Terms and Conditions
1. Membership Eligibility : Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of UniShop and receiving the products purchased by you, you agree to be bound by these Terms and Conditions.
2. Cancellation : Cancellations by UniShop Please note that there may be certain orders that we are unable to fulfill and will have to be cancelled. 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 include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is cancelled after your payment is received by us said amount will be refunded back to you.
Cancellation requests by the Customer
We will process the cancellation only if the customer is contacting from the registered mobile number or email. In case we receive a request for cancellation and the order has not been processed/approved by us, we shall cancel the order and refund the entire amount. We will not be able to cancel orders that have already been processed and shipped out by merchant. UniShop has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by UniShop and accept UniShop decision regarding the cancellation.
3. You Agree and Confirm : That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by UniShop for redelivery shall be claimed from you.
That you will use the services and products provided by UniShop, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the services or products provided by UniShop. That you are accessing the services of UniShop and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction with UniShop. That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
4. Governing Law and Jurisdiction : This User Agreement and the Terms and Conditions shall be construed in accordance with the applicable laws of India. The Courts at New Delhi shall have exclusive jurisdiction in any proceedings arising out of this agreement.Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by UniShop and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Mumbai.
The High Court of judicature at Mumbai alone shall have the jurisdiction and the Laws of India shall apply.
5. Modification of Terms & Conditions of Service : UniShop may at any time modify the Terms & Conditions of Use of the site without any prior notification to you. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.
6. Indemnity : You agree to defend, indemnify and hold harmless UniShop, its employees, directors, officers, online franchisees and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to UniShop or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
7. Termination : This User Agreement is effective unless and until terminated by UniShop. UniShop may terminate this User Agreement at any time and may do so immediately without notice. Such termination will be without any liability to UniShop. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered or affect any liability that may have arisen under the User Agreement.
8. Limitation of Liability and Disclaimers : To the fullest extent permitted under applicable law, UniShop or its affiliates / merchants / suppliers shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with any transaction with UniShop, its services or this User Agreement.
Without prejudice to the generality of the section above, the total liability of UniShop to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by you.
9. Entire Agreement : If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified
herein, this agreement constitutes the entire agreement between you and UniShop with respect to the services and products of UniShop and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and UniShop and its authorized Online Selling Agent with respect to the products and services of UniShop. UniShop's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.