Terms of service

Terms of Service

Orca Consumer Private Limited | Brand: Smatoons

CIN: U46909UP2024PTC206999 | Website: smatoons.com

Effective Date: As updated on the Smatoons website

Last Updated: 24 February 2026

 

Welcome to Smatoons. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Orca Consumer Private Limited ("Company," "we," "us," or "our"), governing your use of the Smatoons website (smatoons.com) and all associated services. Please read these Terms carefully before using our Services.

By accessing our 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 our Services.

These Terms are governed by the Consumer Protection Act, 2019; the Information Technology Act, 2000; the Indian Contract Act, 1872; the Sale of Goods Act, 1930; and the Consumer Protection (E-Commerce) Rules, 2020. We recommend consulting a qualified legal professional for advice specific to your circumstances.

Legal Entity: Orca Consumer Private Limited

Brand: Smatoons

CIN: U46909UP2024PTC206999

Registered Address: 149, Prabhat Nagar, Meerut, Uttar Pradesh, India

Email: hello@smatoons.in

You must be at least 18 years of age to use our Services, create an account, or place an order. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract. Parents and guardians may use our Services to purchase products for children under their care.

3.1 Account Creation

You may be required to create an account to access certain features of our Services. You agree to provide accurate, current, and complete information during registration and to keep your account information updated.

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at hello@smatoons.in if you suspect any unauthorised use of your account.

3.3 Account Termination

We reserve the right to suspend or terminate your account at our sole discretion if we determine that you have violated these Terms, engaged in fraudulent activity, or for any other reason we deem appropriate. You may also delete your account at any time by contacting us at hello@smatoons.in.

4.1 Product Descriptions

We make every effort to display accurate product descriptions, images, and specifications on our website. However, we do not warrant that product descriptions are complete, accurate, or error-free. Product colours may vary slightly due to screen calibration differences.

4.2 Pricing

All prices displayed on the website are in Indian Rupees (INR) and are inclusive of applicable GST unless otherwise stated. We reserve the right to change prices at any time without prior notice. Prices at the time of checkout apply to your order.

4.3 Price Errors

In the event of a pricing error, we reserve the right to cancel orders placed at the incorrect price. We will notify you promptly and offer a full refund or the option to proceed at the correct price.

4.4 Product Availability

All products are subject to availability. We do not guarantee that any particular product will be in stock. If a product you order becomes unavailable after your order is placed, we will notify you and issue a full refund.

5.1 Order Placement

By placing an order, you make an offer to purchase the relevant products at the displayed price. An order confirmation email constitutes acknowledgment of receipt of your order, not acceptance of your offer.

5.2 Order Acceptance

A binding contract between you and Orca Consumer Private Limited is formed only when we dispatch the products and send you a dispatch confirmation. We reserve the right to refuse or cancel any order at our discretion.

5.3 Order Cancellation by Customer

Orders may be cancelled by contacting us at hello@smatoons.in before dispatch. Once an order has been dispatched, it cannot be cancelled, and the return/refund policy will apply.

6.1 Accepted Payment Methods

We accept payment via UPI, net banking, debit and credit cards, and such other methods as may be made available on the website from time to time. All payments are processed through secure, PCI-DSS compliant third-party payment gateways.

6.2 Payment Security

We do not store complete credit or debit card information. All financial transactions are encrypted and processed by our payment gateway partner. We are not responsible for errors or failures in the payment gateway.

6.3 Failed Transactions

If a payment fails after your order is placed, your order will be placed on hold. We will notify you by email. If payment is not received within 48 hours, the order will be automatically cancelled and no charge will be levied.

Shipping and delivery terms are detailed in our Shipping Policy, which forms an integral part of these Terms and is incorporated herein by reference. Please review the Shipping Policy carefully before placing an order.

8.1 Return Eligibility

Products may be returned within 10 days of delivery, provided they are unused, in their original condition, with all original packaging, tags, and accessories intact. The following products are not eligible for return:

•       Products that have been used, washed, or altered

•       Products damaged due to misuse, negligence, or abnormal conditions

•       Products where the original packaging or tags have been removed

•       Personalised or customised products

8.2 Defective or Damaged Products

If you receive a defective, damaged, or incorrect product, please contact us at hello@smatoons.in within 48 hours of delivery with photographs evidencing the damage or defect. We will arrange a replacement or full refund at our cost.

8.3 Refund Process

Approved refunds will be processed within 7-10 business days of receiving the returned product. Refunds will be credited to the original payment method. We are not responsible for delays caused by the payment gateway or your bank.

8.4 Return Shipping

For eligible returns not arising from our error (i.e., buyer's remorse), return shipping costs are borne by the customer. For returns arising from our error (damaged, defective, or incorrect products), we will bear the return shipping cost.

8.5 Consumer Rights

Nothing in this Returns Policy shall limit or exclude your rights as a consumer under the Consumer Protection Act, 2019 or any other applicable law.

9.1 Ownership

All content on the Smatoons website, including but not limited to text, graphics, logos, product images, the Twiggle character and associated artwork, brand names, taglines, and the overall look and feel of the website, are the exclusive intellectual property of Orca Consumer Private Limited or its licensors, protected under applicable Indian intellectual property laws including the Copyright Act, 1957 and the Trade Marks Act, 1999.

9.2 Prohibited Use

You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or use any content from our website for commercial purposes without our prior written permission. Unauthorised use constitutes infringement and may result in legal action.

9.3 User Content

If you submit reviews, photographs, feedback, or other content to us ("User Content"), you grant Orca Consumer Private Limited a non-exclusive, royalty-free, perpetual, irrevocable, worldwide licence to use, reproduce, modify, publish, and distribute such User Content in connection with our business and marketing activities. You represent that you own or have the right to grant this licence and that your User Content does not infringe any third-party rights.

When using our Services, you agree not to:

•       Use our Services for any unlawful purpose or in violation of applicable law

•       Attempt to gain unauthorised access to any part of our website or systems

•       Transmit viruses, malware, or any other harmful code

•       Engage in any activity that disrupts or interferes with our Services

•       Impersonate any person or entity or misrepresent your affiliation with any person or entity

•       Use automated tools, bots, or scrapers to extract data from our website without written permission

•       Harass, abuse, or harm any other user or our team members

•       Submit false or misleading information in connection with orders or customer communications

To the maximum extent permitted by applicable law, Orca Consumer Private Limited shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our Services, including but not limited to loss of profits, loss of data, or loss of goodwill.

Our total liability to you for any claim arising from your use of our Services shall not exceed the amount you paid for the specific product or service giving rise to the claim.

Nothing in this clause shall limit or exclude our liability for death or personal injury arising from our negligence, fraud, or any other liability that cannot be excluded by law, including liability under the Consumer Protection Act, 2019.

Our Services are provided "as is" and "as available" without warranties of any kind, express or implied, except as required by applicable law. We do not warrant that our website will be uninterrupted, error-free, or free from viruses.

Product warranties, if any, are as stated in individual product descriptions or accompanying documentation. Implied warranties of merchantability and fitness for a particular purpose are disclaimed to the fullest extent permitted by law.

Our website may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of those third-party sites. Links do not constitute endorsement. We encourage you to review the terms and privacy policies of any third-party sites you visit.

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

14.2 Consumer Forum

You have the right to approach the appropriate Consumer Disputes Redressal Commission under the Consumer Protection Act, 2019 for any dispute arising from deficiency in goods or services. Contact our Grievance Officer first (Section 15) as an initial step.

14.3 Arbitration

For disputes not resolved through customer service or consumer forums, the parties may mutually agree to resolve disputes through arbitration under the Arbitration and Conciliation Act, 1996, with the seat of arbitration in Uttar Pradesh, India.

14.4 Jurisdiction

Subject to the above, courts at Uttar Pradesh, India shall have exclusive jurisdiction over any disputes arising under these Terms.

In accordance with the Consumer Protection (E-Commerce) Rules, 2020, we have designated a Grievance Officer:

Name: Yash [Founder & CEO, Orca Consumer Private Limited]

Email: hello@smatoons.in

Response Time: Acknowledgment within 24 hours; resolution within 30 days

We may modify these Terms at any time. We will notify registered users of material changes by email at least 7 days before they take effect. Your continued use of our Services after such notification constitutes acceptance of the revised Terms.

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

These Terms, together with our Privacy Policy and Shipping Policy, constitute the entire agreement between you and Orca Consumer Private Limited with respect to your use of the Smatoons Services and supersede all prior agreements