reserve the right to refuse a personalisation request that is unlawful, infringing, offensive, or otherwise inappropriate.

7. Payments

Payments are processed securely through Razorpay, supporting UPI, credit/debit cards, net banking, and wallets. By paying, you also agree to Razorpay's applicable terms. An Order is confirmed only after payment is verified on our servers — a payment success message shown in your browser does not, by itself, guarantee Order confirmation until you receive a confirmation email and see the Order reflected in your account.

8. Shipping and delivery

Estimated delivery timelines are shown at checkout and described in our Shipping Policy. Delivery dates are estimates, not guarantees, and may be affected by courier delays, weather, regional restrictions, or other circumstances outside our control. Risk of loss and title to Products pass to you upon delivery to the courier partner.

9. Returns, refunds, and cancellations

Return and refund eligibility, including special rules for personalised Products, is described in our Refund Policy, which forms part of these Terms.

10. Reviews and user content

If you submit a product review, rating, question, or other content, you grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce, and display that content on this website and in our marketing, and you confirm it is truthful, not defamatory, and does not infringe any third party's rights. We may remove any content at our discretion, including content that is abusive, misleading, or spam.

11. Intellectual property

All text, images, graphics, logos, product designs, and other materials on this website are owned by Photorbit or used with permission, and are protected by applicable copyright and trademark law. You may not copy, reproduce, republish, sell, or create derivative works from this content without our prior written permission, except as necessary to view and use the website for personal shopping purposes.

12. Third-party links and services

This website may link to or embed third-party services (payment processing, maps, social platforms). We do not control and are not responsible for the content, security, or privacy practices of third-party websites or services. Your use of them is governed by their own terms.

13. Disclaimers

This website and its content are provided "as is" and "as available," without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the fullest extent permitted by law. We do not warrant that the website will be uninterrupted, secure, or error-free.

14. Limitation of liability

To the fullest extent permitted by law, Photorbit and its founders, employees, and partners will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, or data, arising out of or related to your use of this website or any Product purchased through it. Our total liability for any claim arising from an Order will not exceed the amount you paid for that Order. Nothing in these Terms limits liability that cannot be excluded under applicable Indian law, including liability for fraud or wilful misconduct.

15. Indemnification

You agree to indemnify and hold Photorbit harmless from any claim, loss, or demand, including reasonable legal fees, arising out of your breach of these Terms, your misuse of the website, or your violation of any law or third-party right.

16. Governing law and dispute resolution

These Terms are governed by the laws of India. Subject to the Consumer Protection Act, 2019 (which allows consumer complaints to be filed in the consumer's local jurisdiction), any dispute arising out of these Terms will be subject to the exclusive jurisdiction of the courts of Kolkata, West Bengal. We encourage you to first contact our Grievance Officer (see Privacy Policy) to resolve any concern informally before pursuing formal action.

17. Force majeure

We are not liable for any delay or failure to perform our obligations resulting from causes beyond our reasonable control, including natural disasters, strikes, courier network disruptions, or government action.

18. Changes to these Terms

We may update these Terms from time to time to reflect changes in our practices, Products, or legal requirements. The "Effective" date at the top of this page reflects the latest version. Continued use of the website after changes are posted means you accept the updated Terms.

19. Severability and entire agreement

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force. These Terms, together with our Privacy Policy, Refund Policy, and Shipping Policy, constitute the entire agreement between you and Photorbit regarding your use of this website.

20. Contact

Questions about these Terms of Service can be sent to [email protected] or +91 86978 15372. Photorbit, Ashiyana Building, Ground Floor, Bylane 2, Vivekananda Road, Sonarpur, Kolkata, West Bengal 700150, India