Terms & Conditions

1.1 Welcome to Elixir. Welcome to the Elixir. These Terms and Conditions ("Terms") govern your use of our website www.skwsh.in (collectively, the "Platform"), owned and operated by Elixir Cosmetics Private Limited ("Skwsh", "we", "us", or "our"), a company incorporated under the Companies Act, 2013, with registered office at Shop No. 1, Samarth Complex, Opp. BMC Market, Jawahar Nagar, Goregaon West, Mumbai, Maharashtra 400062, India.

1.2 Agreement to Terms. By accessing, browsing, registering on, or placing an order through the Platform, you ("you" or "User") acknowledge that you have read, understood, and agree to be legally bound by these Terms, along with our Privacy Policy, Shipping Policy, and Return & Refund Policy (collectively, the "Policies"). If you do not agree to these Terms, you must immediately cease using the Platform.

1.3 Eligibility and Capacity.

• Age Requirement: You must be at least 18 years of age to use the Platform and enter into binding contracts. If you are under 18, you may use the Platform under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
• Authority: If you are accessing the Platform on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.

1.4 Modification Rights. We reserve the absolute right to modify, amend, add to, or remove portions of these Terms at any time without prior notice, at our sole discretion. Changes will be effective immediately upon posting the revised Terms on the Platform with an updated "Last Updated" date. Your continued use of the Platform after such modifications constitutes your acceptance of the revised Terms. We recommend reviewing these Terms periodically.

2.1 Limited License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for personal, non-commercial purposes. All rights not expressly granted herein are reserved by Elixir.

2.2 Prohibited Uses.

• Use the Platform for any commercial purpose, including resale of products without our express written consent
• Copy, reproduce, distribute, republish, download, display, transmit, or exploit any content from the Platform except for personal use
• Use automated systems (bots, scrapers, spiders, crawlers) to access the Platform without our prior written permission
• Attempt to gain unauthorized access to any portion of the Platform, other accounts, or computer systems connected to the Platform
• Probe, scan, or test the vulnerability of the Platform or breach security/authentication measures
• Circumvent, disable, or interfere with security-related features or features that prevent unauthorized use
• Reverse engineer, decompile, disassemble, or derive source code from the Platform
• Transmit viruses, worms, malware, or any destructive code
• Impersonate any person or entity or falsely state/misrepresent your affiliation
• Engage in activities that violate any applicable laws, regulations, or these Terms

2.3 Right to Terminate Access. We reserve the right, in our sole discretion, to terminate or suspend your access to the Platform immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms. Upon termination, your license to use the Platform will immediately cease.

3.1 Compliance with DPDP Act 2023. We are committed to protecting your personal data in accordance with the Digital Personal Data Protection Act, 2023, and the Digital Personal Data Protection Rules, 2025. Our collection, use, storage, and processing of your personal data are governed by our Privacy Policy, which forms an integral part of these Terms.

3.2 Your Data Rights.

• Right to Access: Obtain confirmation of whether we process your personal data and access such data.
• Right to Correction: Request correction of inaccurate or incomplete personal data.
• Right to Erasure: Request deletion of personal data when no longer necessary for the purpose it was collected.
• Right to Grievance Redressal: Lodge complaints with our Data Protection Officer or the Data Protection Board.
• Right to Nominate: Nominate another individual to exercise your rights in the event of death or incapacity.

3.3 Consent Management. By using the Platform, you provide free, specific, informed, and unambiguous consent for us to process your personal data for the purposes specified in our Privacy Policy. You may withdraw consent at any time through a mechanism as simple as the one used to provide consent, though this may limit your ability to use certain Platform features.

3.4 Data Breach Notification. In the event of a data breach affecting your personal data, we will notify you and the Data Protection Board within 72 hours of becoming aware of such breach, as required under the DPDP Rules 2025.

3.5 Data Retention and Security. We implement reasonable security safeguards to protect your personal data and maintain audit trails for a minimum of one year from the date of collection. Personal data is retained only as long as necessary for the purposes for which it was collected or as required by applicable law.

Contact our Data Protection Officer: ecom@skwsh.in

4.1 Account Creation. To access certain features of the Platform, you must create an account by providing accurate, complete, and current information. You agree to promptly update your account information to maintain its accuracy.

4.2 Account Security Obligations.

• Maintaining the confidentiality of your account credentials (username and password)
• All activities that occur under your account, whether authorized by you or not
• Restricting access to your computer/device to prevent unauthorized account access
• Immediately notifying us of any suspected unauthorized use or security breach at ecom@skwsh.in

4.3 Account Suspension and Termination. We reserve the right, at our sole discretion and without liability, to:

• Temporarily or permanently suspend/block your account without notice if we detect or suspect a security breach
• Require you to change your password if we believe it has been compromised
• Terminate accounts that violate these Terms or engage in fraudulent, abusive, or illegal activities
• Refuse service to anyone for any reason at any time

You acknowledge that we shall have no liability for any loss resulting from account suspension or termination in accordance with these Terms.

5.1 Our Proprietary Rights. All content on the Platform, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, designs, user interfaces, visual interfaces, trademarks, service marks, trade names, and trade dress (collectively, "Content"), is the exclusive property of Elixir or its licensors and is protected by Indian and international intellectual property laws, including but not limited to:

• The Copyright Act, 1957
• The Trademarks Act, 1999
• The Designs Act, 2000
• The Patents Act, 1970

5.2 Trademark Protection. The names and logos "Skwsh" along with all related product and service names, design marks, slogans, and logos, are registered/unregistered trademarks or service marks of Elixir (collectively, "Marks"). You are strictly prohibited from using any Marks without our prior written consent. No trademark license is granted through these Terms or your use of the Platform.

5.3 Copyright Protection. The compilation, arrangement, and assembly of all Content on the Platform is the exclusive property of Elixir and is protected by Indian copyright laws and international treaties. Unauthorized use of the Content may violate copyright, trademark, and other laws.

5.4 Restrictions on Use.

• You may view and download Content solely for personal, non-commercial use
• You may print single copies of Content for personal reference

You may not:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content without our express written permission
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices from Content
• Use Content for any commercial purpose or public display (commercial or non-commercial)
• Use Content on any other website or networked computer environment

5.5 Enforcement of Rights. We actively monitor and enforce our intellectual property rights. Any unauthorized use will result in immediate termination of your license and may subject you to civil and criminal penalties under applicable laws. We reserve the right to seek injunctive relief, monetary damages, and recovery of attorney fees for any infringement.

6.1 Definition and Scope. "User Content" means any information, data, text, photographs, images, videos, reviews, ratings, comments, feedback, chat communications, or other materials that you upload, post, transmit, or otherwise make available on or through the Platform.

6.2 Your Responsibilities. You are solely responsible for your User Content. You represent and warrant that:

• You own or have the necessary rights, licenses, and permissions to use and authorize us to use your User Content
• Your User Content does not and will not infringe, violate, or misappropriate any third-party intellectual property, privacy, publicity, or other rights
• Your User Content complies with these Terms and all applicable laws

6.3 Prohibited User Content. You agree NOT to post, upload, or transmit User Content that:

• Belongs to another person without authorization
• Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of privacy, hateful, racially/ethnically objectionable, or otherwise unlawful
• Harms minors in any way
• Infringes any patent, trademark, copyright, or other proprietary rights
• Violates any applicable law
• Deceives or misleads others about the origin of messages or is menacing in nature
• Impersonates another person or entity
• Contains software viruses or any code designed to interrupt, destroy, or limit functionality of computer resources
• Threatens national security, public order, or incites cognizable offences
• Promotes illegal activities, violence, or discrimination

6.4 License Grant to Elixir. By posting User Content on the Platform, you hereby grant Elixir a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit such User Content in connection with the Platform and Elixir’s business operations, including for promotional and marketing purposes, in any media formats and through any media channels now known or hereafter developed.

6.5 No Obligation to Monitor; Right to Remove. We have no obligation to monitor User Content. However, we reserve the right (but not the obligation), in our sole discretion, to:

• Monitor, review, and screen User Content
• Remove, edit, or refuse to post any User Content that violates these Terms or is otherwise objectionable
• Disclose User Content and circumstances surrounding its transmission to any third party to comply with applicable law, legal process, or governmental requests
• Take any action with respect to User Content that we deem necessary or appropriate if we believe it may create liability for us, damage our brand or reputation, or cause us to lose users

6.6 User Content Deletion Requests. To request deletion of your User Content, email ecom@skwsh.in with:

• Full name, username/screen name, email address associated with the Platform
• Specific User Content to be deleted (with dates if available)
• Reason for deletion request

We will process deletion requests within 30 business days. We may be unable to process requests without complete information.

6.7 No Endorsement. Elixir does not endorse any User Content or any opinion, recommendation, or advice expressed therein. You acknowledge that reliance on User Content is at your sole risk.

7.1 Product Descriptions. We strive to provide accurate product descriptions, specifications, pricing, and imagery. However, we do not warrant that product descriptions, colors, images, specifications, or other Content is accurate, complete, reliable, current, or error-free. Product images are for illustrative purposes only and may not exactly match the actual product in color, size, or appearance.

7.2 Cosmetics Regulatory Compliance. All cosmetic products sold on the Platform comply with:

• The Drugs and Cosmetics Act, 1940
• The Cosmetics Rules, 2020 (as amended by Cosmetics Amendment Rules, 2025)
• Central Drugs Standard Control Organization (CDSCO) regulations

All products are manufactured in licensed facilities, carry proper labeling with batch numbers and expiry dates, and undergo quality testing at approved laboratories.

7.3 Product Suitability and Use. Products are for personal use only and not for resale. You are responsible for:

• Reading product labels, ingredients, and usage instructions before use
• Conducting patch tests to check for allergic reactions
• Consulting a certified dermatologist/medical practitioner if you have specific skin conditions or concerns
• Using products as directed and not beyond their expiry dates

7.4 Product Recommendations and Information. Any product recommendations, beauty tips, or general information provided on the Platform, through emails, chat, social media, or by our representatives are:

• For informational purposes only
• Not intended as personal medical advice or professional consultation
• Not a substitute for advice from qualified medical practitioners
• Based on general beauty and wellness knowledge, not your specific circumstances

We strongly advise consulting certified professionals before using products if you have allergies, medical conditions, or specific concerns.

7.5 Product Availability and Modifications. We reserve the right, at our sole discretion and without prior notice, to:

• Modify or discontinue any product or service offered on the Platform
• Limit quantities available for purchase
• Refuse to fulfill orders if products are unavailable
• Correct errors, inaccuracies, or omissions in product information even after orders are placed

Prices and availability are subject to change without notice.

8.1 Pricing. All prices displayed on the Platform are in Indian Rupees (INR) and include applicable taxes (GST) unless otherwise stated. We display all compulsory charges upfront. Any optional charges (expedited shipping, gift wrapping) will be clearly indicated before checkout.

8.2 Pricing Errors. While we strive for accuracy, pricing errors may occur. If a product is listed at an incorrect price due to typographical, technical, or other errors, we reserve the right, at our sole discretion, to:

• Refuse or cancel any orders placed for incorrectly priced products
• Contact you for instructions before processing the order
• Cancel the order and issue a full refund if payment has been processed

We are not obligated to honor incorrect prices, and you agree that such pricing errors do not constitute a binding offer.

8.3 Dynamic Pricing. We reserve the right to implement dynamic pricing strategies, where product prices may vary based on factors such as demand, time of day, inventory levels, customer location, or promotional activities. Price changes will be reflected in real-time on the Platform.

8.4 No Drip Pricing or Dark Patterns. In compliance with Consumer Protection (E-Commerce) Rules 2020 and CCPA guidelines, we do not engage in:

• Drip pricing: hiding compulsory charges until checkout
• False urgency: misleading time-limited offers
• Fake discounts: showing inflated MRPs or false discount calculations
• Forced bundling: requiring purchase of unwanted items
• Subscription traps: unclear auto-renewal terms

8.5 Payment Methods. We accept the following payment methods:

• Credit Cards (Visa, MasterCard, American Express, RuPay)
• Debit Cards
• Net Banking
• UPI (Unified Payments Interface)
• Digital Wallets (as available)

Cash on Delivery (COD) is available only for orders within India and may be subject to additional charges or restrictions at our discretion.

8.6 Payment Processing. Payments are processed through secure third-party payment gateways. We do not store your complete credit/debit card information on our servers. By providing payment information, you represent and warrant that:

• You are legally authorized to use the payment method
• All payment information you provide is true, accurate, and complete
• Charges incurred will be honored by your payment provider

8.7 Payment Authorization. When you place an order, you authorize us to:

• Charge your payment method for the order total, including products, shipping, and applicable taxes
• Process payment before shipping products
• Place a temporary authorization hold on your payment method to verify availability of funds

8.8 Failed Payments and Order Cancellation. If payment is declined or fails for any reason:

• Your order will not be processed or will be automatically cancelled
• We may contact you to provide alternative payment information
• We reserve the right to cancel pending orders

If payment is processed but the order is subsequently cancelled by us, we will issue a full refund to the original payment method within 5-7 business days.

9.1 Order Placement. When you place an order on the Platform, you are making an offer to purchase products subject to these Terms. All orders are subject to acceptance by Elixir.

9.2 Order Confirmation. After you place an order, you will receive an automated email acknowledging receipt of your order ("Order Confirmation"). The Order Confirmation does NOT constitute our acceptance of your order or confirmation that products are available.

9.3 Order Acceptance. A binding contract between you and Elixir is formed only when we:

• Verify payment processing and product availability
• Send you a shipment confirmation email with tracking information ("Shipment Confirmation")

We reserve the right to refuse or cancel any order at our sole discretion, even after sending an Order Confirmation, for reasons including but not limited to:

• Product unavailability or stock shortages
• Pricing or product information errors
• Suspected fraudulent, unauthorized, or illegal transactions
• Inability to verify or authenticate your order or payment information
• Address verification failures or unserviceable delivery locations
• Orders that violate these Terms or our policies
• Force majeure events (see Section 16)

9.4 Order Modifications and Cancellations by You. You may request order modification or cancellation only before the Shipment Confirmation is sent. Once products are shipped, cancellation requests will not be accepted. Please refer to our Return & Refund Policy for post-shipment returns. To request order cancellation, contact us immediately at ecom@skwsh.in or +91 8928098730 with your order number.

9.5 Order Cancellations by Elixir. If we cancel your order after payment has been processed, we will:

• Notify you via email at the address provided during checkout
• Issue a full refund to your original payment method within 5-7 business days

We shall not be liable for any damages, losses, or expenses resulting from order cancellation in accordance with these Terms.

9.6 Order Limitations. We reserve the right, at our sole discretion, to:

• Limit order quantities per person, household, or geographic region
• Refuse bulk orders or orders that appear intended for resale
• Implement purchase limits on specific products or during promotional periods

10.1 Policy Incorporation. Your cancellation, return, and refund rights are governed by our separate Return & Refund Policy, which is incorporated into these Terms by reference. Please review the Return & Refund Policy carefully before placing orders.

10.2 General Return/Exchange Conditions. No Returns, Only Exchange: We do not offer returns or refunds. Only product exchange is allowed, subject to the following conditions:

• Products must be unused, unworn, unwashed, and in original condition with all tags attached
• Original packaging, including boxes, must be intact and undamaged
• Return request must be initiated within the timeframe specified in our Return & Refund Policy
• Proof of purchase (order confirmation email or invoice) must be provided

Any exchange request failing to meet the above conditions may be rejected at the sole discretion of Elixir Cosmetics Private Limited.

10.3 Non-Returnable Products. Due to hygiene and safety reasons, the following products are NOT eligible for return or exchange unless defective or damaged upon delivery:

• Opened cosmetic products (lipsticks, mascaras, eyeliners, nail polishes, etc.)
• Skincare products that have been used or opened
• Products with broken seals
• Products marked as "non-returnable" or "final sale" at the time of purchase

10.4 Defective or Damaged Products. If you receive defective, damaged, or incorrect products:

• Contact us immediately within 48 hours of delivery at ecom@elixir.in with photographs/videos showing the defect or damage
• Do not use or open the product further
• Upon verification, we will provide a replacement or refund

10.5 Consumer Rights Protection. Nothing in these Terms or our Return & Refund Policy limits your statutory rights under the Consumer Protection Act, 2019, including rights related to defective products, misleading advertisements, or unfair trade practices.

11.1 Policy Incorporation. Shipping and delivery are governed by our separate Shipping Policy, which is incorporated into these Terms by reference.

11.2 Delivery Timelines. Estimated delivery timelines are provided for reference only and are not guaranteed. Actual delivery times may vary based on:

• Product availability and order processing time
• Delivery location (metro cities vs. remote areas)
• Courier partner schedules and capacity
• Weather conditions, natural disasters, or other force majeure events
• Government restrictions or customs clearance (for international orders)

We are not liable for delays caused by third-party courier services or circumstances beyond our reasonable control.

11.3 Shipping Restrictions. We currently ship only to addresses within India. International shipping may be available for select products and destinations at our discretion. Certain products may not be available for shipping to specific locations due to regulatory or logistics constraints.

11.4 Address Accuracy. You are responsible for providing accurate and complete shipping information. We are not liable for:

• Delivery delays or failures due to incorrect, incomplete, or unserviceable addresses
• Packages marked "Return to Sender" due to address errors
• Additional charges for reshipment to corrected addresses

11.5 Delivery Confirmation. By accepting delivery of products, you acknowledge receipt in satisfactory condition. If products are damaged during transit, you must refuse delivery and immediately contact us at ecom@skwsh.in.

11.6 Risk of Loss. Risk of loss and title for products pass to you upon delivery to the shipping address you provided.

12.1 "As Is" and "As Available" Basis. THE PLATFORM, INCLUDING ALL CONTENT, PRODUCTS, SERVICES, AND FEATURES, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ELIXIR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES REGARDING ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF CONTENT
• WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
• WARRANTIES REGARDING RESULTS FROM USE OF THE PLATFORM OR PRODUCTS

12.2 Product-Related Disclaimers.

• Individual Results: Product effectiveness may vary based on individual factors such as skin type, age, lifestyle, and pre-existing conditions. Testimonials or marketing materials reflect individual experiences and not typical results.
• Allergic Reactions: Despite our quality standards, allergic reactions or sensitivities may occur. You are responsible for patch testing and discontinuing use if adverse reactions occur.
• Third-Party Products: For products manufactured by third parties and sold on our Platform, the manufacturer bears primary liability for product defects, safety, or quality issues.
• Professional Advice: Nothing on the Platform constitutes medical or professional skincare advice. Consult qualified professionals for personalized recommendations.

12.3 Third-Party Content and Services. The Platform may contain links to third-party websites, services, or resources. We are not responsible for and do not endorse: (a) the availability, accuracy, or content of such third-party sites; (b) products or services available on third-party sites; or (c) privacy practices or terms of use of third-party sites. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK.

12.4 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELIXIR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL
• BUSINESS INTERRUPTION
• COST OF SUBSTITUTE GOODS OR SERVICES

ARISING OUT OF OR RELATED TO: (a) your use or inability to use the Platform; (b) any products purchased or obtained through the Platform; (c) unauthorized access to or alteration of your data; (d) statements or conduct of third parties on the Platform; or (e) any other matter relating to the Platform or these Terms, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ELIXIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.5 Maximum Aggregate Liability. TO THE EXTENT PERMITTED BY LAW, ELIXIR'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (a) the total amount you paid to Elixir in the 12 months preceding the claim, or (b) ₹10,000 (Ten Thousand Indian Rupees).

12.6 Statutory Consumer Rights. NOTHING IN THESE TERMS LIMITS YOUR STATUTORY RIGHTS UNDER THE CONSUMER PROTECTION ACT, 2019, INCLUDING BUT NOT LIMITED TO: rights related to product liability for defective, unsafe, or deficient products (Sections 82-87, CPA 2019); rights to file consumer complaints before District/State/National Consumer Commissions (Sections 34-60, CPA 2019); rights against unfair trade practices and misleading advertisements (Sections 2(47), 89, CPA 2019); and rights to compensation for proven damages, losses, or injuries caused by our negligence or defective products. WHERE APPLICABLE LAW DOES NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, ELIXIR'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

12.7 Basis of the Bargain. You acknowledge that the disclaimers and limitations of liability in this Section 12 are fundamental elements of the agreement between you and Elixir, and that we would not be able to provide the Platform and products at current pricing without these limitations.

13.1 Your Indemnification Obligations. You agree to defend, indemnify, and hold harmless Elixir, its parent, subsidiaries, affiliates, officers, directors, employees, agents, licensors, suppliers, and partners (collectively, "Elixir Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) arising out of or related to:

• Your use or misuse of the Platform
• Your violation of these Terms or any applicable law or regulation
• Your violation of any rights of any third party, including intellectual property rights, privacy rights, or publicity rights
• Your User Content or any content you post, upload, or transmit through the Platform
• Your fraudulent, illegal, or unauthorized activities
• Your negligence or willful misconduct

13.2 Defense and Settlement. Elixir reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with Elixir in the defense of any such claims. You may not settle any claim without Elixir’s prior written consent.

13.3 Survival. This indemnification obligation shall survive termination or expiration of these Terms and your use of the Platform.

14.1 Informal Resolution. We value your satisfaction and aim to resolve concerns promptly and amicably. Before initiating formal proceedings, please contact us at:

Customer Service Desk
Email: ecom@skwsh.in
Phone: +91 8928098730
Days: Monday to Saturday, 10:00 AM to 6:30 PM IST

We will endeavor to resolve your concern within 48 hours of receiving complete information.

14.2 Grievance Officer. If your concern is not resolved to your satisfaction through Customer Service, you may escalate to our Grievance Officer:
Grievance Officer Contact: ecom@skwsh.in
The Grievance Officer will acknowledge your complaint within 24 hours and endeavor to resolve it within 15 days.

14.3 Arbitration. Any dispute or difference either in interpretation or otherwise, of these Terms and other Policies on the Platform, between the parties hereto, shall be referred to an independent arbitrator who will be appointed mutually and whose decision shall be final and binding on the parties.

14.4 Consumer Forum Rights. Nothing in this Section prevents you from filing consumer complaints before appropriate Consumer Commissions under the Consumer Protection Act, 2019, for disputes related to defective products, deficient services, or unfair trade practices.

14.5 Governing Law and Jurisdiction. These Terms and any disputes arising out of or related to these Terms or the Platform shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. For disputes, the courts of Mumbai, India shall have exclusive jurisdiction.

14.6 Injunctive Relief. Notwithstanding the above, Elixir reserves the right to seek immediate injunctive or equitable relief from any court of competent jurisdiction to protect its intellectual property rights, enforce confidentiality obligations, or prevent irreparable harm or preserve the status quo pending resolution through other means.

15.1 Product Liability Under CPA 2019. Under Sections 82-87 of the Consumer Protection Act, 2019, product manufacturers, service providers, and sellers may be held liable for harm caused by defective products or deficient services.

15.2 Product Safety Commitments. We are committed to offering safe, quality cosmetic products that comply with all applicable regulations. All products sold on the Platform:

• Are manufactured in facilities licensed by CDSCO
• Comply with Cosmetics Rules, 2020 (as amended by Cosmetics Amendment Rules, 2025)
• Carry proper labeling with ingredients, batch numbers, manufacturing dates, and expiry dates
• Undergo quality testing and quality assurance processes

15.3 Reporting Defective Products. If you believe you have purchased a defective, unsafe, or non-compliant product, immediately:

• Stop using the product
• Contact us at ecom@skwsh.in with:
  • Order number and product details
  • Description of the defect or issue
  • Photographs/videos of the product and packaging
  • Details of any harm, injury, or adverse reactions
• Preserve the product and packaging for inspection

15.4 Product Recall. In the event of a product recall mandated by CDSCO or other regulatory authorities, we will:

• Notify affected customers via email and Platform announcements
• Provide instructions for returning recalled products
• Issue full refunds or replacements as appropriate
• Cooperate fully with regulatory investigations

15.5 Limitation on Product Manufacturer Liability. For products manufactured by third parties ("Third-Party Products"), the product manufacturer is primarily liable for product defects, safety issues, or quality failures under the CPA 2019. As a marketplace seller, Elixir’s liability for Third-Party Products is limited to:

• Ensuring products are sourced from licensed manufacturers
• Verifying basic regulatory compliance documentation
• Facilitating returns and refunds in accordance with our policies

For claims related to Third-Party Product defects, you may also have direct claims against the product manufacturer under applicable product liability laws.

15.6 No Waiver of Statutory Rights. Nothing in these Terms waives or limits your statutory rights to file product liability claims under the Consumer Protection Act, 2019, or seek compensation for harm caused by defective or unsafe products.

16.1 Definition. "Force Majeure Event" means any event or circumstance beyond Elixir's reasonable control, including but not limited to: acts of God (earthquakes, floods, storms, pandemics, epidemics); war, terrorism, civil unrest, riots, or strikes; government actions, orders, regulations, or embargoes; changes in applicable laws or regulatory requirements; failure of third-party services (payment gateways, courier services, cloud hosting); cyberattacks, hacking, or denial-of-service attacks; power outages, telecommunications failures, or internet disruptions; supply chain disruptions or raw material shortages.

16.2 Suspension of Obligations. If a Force Majeure Event prevents or delays Elixir from performing its obligations under these Terms (including order fulfillment, shipping, or customer service), Elixir's performance shall be suspended for the duration of the Force Majeure Event without liability.

16.3 Notification. Upon becoming aware of a Force Majeure Event that will materially impact our ability to fulfill orders, we will: (a) notify affected customers via email or Platform announcements; (b) provide updates on expected resolution timelines; and (c) offer order cancellations and refunds if delays are expected to exceed 15 days.

16.4 Termination for Extended Force Majeure. If a Force Majeure Event continues for more than 30 consecutive days, either party may terminate affected orders without liability by providing written notice. Elixir will refund amounts paid for unfulfilled orders within 7-14 business days.

16.5 No Liability for Force Majeure. Elixir shall not be liable for any delays, failures, losses, or damages arising from Force Majeure Events, including but not limited to lost profits, business interruption, or consequential damages.

17.1 Consumer Claims. For claims subject to the Consumer Protection Act, 2019, you may file consumer complaints within two years from the date on which the cause of action arose, as specified in Section 69 of the CPA 2019.

17.2 Contractual Claims. For non-consumer contractual claims not governed by the CPA 2019, you agree that any claim or cause of action arising out of or related to these Terms or the Platform must be filed within one (1) year after the cause of action arose. After such period, claims shall be permanently barred.

17.3 Applicable Law. This section is subject to the Limitation Act, 1963, and other applicable statutes of limitations under Indian law.

18.1 Termination by You. You may terminate your use of the Platform at any time by: (a) ceasing to access or use the Platform; or (b) requesting account deletion by emailing ecom@skwsh.in.

18.2 Termination by Elixir. We may, at our sole discretion, suspend or terminate your access to the Platform immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Suspected fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• At our business discretion

18.3 Effect of Termination. Upon termination:

• Your license to use the Platform immediately ceases
• You must cease all use of the Platform and destroy any downloaded Content
• Termination does not affect obligations to pay for products already ordered or your liability for breaches occurring before termination
• Sections of these Terms that by their nature should survive termination (including intellectual property rights, disclaimers, limitations of liability, indemnification, and dispute resolution) shall survive

19.1 Entire Agreement. These Terms, together with the Privacy Policy, Shipping Policy, and Return & Refund Policy, constitute the entire agreement between you and Elixir regarding the Platform and supersede all prior or contemporaneous agreements, communications, and proposals (whether oral, written, or electronic) between you and Elixir.

19.2 Severability. If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while reflecting the original intent. If modification is not possible, the invalid provision shall be severed, and the remaining provisions shall continue in full force and effect.

19.3 Waiver. Elixir's failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof. No single or partial exercise of any right shall preclude further exercise of that right or any other right. Any waiver must be in writing and signed by an authorized representative of Elixir.

19.4 No Agency or Partnership. Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and Elixir. You have no authority to bind Elixir or make representations on its behalf.

19.5 Assignment. You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without Elixir’s prior written consent. Any attempted assignment in violation of this provision shall be void. Elixir may freely assign these Terms without restriction.

19.6 Headings. Section headings in these Terms are for convenience only and shall not affect the interpretation of any provision.

19.7 Electronic Communications. By using the Platform, you consent to receive electronic communications from Elixir, including emails, SMS, push notifications, and Platform announcements. These communications may include order confirmations, shipping updates, promotional offers, and administrative messages. You agree that such electronic communications satisfy any legal requirement for written communications. You may opt out of promotional communications by following the unsubscribe instructions in such communications, but you cannot opt out of transactional or administrative communications related to your orders.

19.8 Language. These Terms are executed in the English language. If these Terms are translated into any other language, the English version shall prevail in case of any inconsistency or discrepancy.

19.9 Contact Information for Legal Notices. All legal notices, demands, or communications to Elixir under these Terms must be sent in writing to:
Elixir Cosmetics Private Limited
Shop No. 1, Samarth Complex
Opp. BMC Market, Jawahar Nagar
Goregaon West, Mumbai, Maharashtra 400062
Email: ecom@skwsh.in

20.1 Security Obligations. You agree not to:

• Access or attempt to access any part of the Platform, user accounts, computer systems, or networks connected to the Platform through hacking, password mining, or any unauthorized means
• Probe, scan, or test the vulnerability of the Platform or breach security/authentication measures
• Interfere with or disrupt the Platform, servers, or networks connected to the Platform
• Inject or transmit viruses, worms, Trojan horses, malware, or any malicious code
• Use any automated systems (bots, spiders, scrapers) to access, monitor, or copy Platform content without prior written permission
• Overload, flood, spam, or crash the Platform through excessive requests or resource consumption

20.2 Enforcement and Remedies. Violations of Platform security may result in:

• Immediate termination of your account and access to the Platform
• Civil liability under the Information Technology Act, 2000, and other applicable laws
• Criminal prosecution under Indian Penal Code provisions related to computer crimes
• Cooperation with law enforcement authorities for investigation and prosecution

20.3 Reporting Security Issues. If you discover security vulnerabilities or unauthorized access to the Platform, please report them immediately to ecom@skwsh.in. We appreciate responsible disclosure and will investigate all reports promptly.

21.1 Offer Terms. Promotional offers, discounts, coupon codes, and special deals ("Offers") are subject to specific terms and conditions that will be communicated at the time of the Offer. Unless otherwise stated:

• Offers are valid only for the specified period
• Offers cannot be combined with other promotions unless explicitly permitted
• Offers apply only to products and categories specified
• Offers are subject to availability and may be withdrawn without notice
• Offers are non-transferable and may not be redeemed for cash

21.2 Coupon Codes. To redeem a coupon code:

• Enter the valid code at checkout before payment
• Ensure your order meets minimum purchase requirements (if applicable)
• Verify that products in your cart are eligible for the coupon

We reserve the right to refuse or cancel orders placed using invalid, expired, or fraudulently obtained coupon codes.

21.3 Offer Modifications. We reserve the right, at our sole discretion, to modify, suspend, or terminate any Offer at any time without prior notice or liability.

22.1 Chat Service Terms. The chat functionality on the Platform is provided to assist with Platform-related queries and customer support. By using the chat service, you agree that:

• Elixir may suspend or discontinue the chat service at any time without notice
• Response times may vary based on volume and availability
• Chat conversations may be recorded and stored for quality assurance, training, and dispute resolution purposes
• You will not use the chat service for solicitation, advertising, or transmitting objectionable, unlawful, threatening, abusive, defamatory, or obscene content

22.2 Chat Limitations. Information provided through chat is for general guidance only and does not constitute:

• Legal, medical, or professional advice
• Binding commitments or warranties unless confirmed in writing by authorized representatives
• Modification of these Terms

23.1 Right to Modify. Elixir reserves the right, at any time and at its sole discretion, to:

• Modify, update, or discontinue any aspect, feature, or functionality of the Platform
• Change Platform hours of availability or technical requirements for access
• Implement new features, services, or restrictions
• Temporarily or permanently suspend Platform operations for maintenance, upgrades, or other reasons

23.2 No Liability for Changes. Elixir shall not be liable to you or any third party for any modifications, suspensions, or discontinuance of the Platform or any features thereof.

24.1 Prices Include GST. All prices displayed on the Platform include Goods and Services Tax (GST) at applicable rates unless otherwise indicated.

24.2 Tax Invoices. We will provide GST-compliant tax invoices for all orders. Invoices will be sent electronically to your registered email address or made available in your account dashboard.

24.3 Your Tax Responsibilities. You are responsible for determining and paying any additional taxes, duties, or customs charges applicable to your orders, particularly for international shipments (if available).

25.1 Your Compliance Obligations. You agree to comply with all applicable laws, regulations, and ordinances in your use of the Platform, including but not limited to:

• Consumer Protection Act, 2019
• Information Technology Act, 2000 (as amended)
• Digital Personal Data Protection Act, 2023
• Drugs and Cosmetics Act, 1940
• Indian Penal Code, 1860
• Intellectual property laws

25.2 International Use. If you access the Platform from outside India, you are responsible for compliance with local laws and regulations. We make no representation that the Platform or products are appropriate or available for use in other jurisdictions.

26.1 Customer Support. For questions, concerns, or assistance regarding orders, products, or the Platform, please reach out to our Customer Service Desk.

Customer Service Desk
Email: ecom@skwsh.in
Phone: +91 8928098730
Days: Monday to Saturday
Hours: 10:00 AM to 6:30 PM IST

26.2 Grievance Officer. For unresolved complaints or grievances, contact our Grievance Officer at ecom@skwsh.in.

26.3 Data Protection Officer. For data privacy inquiries, data rights requests, or data breach concerns, email ecom@skwsh.in.

26.4 Legal Notices. For legal notices or formal communications, please write to:

Elixir Cosmetics Private Limited
Shop No. 1, Samarth Complex
Opp. BMC Market, Jawahar Nagar
Goregaon West, Mumbai, Maharashtra 400062
Email: ecom@skwsh.in
Contact Days: Monday to Saturday (10:00 AM to 6:30 PM IST)