GENERAL TERMS AND CONDITIONS OF PURCHASE AND USE

  1. INTRODUCTION

This document establishes the general terms and conditions that govern the use of this website, www.ushnaks.com , hereinafter referred to as “website” and the purchase of products listed on it (hereinafter referred to as the “Terms and Conditions”). We urge you to read the Terms and Conditions, and Privacy Policy carefully before using this website. When using this website or placing an order on it, you are bound by these Terms and Conditions and our Privacy Policy. If you disagree with the Terms and Conditions and with the Data Protection Policies, please do not use this website. We reserve the right to modify the Terms and Conditions at any time and/or upon chance of circumstances. It is your responsibility to read them periodically, as the Terms and Conditions at the time of using the website or concluding of the relevant Contract of Sale shall be those that apply. If you have any query regarding the Conditions or the Privacy Policy, you may contact us by using the contact form or by writing to us at [email protected]

For the purpose of these Terms and Conditions, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Website by providing data while registering on the Website as Registered User. The term “Ushnaks”, “We”, “Us” and “Our” shall mean Ushnak Mal Mool Chand and its affiliates.

  • OUR DETAILS/ABOUT US

Kindly mention all your details along with Shop Name, Address, Number and E-mail ID. Also mention Proprietor(s) Name and relevant details. GSTIN

  • YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE

The information or personal details that you provide on the website shall be processed in accordance with our Privacy Policy. When you use this website, you agree to the processing of the information and details, and you state that all information and details provided by you are true to the best of your knowledge. If you use the website, you shall be responsible for maintaining the confidentiality of your Account Details including the Password as created on this website, and you shall be responsible for all activities that occur under your Display Name and Account. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete, we shall have the right to indefinitely suspend or terminate or block access of your membership on the website. You agree to immediately notify us of any unauthorized use / breach of your password or account

  • USE OF OUR WEBSITE
  • When you use this website and place orders on it, you agree to use this website to make enquiries and place legally valid orders only.
    • We may cancel any order that classifies as ‘Bulk Orders’/’Fraud orders’, as per the criteria mentioned below, at any stage of the processing the Order. An order may be classified as ‘Bulk Order’/’Fraud Order’ if it satisfies the below mentioned criteria, and any additional criteria as may be defined:
      • Products ordered are not for self-consumption but for commercial resale
      • Multiple orders placed for same product at the same address, depending on the product category
      • Bulk quantity of the same product ordered
      • Invalid address given in order details
      • Any malpractice used to place the order
      • Any order paced using a technological glitch/loophole.
    • Please provide us with your e-mail address, postal address and/or other contact details truthfully and accurately. You also agree that we may use this information to contact you in the context of your order if necessary.
    • When you place an order on this website, you state that you are over the age of 18 and are legally competent to enter into binding contracts.
  • SERVICE AVAILABILITY

Delivery service for the articles offered on this website is available in India and USA, UK & European Union, UAE, Canada, Australia, New Zealand, South America, & all other african countries as well.

  • FORMALISING THE CONTRACT

To place an order, you must follow the online purchasing procedure and click on “Authorise payment”. After doing so, you will receive an e-mail confirming receipt of your order (the “Order Confirmation”). You will be informed via e-mail that the order is being sent (the “Shipping Confirmation”). These Conditions and the Contract constitute a written agreement between us.

  • TECHNICAL MEANS TO CORRECT ERRORS

In case you detect that an error has occurred while entering your personal data during your registration as a user of this website, you can modify the same in the section “My Account”. The website offers details of all the items you have added to your shopping cart during the purchase process, so that before making the payment, you can modify the details of your order. If you detect an error in your order after the completion of the payment process, immediately contact/notify at the telephone or e-mail address above.

  • AVAILABILITY OF PRODUCTS

All product orders are subject to availability. In case there are difficulties regarding the supply of products or there are no more items left in stock, item would be sold out.

8.1 COLOUR AND FABRIC DISCLAIMER

The colours of products you see on the computer screen/other devices will vary slightly from those of the actual product. This is because of the difference in underlying technologies of computer screens/any other device and nature of fabrics. Screens that are not properly calibrated also add to the difference in colours. In addition, the lighting used while taking photographs of products also factor in the final colour shown on the screen.

  • REFUSAL TO PROCESS AN ORDER

We reserve the right to remove any product from this website at any time and to remove or modify any material or content from the same. Although we will always do everything possible to process all orders, there may be exceptional circumstances that may make processing of an order, impossible even after having sent the Order Confirmation. We reserve the right to do so at any time. We shall not be liable to you or to any third party for removing any product from this website, or for removing or modifying any material or content from the website or not processing an order once we have sent the Order Confirmation, in the event of any exceptional circumstance inducing such action.

  1. DELIVERY

Notwithstanding provisions contained in Clause 8 above regarding product availability and except for extraordinary circumstances, we endeavour to send the order consisting of the product(s) listed in each Delivery Confirmation prior to the date indicated in the Delivery Confirmation in question or, if no delivery date is specified, in the estimated timeframe indicated when selecting the delivery method and, in any case within a maximum period of 7-9 working days, from the date of the Order Confirmation.

Nonetheless, there may be delays for reasons such as the occurrence of unforeseen circumstances in the delivery zone. If for any reason we are unable to comply with the delivery date, we will inform you of that situation and we will give you the option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid (Sundays and Public Holidays?). For the purpose of these Conditions, the “delivery” shall be understood to have taken place or the order “delivered” as soon as you or a third party indicated by you acquires physical possession of the goods, which will be evidenced by the signing of the receipt of the order at the delivery address indicated by you.

  1. INABILITY TO DELIVER

If it is impossible for us to deliver your order, we will attempt to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse. We will also leave a note explaining where your order is located and what to do to have it delivered again. If you will not be at the place of delivery at the agreed time, we ask you to contact us to organize delivery on another day. If after  2-4 days from the date your order is available for delivery, the order could not be delivered for reasons not attributable to us, we shall assume that you wish to cancel the Contract and it will be terminated. As a result of the termination of the Contract, we will refund to you all payments received from you, including delivery charges (except for any additional charges resulting from your choice of any delivery method other than the ordinary delivery method that we offer) without any undue delay, and at any rate, within 30 days of the date on which this Contract has been terminated.

(Kindly let me know if there is damage/mishandling/loss on part cod courier, then what are the step to be taken, I will incorporate it in the Terms and Conditions)

  1. TRANSMISSION OF RISK AND OWNERSHIP OF THE PRODUCTS

The products shall be under your responsibility from the moment of delivery to you as outlined in provisions of Clause 10 as above. You will take ownership of the products when we receive full payment of all amounts due, including delivery charges, at the moment of delivery.

  1.  PRICE AND PAYMENT

The price of the products will be as stipulated at all times on our website, except in the case of a technical error. Although we make every effort to ensure that the prices featured on the website are correct, errors may occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and all amounts paid will be refunded to you in full. We are not obliged to provide you with any product at the incorrect lower price (even when we have sent the Shipping Confirmation) if the error in the price is obvious and unmistakable and could have reasonably been recognized by you as an incorrect price. The prices on the website include Goods and Service Tax (GST), duties and cesses but exclude delivery charges, which are added to the total price of the product upon Ordering of Product(s).

Prices may change at any time. However, except as stipulated above, the changes shall not affect the orders for which we have sent an Order Confirmation. Once you have selected all articles that you wish to buy, they will be added to your basket. The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. Also, if you are a registered user, a record of all the orders placed by you is available in “My Account” area.

You may use, as payment method, debit or credit cards, with Visa, Mastercard, American Express and Rupay, or by Bank transfer such as mobile or internet banking or by UPI. To minimise the risk of non-authorised access, your credit card/ debit card/ net banking (mobile or internet) details will be encrypted. The payment will be due and payable immediately at the time of placing of the order. When you click “Authorise payment”, you are confirming that the mode of payment used is yours. Credit cards and debit cards are subject to verification and authorisation by the card issuing entity. If the entity does not authorise the payment (either by credit card/debit card/bank transfer), we shall not be liable for any delay or failure to deliver and we will be unable to conclude any Contract with you. In case any payment made upon placing of order subsequently bounces back or is not duly reflected in our Accounts, the order shall stand cancelled.

INVOICE

Invoice will be provided to you on your registered e-mail address and a hard copy along with the products when delivered to you.

  1. TAXES

The orders placed are pursuant to the prevailing rules and regulations in force in India at the time of purchase. All purchases are subject to all applicable taxes including but not limited to GST, duties, cesses, etc.

  1. EXCHANGE/RETURN POLICY

Purchased products (except thaan fabrics) can be returned or exchanged within 7 days of receiving the order. Orders are subject to Customs and Duty charges, payable by the recipient and you may be requested to pay duty charges prior to exportation of your order from India by our delivery agent.

  • Customised products cannot be returned or exchanged
  • Sarees once finished with fall and hemming will not be returned or exchanged
  • The item(s) must be in original condition, with the original packaging and with all tags
  • Item(s) must not have been worn, washed or altered in any way
  • Please take care when trying on garments, as we cannot accept garments that have make up stains or garments that smell of perfume
  • Returns that do not meet our policy will not be accepted and will be sent back to the customer.
  • Fabrics once cut from the thaan, cannot be returned or exchanged.
  • The amount for items once bought will not be refunded. You can either exchange the product or we will give you a credit note which can be used to buy another product.
  • Ushnak Mal Mool Chand will be taking the responsibility for the costs of returning the goods. Once you communicate your desire for a return/exchange we will be emailing you the return notes and labels.
  • Our delivery representatives from your country will come to pick up the goods along with the papers we will send via e-mail once a return request is made, we insist you keep the items properly packed for the pickup. In the rare instance that we’re unable to send a representative to your assigned address, you may have to drop the package to a local post office.
  • Please follow our return guidelines, Ushnak Mal Mool Chand shall not be held liable for the loss of garments being returned independently, we recommend that you use our registered shipping method so that the order can be tracked.
  • Return Adress: Ushnak Mal Mool Chand G-3, South Extension Market Part-1, New Delhi-110049
  • (Kindly let me know what else you want to incorporate/delete in the Exchange/Return Policy)
  1.  LIABILITY AND WAIVING LIABILITY, STATUTORY CONSUMER RIGHTS

Unless otherwise indicated expressly in these Conditions, our liability regarding any product acquired on our website shall be limited strictly to the price of purchase of said product. Notwithstanding the above,

  • All products ordered from this website will be of satisfactory quality, fir for their intended purposes, and will conform to the description given
  • You shall have remedies in case the product delivered to you is agreed to be defective in so far as the defect is of a manufacturing nature. These remedies include repair, return and refund to the tune of purchase price in full along with delivery charges
  • You have the choice of a full refund if the defective product cannot be repaired or replaced

Due to the open nature of this website and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of this website, unless otherwise indicated expressly on this website. All product descriptions, information and materials shown on this website are provided “as is”, with no express or implied warranties on the same, except those legally established.

In this sense, if you are contracting as a consumer or user, we are obliged to deliver goods that are in conformity with the Contract, being liable to you for any lack of conformity which exists at the time of delivery

  1. INTELLECTUAL PROPERTY

The Website and all of its content, including but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio are the intellectual property of Ushnak Mal Mool Chand. All content is provided by Ushnak Mal Mool Chand as a service to its current and potential customers and may be used for personal use and for purchasing purposes. You are authorised to print a copy of any information contained on this Website for personal use unless such printing is expressly prohibited. Without limiting the foregoing, you may not, without our written permission, sell information obtained from this Website. You shall not copy, alter, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, or otherwise exploit this Site or any of its content without our prior written permission. You shall not use this Website, or any of its content, for any commercial purposes, including any advertising or advertising revenue generation activity on your own website. Any unauthorised copying, alteration, distribution, transmission, performance, display, or other use of these materials is prohibited. Any infringement of the Intellectual Property of Ushnak Mal Mool Chand shall warrant legal action against them.

  • ELECTRONIC COMMUNICATION

The applicable regulations require that some of the information or notifications that we send to you be in written form. By using this website, you agree that most of the communication with us will be electronic. We will contact you by e-mail or we will provide you information by posting alerts on this website. For contractual purposes, you agree to use this electronic means of communication and accept that all contracts, notifications, information and other communication that we send you electronically complies with the legal requirements of providing it in writing.

  • JURISDICTION

The use of our website and the product purchase contracts through said website shall be governed by the laws of India. Any controversy that arises or is related to the use of the website or said contracts shall be subject to the exclusive jurisdiction of the Indian courts at Delhi, India. If you are entering into the contract as a consumer, nothing in this Clause shall affect the statutory rights you have, as recognised in any applicable legislation in this area.

  • EVENTS BEYOND OUR CONTROL

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

  1. Strike, lockout or other forms of protest.
  2. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
  3. Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
  4. Inability to use trains, ships, aircraft, motorised transport or other means of transport, public or private.
  5. Inability to use public or private telecommunication systems.
  6. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
  7. Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.
  8. Delay and/or failure to supply due to Lockdown or Curfew imposed due to Epidemic, and consequences thereof

It shall be understood that our obligations deriving from Contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Contract despite the situation of Force Majeure. You shall nonetheless have an option to cancel the order within reasonable time.

  1. WAIVING RIGHTS

The lack of requirement on our part for strict compliance on your part with any of the obligations assumed by you by virtue of a Contract or of these Conditions or a lack of exercising on our part of the rights or actions that correspond to us by virtue of this Contract or of the Conditions shall not constitute the waiving or limitation of said rights or actions, nor exonerate you from fulfilling said obligations. The waiving on our part of a specific right or action shall not constitute the waiving of other rights or actions derived from the Contract or from the Conditions. The waiving on our part of any of these Conditions or of the rights or actions derived from the Contract shall not take effect unless expressly stipulated that it is a waiving of rights and is formalised and notified to you in accordance with the provisions of the Notifications section above.

  • PARTIAL ANNULMENT

Should any of these Conditions or any provision of a Contract be declared null and void by us, the remaining terms and conditions shall remain in effect without being affected by said declaration of annulment.

  • OUR RIGHT TO MODIFY THESE CONDITIONS

We have the right to review and modify these Conditions at any time. You are subject to the policies and Conditions in effect at the moment in which you use this website or place each order, except when by law or decision of governmental entities we must make changes retrospectively to said Terms and Conditions or Privacy Policy. In this case the possible changes will also affect orders made previously by you.