This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of this mobile application (“App”).

The website is owned and controlled by Surfboats Solutions Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at ANM-39F, Akashneem Marg, DLF Phase -II, Gurgaon, Haryana -122002 IN, India (“Smytten”).

 These terms of use (“Terms”), including the various policies incorporated by reference in these Terms, govern your access to and use of this website and the underlying services provided by us through the website, including our SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and our other covered services that may link to these Terms (collectively, the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on or as a part of the Services (collectively referred to as “Content”). Your access to and use of the Services, however accessed, constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between You and Smytten. When You use any of the Services provided by Us through the App, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such Service, and they shall be deemed to be incorporated into and shall apply in addition to these Terms. If you transact on our website, you shall be subject to the policies that are applicable for such transaction.

By accessing the website, these terms will automatically apply to you. If you have any questions regarding our services, you can email us at care@smytten.com

Changes to the Agreements

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. It is your responsibility to review these Terms periodically for updates / changes. Your continued use of the website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to access and use the services.

In the event a special feature with its own terms and conditions is offered, the same shall apply in addition to these terms. In case of a conflict of the terms and conditions of such special feature with these terms, the terms specific to the special feature shall prevail.

In these Terms, unless the context otherwise requires, references to:

Membership Eligibility

Use of the Services is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. If you are a minor, i.e., under the age of 18 years, or are otherwise ‘incompetent to contract’ under the Indian Contract Act, 1872, you are not eligible to use the Services and you shall not register as a User of or transact on the App. If minors wish to transact on the App, all transactions shall be required to be made by their legal guardians/parents who must be registered Users of the App. We reserve the right to terminate your membership and/or refuse to provide you with access to the Services if it is brought to our notice or if it is discovered that you are under the age of 18 years or are ‘incompetent to contract’.

The Services

The website is only a medium that provides access to a technology platform, managed by Smytten, which enables Users to meet and interact with one another for their transactions. It is a marketplace for the listing of Products and Samples and offering for sale various Products, by the Sellers, and for the purchase of Products and ordering of Samples, by the Buyers. Smytten is an intermediary for all such transactions and is not a party to nor controls in any manner any transaction between the website Users. You agree that Smytten is only providing a platform for communication and it is agreed that any contract for sale or delivery of any of the Products or Samples, as may be applicable, shall be a strictly bipartite contract between the Seller and the Buyer, for which Smytten will only be fulfilling the delivery of the relevant Product or Sample, strictly on behalf of the Seller. Smytten, its affiliates, permitted assigns or partners are not liable for anything whatsoever that is undertaken using this platform and:

Privacy Policy

Any information that you or other Users provide to Smytten is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services, you have read and fully understand the Privacy Policy of Smytten and you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to third parties for storage, processing and use by Smytten. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages via e-mail and short messaging service (SMS) or any other mode of communication, electronic or otherwise. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving.

Tip: You can control most communications from the Services, including notifications about orders placed by you, promotions, advertisements, comments or other activity on any Content posted by you and periodical updates from us, provided to you as and when required. Please see your settings for email and mobile notifications for more. The user hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Smytten. The User further consents that the terms and contents of such Privacy Policy are acceptable to him.[1]

Limited Use

The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained through the App. Limited reproduction and copying of the Content is permitted provided that Smytten’s name is stated as the source and prior written permission of Smytten is sought. For the removal of any doubt, it is clarified that unlimited or complete reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the website is not permitted.

Throughout these Terms, Smytten’s prior written consent means a communication issued by Smytten’s legal department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorisation.

Use of the Services

You agree, undertake and confirm that your access to and use of the Services shall be strictly governed by the following binding principles:

You shall not host, display, upload, modify, publish, transmit, update or share any information which:

9.             No Compensation

  1. If the quality of any Products, information, or other material purchased or obtained by you through the App did not meet the Product specifications displayed on the App, no compensation will be given other than the return and refund or exchange of the Product as per these Terms. If the quality of any Samples ordered through the App did not meet your expectations, no compensation will be given other than the replacement of the Sample as per these Terms. The Buyer cannot request compensation from Smytten for any reason, including but not limited to: any variation in the finish or appearance of the final Product or Sample; any delay in delivery caused by unforeseen circumstances; any special, incidental, indirect or consequential damage of any kind caused by a Product or a Sample, including any reactions to skin or other body parts, missed opportunities to avail certain discounts; any issue with our delivery partners or their personnel, any voucher which got deactivated due to the end of expiry date; unavailability of items which the Buyer tried to purchase, etc.
  1. Unreasonable and unlawful requests for compensation, over and above the entitled refund, will be treated as loss to business cases. Smytten holds the rights to cancel orders and block accounts of such customers without any prior notice.
  1. Contents Posted on the App
  1. Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that Smytten is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Smytten of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

12.      User Warranty and Representation

You guarantee, warrant, and certify that you are the owner of the content which you submit or otherwise authorise us to use and that the content does not infringe upon the intellectual property rights or other rights of third parties. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered through the App.

  1. Exactness Not Guaranteed

We do not warrant that any Product or Sample description or other Content made available through the App is accurate, complete, reliable, current, or error-free and assume no liability in this regard. Smytten hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product or Sample as ordered by the User through the App.

  1. Intellectual Property Rights
  1. Disclaimers and Limitations of Liability

Please read this section carefully as it limits the liability of Smytten and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Smytten Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

Limitation of Liability

  1. Indemnification

You agree to indemnify, defend and hold harmless Smytten, its associates and partners from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Smytten that arise out of, result from, or may be payable by virtue of, any breach or a law or any right of any user including including but not limited to intellectual property rights of a third party or a user or non-performance of any representation, warranty, covenant or obligation to be performed by you pursuant to these Terms.

  1. Seller’s Obligations
  1. Payment


  1. Payment Facility for Buyers
  1. Compliance with Laws:

The Buyer and Seller shall comply with all applicable laws (including without limitation, the Foreign Exchange Management Act, 1999 and the rules and notifications made and issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, the Customs Act, the Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, the Prevention of Money Laundering Act, 2002 and the rules made thereunder, the Foreign Contribution Regulation Act, 1976 and the rules made there under, the Income Tax Act, 1961 and the rules made there under, the Export Import Policy of government of India) applicable to them respectively for using Payment Facility and the App.

  1. Buyer’s arrangement with Issuing Bank:
  1. Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the material through the Services is presented solely for the purpose of sale/ ordering in India. Smytten makes no representation that materials made available through the Services are appropriate or available for use in jurisdictions other than India. Those who choose to access this site from locations other than in India, do so on their own initiative and Smytten is not responsible for the supply of Products or Samples/refund for the Products/ replacement of the Samples ordered from other locations/countries other than India, or compliance with local laws, if and to the extent local laws are applicable.

  1. Trademark, Copyright and Restriction
  1. Trademark complaint

Smytten respects the intellectual property of others. In case you feel that your trademark has been infringed, you can write to Smytten at care@smytten.com.

  1. Delivery

Sometimes, delivery may take longer due to:

In such cases, we will proactively reach out to you. Please check your emails and SMS regularly for such updates. Also, we will not be able to compensate for any mental agony caused due to delay in delivery. The Buyer can cancel the order at any moment of time even if the delivery time exceeds the expected delivery time. If it is a prepaid order, the Buyer will be refunded back the relevant transaction price in the account as soon as the order is successfully cancelled.

  1. Governing Law

These Terms shall be governed by and constructed in accordance with the laws of India. Any disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at [New Delhi].

  1. Interpretation of Number and Genders and Capitalised Words

The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to the Terms as a whole. The capitalised words used anywhere in these Terms shall have the meaning as is readily inferable from the context or as they are commonly used and understood in their normal commercial sense.

  1. Headings

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the App by you contained herein or any other section or pages of the App or any Linked Sites in any manner whatsoever.

  1. Severability

If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.

  1. Report Abuse

As per these Terms, users are solely responsible for every material or content uploaded on to the App. Smytten does not review the contents in any way before they appear through the App. Smytten does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the App. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to Smytten.

  1. Unauthorized Charges on your card

If you see charges on your credit/debit card for purchases made through the App, but you never created an account or signed up, please check with your family members or business colleagues authorised to make purchases on your behalf, to confirm that they haven't placed the order. If you are still unable to recognise2 the charge, please report the unauthorised purchase to Smytten within [•] days of the transaction to enable Smytten to begin an investigation.

  1. Prohibited Uses

You agree not to use the App in any way that

  1. Mispricing

Despite our best efforts, a small number of Products in our catalogue are mispriced. However, we verify prices as part of our shipping procedures. If a Product’s correct price is lower than our stated price, we charge the lower amount and send you the Product along with a refund of the excess amount as per these Terms. If a Product's correct price is higher than our stated price, we will cancel your order and notify you of that cancellation.



Smytten prohibits the use of language that is obscene, racist, hateful or otherwise disparaging in nature in any manner whatsoever.

•           This policy is applicable text within listings, on Seller pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, we allow Sellers to 'blur' out the bulk of the offending word with asterisks.

•           If a feedback comment, or any communication made between Users through the App; or email communication between Users in relation to transactions conducted on the App contain profane language, please submit a request for action/removal.

•           Disciplinary action may result in either an indefinite suspension of a User's account, a temporary suspension, or a formal warning.

•           Smytten will consider the circumstances of an alleged policy violation and the User's trading records before taking action.

•           Violations of this policy may result in a range of actions, including, limits placed on account privileges, loss of special status and account suspension.



Generally, transactions are conducted smoothly on the App. However there may be some cases where both the Buyers and Sellers may face issues. At Smytten, we have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers.

What is a 'dispute'?

A 'Dispute' can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the App.

How does a 'dispute' occur in the Marketplace?

Disputes are filed as a result of a disagreement between the Buyer and the Seller. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.

It is important that before a Buyer/Seller raises a dispute, they should attempt to resolve the issue mutually. Please note that whenever a Buyer raises a dispute, the Seller's payment for that order is put on hold immediately until the issue is resolved.

How is a 'dispute' created?

Whenever there is a disagreement, the Buyer can write to [•], while the Seller can write to [•], in order to raise a dispute. Disputes can be raised at any particular stage of the transaction.

What are the various types of 'disputes'?

Following are the indicative examples of potential disputes:

In case the Seller rejects the return request of the Buyer, and Buyer raises a dispute, then Smytten will try to mediate and resolve the dispute between both the parties. If the dispute is resolved in favour of the Buyer, a refund is provided once the product is returned to the Seller. If the dispute is settled in favour of the Seller, Buyer is not entitled to any refund.


It is the User’s responsibility to log-in earlier if they want to avail better Products or Samples or styles because placement of orders is “first come, first served”. The merchandise is not restocked once sold out. No information regarding the presence of any Product or Sample in our stock will be guaranteed and we will alert you only when an item is sold out.

We, as an intermediary digital marketplace, shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorisation for any transaction, or on account of the cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.