TERMS AND CONDITIONS OF UNQfashion.com
1. ACCEPTANCE OF TERMS
2. WEBSITE ACCESS AND ACCOUNT INFORMATION
2.1. To enable utilise the services being offered by Us you are required to open an account (“User Account”), by completing the registration process by providing us with current, complete and accurate information (including your email address and other contact details) as prompted by the applicable registration form.
2.2. You hereby represent and warrant that all information provided by you in connection with your User Account, including any payment, contact or shipment details generally or in connection with an order, are true, complete and accurate. You agree and undertake to indemnify us against all damages, costs or losses incurred by us due to wrong, false, inaccurate or incomplete information provided by you.You are not authorized to use another user’s account without the User’s permission, any such unauthorised use of others account constituting fraud. When you create your account, you must provide information that is accurate. You are solely responsible for the activity that occurs on your Account. The Site is not responsible for any changes in User Account details once an order is placed. You agree and undertake to indemnify us against all damages, costs or losses incurred by us due to such fraudulent activity, in addition to any other remedy that is available to us under law for the time being in force, against you for such fraudulent activity.
2.3. You shall be responsible for maintaining the confidentiality of your password, which you will not be under an obligation to reveal to any representative or agent of Site.The Site cannot and will not be liable for any loss or damage arising from your failure to protect your password’s confidentiality. You agree to immediately notify Us of any unauthorized activity that occurs on your account or any suspected breach of security including loss, theft, or unauthorized disclosure of your password at support@UNQfashion.com.
2.4. If you create an account at our Site, you represent that you are of legal age to form a binding contract, have the requisite authority to bind the other party to this Agreement and are not a person barred by any law from using the Site. You shall not use the Site if you are not legally competent to form a binding contract.
2.5. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If the Site suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms and Conditions, your account may be subjected to suspension or termination, and you may be barred from using the Site.The User shall be responsible for obtaining and maintaining telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto. The Company shall not be liable for any damages to the User's equipment resulting from the use of the Site.
2.6. You shall be responsible for account management of Social networking sites where the Services maybe involved including the protection of the password of such accounts and any other related information.
3. ORDER PROCESSING
3.1. The "offers" contained on the Site represent a non-binding invitation for the customer to place an order on the Site.
3.2. You may place a binding order, either using your User Account or as a guest user By filling in and sending off the order form on the Internet, the Customer makes a binding offer for the conclusion of a contract of purchase. The details of the order can also be viewed online in the My Account under "My Orders".
3.3. When placing an order, you agree that any and all information given is accurate and complete. Before finally sending off the order form, the customer has the opportunity to check that his/her details are right and if necessary to correct them on a summary page. In order to enable you to view and place orders for any products made available on the Site, we will provide you with a visual representation of the Product together with a summary description of the Product. While every effort is made to provide accurate visual representations, cannot guarantee the exactness of such visual representation or description to the finish and appearance of the final Product delivered to you. Alterations in certain aspects of your order such as appearance, size or colour may be caused due to screen resolutions of the systems used, number of pixels in an image and other circumstances that are not within our control.
3.4. All orders are subject to acceptance and product availability.
3.5. If the Site does not have enough stock to deliver the goods you have ordered, we will not charge your credit or debit card until the items are back in stock and ready to be dispatched.
3.6. All prices listed on the Site are correct at the time of entering the information, however, we reserve the right to change prices of any Product at any time.
3.7. The contract only materialises when we dispatch the Product ordered to the Customer and confirm the dispatch to the customer with a second e-mail (“Shipping Confirmation”).
3.8. This confirmation email will be sent to the email address given in your order form and will detail products ordered, payment method, cost and usual delivery times.
3.9. You must check all the details on this confirmation email are correct and contact us as soon as possible if any details are incorrect.
3.10. If your order has not been accepted, you will receive an email from us telling you the reasons why.
3.11. Discount vouchers cannot be used on sale Products.
3.12. You may not change the address for delivery of the Products provided by you after you place the binding order.
3.13. Title and risk of loss or damage for all products ordered by you in accordance with these terms and conditions shall pass to you upon your receipt of the Product.
4. PRICING INFORMATION AND PAYMENT PROCEDURE
4.1. Prices and availability are subject to change without any prior notice. The prices mentioned on the Site are not subject to comparison with the same or similar Product(s) and/or Service(s) available through any online or offline sale. The pricing is subject to the Site’s pricing policy and the prices shall be determined only at Site’s sole discretion.
4.1. All prices are in Indian Rupees. All prices are inclusive of VAT.
4.1. Pricing on a Product is generally as shown on the Site. Terms of payment are within our sole discretion, and unless otherwise agreed to by us, we must receive full payment prior to our acceptance of an order. Payment for the Products must be made by credit or debit card, cash on delivery, or some other prearranged payment method specified on the Site. Orders are not binding upon us until accepted by us, and we reserve the right to decline the acceptance of any order. Prices shown are inclusive of applicable taxes. Shipping, handling, and packaging maybe be additionally payable and will be notified from time to time. Cash on Delivery facility is available only on a minimum order value of Rupees 499.
4.1. There maybe instances when due to typographical errors or technical reasons prices of Products may vary inadvertently. If you come across any errors in pricing or billing, we request you to contact us within 24 hours of receiving your order so that we may provide a remedy for the same.
4.1. During the payment process, through any of the payment channels provided on the Site, we are not responsible for losses or damage, if any, caused in connection with such transaction, including any losses caused by the payment gateway or due to drops in connection or duplication of orders due to double-ordering.
4.1. All valid credit / debit/ cash card/ and other payment instruments are processed using a credit card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between you and the respective issuing bank and payment instrument issuing company.
4.1. All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank which support payment facility to provide these services to you. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between you and the respective issuing bank.
5. CANCELLATION OF ORDERS
5.1. Cancellation by www.UNQfashion.com
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the Product. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order.
5.2. Cancellations by the Customer
In case of requests for order cancellations, the Site reserves the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire prepaid amount if any. A request for cancellation of order shall be valid and accepted only if it is made within 24 (twenty four) hours of placing the order on the Site and subject to it not being put into the process.
6. TERM AND TERMINATION
6.1. These Terms and Conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These Terms and Conditions, or any part of them, may be terminated by us without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and General, shall survive any termination.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 The Site including, without limitation, all software and content, contains copyrighted material, trademarks, registered domain names and other proprietary information (including, without limitation, images, photographs, music, text, incorporated into the Software and data).
7.2 The entire contents of the Site and each area contained therein are copyright protected as a collective work under the laws of India. We, our licensors and our or their respective affiliates, as the case may be, own copyright in the selection, coordination, arrangement and enhancement of such content. You acknowledge that we, our licensors and our or their respective affiliates, as the case may be, are and remain the owners of all right, title, and interest including copyrights and other intellectual property rights, in and to all materials posted on the Services or the Site and derivative works thereof, and that you do not acquire any of those ownership rights by accessing or posting such materials.
7.3 You hereby acknowledge and agree that you have no proprietary interest, moral rights, performer’s rights, copyright, or other intellectual property right in any account details, photographs uploaded, other content on the Site, or any other materials appearing in or generated by the use of the services. You further assure us that any such account details, photographs or other content provided by you are copyright free and do not infringe the intellectual property rights or privacy rights of any third party.
7.4 You further acknowledge that other users and viewers of the Site have the right to copy, use, read and paste the information or other material posted by you on the Site. Users may download / print / save copyrighted material for the User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of the Company and the copyright owner is permitted.
7.5 User shall not upload post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
8. SHIPMENT DETAILS
8.1 Products ordered to your address will be arranged to be delivered in the manner specified in an accepted order form. Title to the Products passes to you upon delivery to the carrier, and risk of loss passes to you upon delivery to your address.
8.2 The costs of shipping and handling will be shown on your purchase receipt. The estimated shipment dates will be communicated to you but we will not be held responsible for any delays in delivery due to events beyond our control, including shortage of materials, bad weather conditions earthquakes, floods, labour strikes, act of God, transportation failure, errors on account of the shipping or courier company or any other act of Force Majeure.
8.3 Returns will be dealt with only as per the returns policy posted on the Site at the time of acceptance of the binding order.
9.1 www.UNQfashion.com has also introduced a exclusive offer for its Customers labelled ONE and ONLY which allows exclusive first access to Customers for a particular design selected by the Customer from an exhaustive list made available by the Site. This unique feature ensures that once a design is selected and printed for You, we will remove it from our Site so that no other Customer gets access to it. The design will no longer be available for a second usage by any other Customer on the Site. However, the Customer ordering the ONE and ONLY Products shall have the exclusive privilege of ordering as many reprints of the same Product as they wish, subject to conditions listed below. Products falling in this category shall neither be returned nor the value thereof refunded except for any material damage or printing deficiency. Any reorder in One&Only shall be accepted only through the login Account of the original Customer. We have the sole discretion of refusing to undertake reorders if any fraudulent activity is detected in usage and operation of such account.
9.2 The designs available for One&Only are licensed from our licensors and shall be valid only for a limited period. The availability of such designs requested for reorder may be unavailable due to licensing restrictions. Any unauthorized use of such images shall be in violation of the licensing terms in the prevailing legal regime.
10. PROMOTIONAL OFFERS
10.1 We may from time to time introduce vouchers, offers and such other promotional schemes on the Site. The Terms and Conditions governing these schemes shall be specified while introducing these schemes. Provided that, in the event of any conflict between these Terms and Conditions and the specific terms and conditions of such schemes, the terms and conditions of the schemes shall prevail.
10.2 Vouchers, prizes or credits cannot be redeemed for cash.
10.3 Only one voucher can be redeemed against one order.
11. DATA AND PRIVACY PROTECTION
11.1 The Site uses personal data of the User for appropriate purposes and according to statutory regulations. The personal data given (i.e. name, e-mail address, mailing address, bank details) for ordering Products are used by the Site for fulfilment and handling of the contract. This data is treated confidentially by us and is not given to any third parties who are not part of the ordering, delivery and payment procedures. The Customer shall be entitled to access information on the personal data which the Site has saved about them free of charge. Moreover, they are entitled to the correction of incorrect data, and the blocking and deletion of their personal data, insofar as there is no legal obligation to retain such data. Our Site encrypts your credit card number and other personal information using Secure Socket Layer (SSL) technology to provide for the secure transmission of all data. Only those employees who need access to your information in order to perform their duties are allowed such access. Any employee who violates our privacy and/or security policies is subject to disciplinary action, including possible termination and civil and/or criminal prosecution.
12. LIMITATION OF LIABILITY
12.1 We shall not be liable for any special or consequential damages that result from the use of, or the inability to use, any browser based accessible and/-or downloadable materials including standalone software applications on this Site or the performance of the Products, even if we have been advised of the possibility of such damages. The Site is not responsible for individual interpretation of content/Product on the Site, nor is it responsible for actions taken by any individual or group as a result of use or interpretation of content/Product on this Site.
12.2 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:
- Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- Any loss of goodwill or reputation; or
- Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Terms and Conditions.
- Nothing in the Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees
12.3 We have taken every measure to provide accurate Product images for each product for sale on the Site. However, due to a number of different factors such as Internet browsers, monitor colour contrasts etc, varying screen resolutions, we cannot be held responsible or liable for any differences in colour between the image and the actual product.
12.4 We have taken every measure to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers.
12.5 We make no warranty that the Site will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Site. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Site.
13.1 You agree to indemnify, defend, and hold harmless Site and Company, its officers, directors, employees, agents, licensors (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
14. THIRD PARTY LINKS
14.1 In an attempt to provide increased value to our visitors, we may link to sites operated by third parties. However, we have no control over these linked sites, all of which have separate privacy and data collection practices. These linked sites are only for your convenience and therefore you access them at your own risk.
15. WARRANTY DISCLAIMER
15.1 We, our licensors and any of our or their respective affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sub-licensees, agents, franchisees or subcontractors (collectively, the "Parties") do not warrant any connection to, transmission over, or results or use of, any network connection or facilities provided (or failed to be provided) through the Site or Services.
15.2 You are responsible for assessing your own computer and transmission network needs, and the results to be obtained there from. From time to time, we may scan your computer to confirm it meets minimum system specifications and you hereby agree to provide information in connection with technical support issues including, without limitation, bug reports. You shall not upload files that contain viruses, Trojans, worms, cancel bots, corrupted files or data, or any other similar software or programs that may damage the Site, operation of the Services or other users' computer or that are designed to interrupt, destroy or limit the functionality of any computer resource. The site, services and software, and any other third-party services and products, are provided on an "as is" and "as available" basis for your use, without warranties or conditions of any kind, either express or implied, unless such warranties or conditions are legally incapable of exclusion under applicable law.
15.3 ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
16. ELECTRONIC COMMUNICATION
16.1 When you use the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, SMS or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
17.1 The integrity and security of information between you and our Site cannot be assured or guaranteed to the full extent. Likewise, we cannot and will not accept responsibility for the safe keeping, transmitting, and the overall security of information sent to and from our Site/server(s). The Customer, visitor, or any other person should take steps to ensure they are protected by relevant third-party software including, but not limited to, firewall software, anti-virus software, and other security protection software at all times. Failure to do so may result in adverse and undesirable effects to your computer as well as the potential loss and/or theft of sensitive information. Whilst efforts are made to reduce such risk on our server(s), the Customer, visitor, or any other person acknowledges that any information sent to or from our Site, is done so at their own risk.
18. ACCESS AND RESTRICTIONS
18.1 It is our objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any of the following reasons including but not limited to the following listed below.
- Maintenance and/or repair,
- Upgrades and enhancements,
- Server downtime/failure,
- Systems downtime/failure,
- Software corruption/failure.
We may, at our own discretion, prevent a customer, visitor, or any other person from gaining access to our Site through any means/technologies available at its disposal. Any person identified as a potential security threat or anyone who has attempted to claim/purchase goods in a fraudulent or dishonest manner will immediately have their IP address blocked.
19. USE OF SITE
19.1 Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Site or other licensed employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the site to solicit others to join or become members of any other commercial online service or other organization
19.2 The Site does not and cannot review all communications and materials posted to or created by Users accessing the Site, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the Site. However, the Site reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to us in our sole discretion. . You shall not violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the services or the software.
20.1 The Terms and Conditions are governed and shall be construed in accordance with the laws of India, without regard to their conflict of law provisions. By acceptance of these Terms and Conditions, you submit to the exclusive jurisdiction of the courts in Mumbai, India.
20.2 We may assign our rights or delegate or sub-contract our responsibilities under the Terms and Conditions in whole or in part, at any time and at our sole discretion. Our rights and obligations under these Terms and Conditions, including any waivers and limitations thereof, shall inure to the benefit of and shall be binding upon such assignees or sub-contractors.
20.3 Our performance of this agreement is subject to existing laws and legal process, and nothing contained in the Terms and Conditions is in derogation of our right to comply with any governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by with respect to such use.
20.4 If any part of the Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a similar valid, enforceable provision and the remainder of these Terms and Conditions shall continue in effect.
20.5 The Terms and Conditions, including the documents expressly incorporated by reference, constitute the entire agreement between you and us with respect to the Site and such agreements supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site. You represent that you have not relied on any such communications in choosing to accept the Terms and Conditions.
20.6 All notices given by you or required under the Terms and Conditions shall be in writing.All written notices shall be sent by any first class courier service to the Company’s registered office address.
20.7 The Terms and Conditions and all correspondence and all documentation relating to this agreement shall be in the English language.