TERMS & CONDITIONS

You (“you” or “End User” or “your” or “Buyer” or “Customer”) are required to read and accept all of the terms and conditions laid down in this Terms and Conditions (“Terms and Conditions” or “TERMS AND CONDITIONS” or “Terms” or “Agreement”) and the linked Privacy Policy, before you may use www.shop369.in (hereinafter referred to as “Site” or “Limerick” or “we” or “our”). The Site allows you to browse, select and purchase Clothing (“Goods” or “Products” or“Services”).

Your use of this website, www.shop369.in (hereinafter referred to as the “Site”) and its related sites, services and tools). These TERMS AND CONDITIONS are effective upon acceptance and govern the relationship between you and Limerick Designs, a company registered and maintained under section 58(1) and 59 of the Indian Partnership Act, 1932, respectivly, having its registered office at H16/6, Office No.10, 2nd Floor, DLF-1, Gurugram, Haryana 122002, India (hereinafter the “Company”) including the sale and supply of any Products on the Site. If this TERMS AND CONDITIONS conflicts with any other document, the TERMS AND CONDITIONS will prevail for the purposes of usage of the Site. If you disagree to be bound by this TERMS AND CONDITIONS and the Privacy Policy, you may not use the Site in any way. For the purposes of this TERMS AND CONDITIONS, the term ‘Acceptance’ shall mean your affirmative action in clicking on the ‘check box’ and on the ‘continue button’ as provided on the registration page or such other actions that imply your acceptance.

The Company may amend this Agreement and/or the Privacy Policy at any time by posting a revised version on the Site. All updates and amendments shall be notified to you via posts on the website or through e-mail. The revised version will be effective at the time we post it on the Site, and in the event you continue to use our Site, you impliedly agree to the revised TERMS AND CONDITIONS and Privacy Policy expressed herein.

In addition, if the revised version of this Agreement includes a Substantial Change, we will provide you with 30 days prior notice of such Substantial Change as per the Notification Preferences provided by you. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this Agreement. For the purpose of this Agreement, the term “Substantial Change” means a change to the terms of this Agreement that materially reduces your rights or increases your responsibilities.

Please read these terms and conditions carefully. These terms & conditions, as modified or amended from time to time, are a binding contract between the company and you. If you visit, use, or shop at the site (or any future site operated by the company, you accept these terms and conditions). In addition, when you use any current or future services of the company or visit or purchase from any business affiliated with the company or third-party vendors, whether or not included in the site, you will also be subject to the guidelines and conditions applicable to such service or merchant. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will prevail.

If this Terms and Conditions conflicts with any other document, the Terms and Conditions will prevail for the purposes of usage of the Site. As a condition of purchase, the Site requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. You Can opt out of our promotional emails anytime by clicking the UNSUBSCRIBE link at the bottom of our email correspondences. Please see our Privacy Policy for further details. We shall not be held responsible in any manner with respect to any promotional emails or SMS/MMS sent to you. The offers made in those promotional emails or SMS/MMS shall be subject to change at the sole discretion of the Company, and the Company owes no responsibility for providing you with any information regarding such change. By placing an order, you make an offer to us to purchase products you have selected based on standard Site Restrictions and the terms and conditions stated below. You are required to create an account to buy any product from the Site. This is necessary so we can provide you with easy access to print your orders and view your past purchases.

Description of Services
On the Site, We provide users with access to clothing that can be purchased at the price mentioned on the site.

General
This Agreement sets forth the terms and conditions that apply to the User's use of the Site. By using this Site, the User agrees to comply with all of the TERMS AND CONDITIONS hereof. The right to use the Site is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of their password(s), if any. The User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events beyond the company's control. The Company shall not be responsible for any data lost while transmitting information on the Internet. While it is the Company’s Objective to make the Site accessible 24 hours per day, seven days per week, the Site may be unavailable from time to time for any reason, including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of the Company, access to the Site may be interrupted, suspended or terminated from time to time. The Company shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Company may discontinue disseminating any portion of information or category of information, which may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

Membership Eligibility
Use of the Site is available only to persons who can form legally binding contracts under the Indian Contract Act 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents, etc., are not eligible to use the Site. If you are a minor, i.e. under the age of 18 years, you cannot register as a member of the Site and shall not sell, purchase or bid for any items on the Site. As a minor, if you wish to purchase or sell an item on the Site, such purchase or sale may be made by your legal guardian who has registered as a user of the Site. We reserve the right to terminate your membership and refuse to provide you with access to the Site if it is brought to our notice or if it is discovered that you are under the age of 18 years.

Your Account
Considering your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes false, inaccurate, not current or incomplete), or We Have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate your account and refuse any current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, including cases when it is being used by any of your family members, friends or relatives, whether a minor or an adult. You further agree to accept responsibility for all transactions made from your account, and any dispute arising from any misuse of your account, whether by any family member, friend, relative, any third party or otherwise, shall not be entertained by the Company. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify us immediately of any unauthorised use of your account or any other security breach. We reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion. Access to and use of password-protected and/or secure site areas is restricted to authorised users only—unauthorised individuals attempting to access these site areas may be subject to prosecution.

Your Information (or any items listed)
“Your Information” is any information you provide to us or other Site users in the registration process, in the feedback area, on the bulletin board, in chat service, etc., or through any email feature. You are solely responsible for Your Information, and in accordance with certain features of the Site, we may only act as a passive conduit for the online distribution and publication of Your Information.
The text in the following paragraphs is inserted by the Information Technology(Intermediaries guidelines) Rules 2011. Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011, in case of non-compliance with rules and regulations, Agreement, and privacy policy for access or usage of intermediary computer resources, the Intermediary has the right to immediately terminate the access or usage rights of the users to the intermediary's computer resources and remove non-compliant information.
You shall not host, display,upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that: (a) belongs to another person and to which You does not have any right to; (b) is grossly harmful, harassing,blasphemous, defamatory, obscene, pornographic, paedophilic, libellous,invasive of another’s privacy, hateful, or racially, ethnically objectionable,disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (c) harm minors in any way;(d) infringes any patent, trademark, copyright or other proprietary rights (e) violates any law for the time being in force; (f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonate another person; (h)contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. (j) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; The Site may provide Users with the ability to send email messages to other Users and non-users and to post messages on the Site. We are not obligated to review any messages, information or content (“Postings”) posted on the Site by users and assume no responsibility or liability relating to any such Postings. Notwithstanding the above, We may, from time to time, monitor the Postings on the Site and may decline to accept and/or remove any email or Postings that violate the provisions of this Clause and Solely to enable us to use the information you supply us with, you agree to grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights(but no other rights) you have in Your Information, in any media now known or not currently known, concerning Your Information. We will only use Your Information in accordance with this Agreement and/or our Privacy Policy.

Equipment
The User shall be responsible for obtaining and maintaining telephone, computer hardware and other equipment needed to access and use the Site and all charges related thereto. The Company shall not be liable for any damages to the User’s equipment resulting from using the Site.

Colours
While we have made every effort to display as accurately as possible the colours of the products that appear on the Site, we cannot guarantee that your monitor or screen display of any colour will be completely accurate, as computer monitors and screens of electronic devices vary.

Electronic Communications
When you use the Site or send emails or other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records. You consent to receive communications via electronic records from us periodically and as and when required. We will communicate with you by email or electronic record on our Site, which will be deemed adequate service of notice / electronic record.

License and Site Access
We grant you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorised hypertext links to the Site and the framing of any Content available through the Site Uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You must refrain from bypassing any measures we use to prevent or restrict access to the Site. Any unauthorised use by you shall terminate the permission or license we granted you.

Links
The Site or third parties may provide links to other World Wide Web sites or resources. Because we have no control over such Sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.

Pricing
Prices and availability are subject to change without 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. Pricing is subject to our pricing policy, and prices shall be determined only at our sole discretion.
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number you provided during the time of registration or cancel the order and notify you of such cancellation. If we accept your order, it shall be debited from your credit card account. The payment may be processed before we dispatch the product that you ordered. If we cancel the order after processing the payment, the amount will be reversed and sent to your credit card account. No refunds shall be applicable on the orders made by the User under the Cash on Delivery (“COD”)option.

Cancellation by Us
Please note that there may be specific orders that we cannot 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, or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the amount will be reversed and added to your card account.

Cancellations by the User
In case of requests for order cancellations, we reserve the right to accept or reject requests at our discretion. As part of usual business practice, if we receive a cancellation notice and the order has not been processed/approved, we shall cancel the order and refund the entire amount. A request for order cancellation shall be valid and accepted only if made within 24 hours of placing the order on the Site. We will not be able to cancel orders that have already been processed or orders for which a cancellation request is made after the expiry of 24 hours of placement of the order. We have the full right to decide whether an order has been processed or not. The User agrees not to dispute our decision and accepts our decision regarding the cancellation.

Customisation
The basic silhouette cannot be altered.
Customisation will be accepted in terms of adding a plain sleeve, covering a sheer part, measurements, and changing colour. Any additional embroidery will be done on a chargeable basis. The customer will be notified of the charges before processing the order. All customisation will be subject to availability. All custom-made orders will be non-refundable/exchangeable. Www.shop369.inhas the right to cancel or withdraw the customisation at any given point of time without any prior notice. For further queries or clarifications, please write to us at namaste@shop369.in

Fraudulent /Declined Transactions
We may constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or who are availing of our services fraudulently shall be liable for legal actions under applicable law, and we reserve the right to recover the cost of goods, collection charges, and lawyer's fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions that breach these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, We reserve the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds. As a merchant, we 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 on Account Of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

Credit Card Details
You agree, understand, and confirm that the credit card details you provided for availing of services on the Site will be correct and accurate. You shall not use a credit card not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to us. Further, the said information will not be utilised and shared by us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any credit card fraud. The liability for fraudulent use of a card will be on you, and the onus to ‘prove otherwise’ shall be exclusively on you.

Disclaimer of Warranty
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. ALL WARRANTIES, IF ANY, RELATING TO THE PRODUCT AND SERVICES WOULD BE PROVIDED BY THE MANUFACTURER/SUPPLIER OF SUCH PRODUCT AND NOT BY US. ANY CLAIM ABOUT THE SAME SHOULD BE RAISED AGAINST THE RESPECTIVE MANUFACTURER/SUPPLIER AND NOT AGAINST US IN ANY CASE WHATSOEVER. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN US, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE OR A USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, OPPORTUNITY, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, SALE AND SUPPLY OF GOODS CONTENT OR ANY RELATED/UNRELATED SERVICES AND OTHER SERVICES OFFERED ON THE SITE FROM TIME TO TIME.

Billing
The price of our merchandise includes GST. The GST charged shall depend upon the destination where the order has to be shipped. The tax rate applied to the order will be the combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. We reserve the right to collect taxes for shipping charges wherever applicable.

All international orders, i.e. Shipped outside India directly by us, are shipped on a DDU (Delivery Duty Unpaid) basis, which means product prices displayed are exclusive of all import duties, and there may be local duties and taxes incurred on your order depending on the destination country. You may be required to pay these import duties and taxes to the courier on delivery. Please get in touch with your local customs office for further information. We hold or can not be held responsible for any duties or taxes levied by the regional / destination authorities.

Duration of Sale
Each sale lasts 24 to 72 hours only, and the beginning time is 1100 IST. Therefore, it is the customer’s responsibility to log in earlier if they want to avail themselves of better products or styles because our sales are “first come, first served.” The merchandise is not restocked once it is sold out. No information regarding the presence of any product in our stock will be given, and we will alert you only when an item is sold out.

Delivery
We endeavour to but do not guarantee the delivery of the products to users within 3-4 weeks from the day of the close of the sale, depending upon the shipping location. Other factors include delays in delivery through the courier partner, transporters’ strike, etc. If you fail to take delivery of the goods, we may charge you for the additional shipping cost at our discretion.
Please note we insure each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. Suppose you have selected a third-party recipient for delivery purposes (for example, as a gift). In that case, you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by us of our obligation and transfer of responsibility in the same way. Kindly note that we aim to dispatch all orders within 24 or 48 hours during sale periods. Estimated delivery times are to be used as a guide only and commence from the dispatch date. We Are not responsible for any delays caused by third-party delivery agencies and/or due to time required for statutory clearances during the delivery process.

Further, we may at times be unable to deliver the confirmed order(s) to you, and the reason for the same could be inclusive of but not limited to the following:

(i) Unavailability of the relevant product;
(ii) Poor/improper/defective quality of the relevant product ascertained through our quality audit process; and
(iii) Inaccuracies or errors in product or pricing information. In the event of any circumstance(s) as aforementioned, you shall not be entitled to any damages or monetary compensation.

In the event, we are unable to deliver the confirmed order(s) as mentioned hereinabove, and you have paid for such order(s) through your credit/debit card, the amount you paid while placing the order(s) on the Site will be reversed back into your card account.

Trademarks
The trademarks, logos and service marks (“Marks”) displayed on the Site are our property and the property of the respective persons. Users are prohibited from using any Marks for any purpose whatsoever without our prior written permission or any third party that may own the Marks. All information and content, including any software programs available on or through the Site (“Content”), is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of the Company protected by copyright as a collective work under the applicable copyright laws. The Company owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the original content. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or exploit any content in whole or in part. Users may not 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. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she/it does not acquire ownership rights by downloading copyrighted material. Trademarks That are located within or on the Site or a website otherwise owned or operated in conjunction with the Company shall not be deemed to be in the public domain but rather the exclusive property of the Company, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of the Company unless otherwise stated.

Arbitration
If any dispute arises between you and the Company during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement and the Privacy Policy or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by the Company. The place of arbitration shall be Delhi NCR. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.