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Terms and Conditions
Welcome to the MyUniqueCart.com and online store by Himalaya Unique Lifestyle. In using the service of MyUniqueCart.com. you are deemed to have accepted the Terms and Conditions listed below. All products/services and information displayed on MyUniqueCart.com constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the Terms and Conditions as listed below. Himalaya Unique Lifestyle reserves the right to accept or reject your offer.
- By placing an order, you make an offer to us to purchase products you have selected based on standard Site restrictions, Merchant specific restrictions, and on the Terms and Conditions stated below.
- You must have to create an account to purchase any of product from our site. This will give you easy option to view or create past or new order.
- This Agreement sets forth the Terms and Conditions that apply to the use of the Site by you. To using our Site, you must agrees to comply with all of the Terms and Conditions hereof. The right to use the Site is Individual to you, is not transferable to any other person. You must be responsible for protecting the confidentiality of your password.
- You acknowledges that, although the internet is almost a safe, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the internet. The Company's aim to make the Site accessible 24 x 7, the Site may be unavailable from time to time for 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 to change or discontinue any aspect or feature of the Site.
Details of Services
- In the Site, MyUniqueCart.com provides users with access to sales of handmade Kullu Shawls, stoles and other fashion items. (the "Service").
Changes in Terms and Condition
- You may not have more than one account. Additionally, you are prohibited from selling, trading, or otherwise transferring your MyUniqueCart.com account to another party. If you don’t qualify, you may not use the Service or our Site. If you are registering as a business entity, you may represent that you have the authority to bind the entity to this User Agreement.
- 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 MyUniqueCart.com you agree to be bound by the Terms and Conditions. The Company owns no responsibility in any manner over any dispute arising out of transactions by any third party using your account/e-mail provided by you to the Company or payments made by your credit card by any third party.
Your Account is your responsibility
- Using MyUniqueCart.com 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 MyUniqueCart.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MyUniqueCart.com has the right to suspend or terminate your account and refuse any and all current or future use of the Site.
- If you use the Site MyUniqueCart.com, 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 out of 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 logout from your account at the end of each session. You agree to notify MyUniqueCart.com immediately of any unauthorized use of your account or any other breach of security. MyUniqueCart.com reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
License and Site Access
- MyUniqueCart.com grants you a limited license to access and make personal use of the Site and the Service. Any downloading or copying doesn’t allowed by this license for the benefit of another vendor or any other third party; caching, unauthorized 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; 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 MyUniqueCart.com’s sole discretion) an unreasonable or disproportionately large load on MyUniqueCart.com’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by MyUniqueCart.com to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by MyUniqueCart.com.
Cancellation by MyUniqueCart.com
- Sometimes there may be certain orders that we are unable to accept and must be cancelled. We reserve the right 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 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 said amount will be reversed back in your Card Account. Any type of voucher used in these orders shall be pushed back into your account in case of cancellation by MyUniqueCart.com.
Cancellations by the Customer
- In case of requests for order cancellations, MyUniqueCart.com 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 amount. A request for cancellation of order shall be valid and accepted only if they are made within 24 hours of making the order on the Site. We will not be able to cancel orders that have already been processed or orders for which request for cancellation is made after the expiry of 24 from making the order. MyUniqueCart.com has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by MyUniqueCart.com and accept MyUniqueCart.com's decision regarding the cancellation. In the event of cancellation of order by the customer MyUniqueCart.com shall not refund the voucher, if any used against such order.
Fraudulent /Declined Transactions
- Fraud detection team constantly monitors your account in order to avoid fraudulent accounts and transactions. You have more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and MyUniqueCart.com reserves the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the Site fraudulently. MyUniqueCart.com reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these Terms and Conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, MyUniqueCart.com reserves the right to immediately delete such account and dishonor all past and pending orders without any liability. For the purpose of this clause, MyUniqueCart.com shall owe no liability for any refunds. You can view all vouchers issued to them under the "My Basket" section after making selection of the minimum purchase value.
Credit or Debit Card Details
- You agree, understand and confirm that the credit or debit card details provided by you for availing of services on MyUniqueCart.com will be correct and accurate and you shall not use the credit or debit card which is not lawfully owned by you, i.e. in a credit or debit card transaction, you must use your own creditor debit card. You further agree and undertake to provide the correct and valid credit or debit card details to MyUniqueCart.com. Further the said information will not be utilized and shared by MyUniqueCart.com with any of the third parties unless required for fraud verifications or by law, regulation or court order. MyUniqueCart.com will not be liable for any credit or debit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
- MyUniqueCart.com does not claim ownership of any materials you make available through the Site. At MyUniqueCart.com’s sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant MyUniqueCart.com a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including text, images, music or video) to which you do not have the full right to grant the license specified.
- When you use the Site or send emails to MyUniqueCart.com, you are communicating with MyUniqueCart.com electronically. You consent to receive communications from MyUniqueCart.com electronically. MyUniqueCart.com 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.
Site-Provided Email and Postings
- The Site may provide you with the ability to send email messages to other customers and non-customers and to post messages on the Site. MyUniqueCart.com is under no obligation to review any messages, information or content ("Postings") posted on the Site by you and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, MyUniqueCart.com may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain:
- Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
- Advertisements or solicitations of any kind.
- Impersonate others or provide any kind of false information.
- Personal information such as messages which state phone numbers, account numbers, addresses, or employer references.
- Messages by non-spokesperson employees of MyUniqueCart.com purporting to speak on behalf of MyUniqueCart.com or containing confidential information or expressing opinions concerning MyUniqueCart.com.
- Messages that offer unauthorized downloads of any copyrighted or private information.
- Multiple messages placed within individual folders by the same customer restating the same point.
- Chain letters of any kind.
- Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to
- Using MyUniqueCart.com invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact;
- Using the Site to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and
- Sending messages to distribution lists, newsgroup aliases, or group aliases.
Limitation of Liability
- You expressly understand and agree that MyUniqueCart.comand its subsidiaries, affiliates, officers, employees, agents, partners 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 MyUniqueCart.com 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 website from time to time.
- The Site or third parties may provide links to other World Wide Web sites or resources. Because MyUniqueCart.com has no control over such sites and resources, you acknowledge and agree that MyUniqueCart.com is not responsible for the availability of such external sites or resources, and does not endorse and is 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 MyUniqueCart.com 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
Dispute Resolution for Coupons
- MyUniqueCart.com may provide deals pertaining to any services and the same shall be redeemed by you through coupons sold through the Site. The Coupons sold through the Site may be in the form of vouchers. In case any query pertaining to the use of Coupon/Deals, you should notify or submit a request within 15 days from the date of purchase of the Deal or Coupon. MyUniqueCart.com will investigate and take reasonable steps to resolve and assist you. If you fail to contact us within a period of 15 days, your order shall be deemed to be accurate and you hereby waive any right to dispute the order with MyUniqueCart.com. The Company can decline to entertain requests after due consideration.
Prior appointment before using a Coupon/Deal
- You needs to take prior appointment before using a Coupon. MyUniqueCart.com shall not be responsible in any manner in the event of late materialization of Deal to you arising out of your failure to obtain prior appointment pertaining to delivery/performance of such goods as envisaged in the Coupon/Deal. The time period for such prior appointment shall as mentioned in the Coupon/Deal and you shall be required to adhere to such time period.
Information in case of lost, stolen, misused or mutilated Coupon
- You must notify MyUniqueCart.com immediately if the Coupon is lost, stolen, mutilated, not received or if you suspects that the Coupon is being used without his/her consent. In the case of loss or theft of the Coupon, you must call us on +91 8261066668 during our hours of operation or email us at firstname.lastname@example.org. MyUniqueCart.com on the receipt of this information will act per its standard operating procedures. If the lost Coupon is subsequently received by you, it should be destroyed and must not be used. Only the replacement/new Coupon issued by MyUniqueCart.com can be used.
- You agree to indemnify and hold MyUniqueCart.com (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, including but not limited to reasonable attorneys' fees, or arising out of or related to your breach of this Terms and Condition, or your violation of any law or the rights of a third party.
Access to Password Protected/Secure Areas
- Access to and use of password protected and/or secure areas of the Site is restricted to authorized you only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Modifications and Notification of Changes
- Sending an email to the email address associated with your account. MyUniqueCart.com is not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add the Site to the list of domains approved to send you email (commonly known as your "whitelist"); and
Copy Right and Trademarks
- The trademarks, logos and service marks ("Marks") displayed on the Site are the property of MyUniqueCart.com and other respective persons. MyUniqueCart.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of MyUniqueCart.com or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to MyUniqueCart.com or third party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of MyUniqueCart.com. You cannot modify, distribute or re-post anything on this website for any purpose.
- The MyUniqueCart.com names and logos and all related product and service are the trademarks or service marks of MyUniqueCart.com. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software.
- All software used on this Site is the property of MyUniqueCart.com or its suppliers and protected by Indian and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by MyUniqueCart.com ,one of its affiliates or by third parties who have licensed their materials to MyUniqueCart.com and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of MyUniqueCart.com and is also protected by Indian and international copyright laws.
- The price of our merchandise is inclusive of the VAT. The vat 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. MyUniqueCart.com reserves the right to collect taxes for shipping charges wherever applicable.
Returns and Exchange
- MyUniqueCart.com may accept returns on apparel for account credit only. For this purpose MyUniqueCart.com must receive the merchandise within 14 days from the date it was shipped to you. Items must be unused, unworn, unwashed and undamaged by you. Goods will be returned only if they are returned in their original packaging, including: hangers, poly bags, hang tags on garments, shoe boxes, dust bags, eye glass cases and gift boxes. No returns, refunds or exchanges will be accepted on Accessories, Beauty and Fragrances, Home Decor, Handbags, Hosiery, Intimates, Jewelry, Leather Goods, Swimwear, Sunglasses, Vintage, Wallets and Watches as these items are for final sale only. We do not provide refund on any goods sold. Goods once sold can only be exchanged for replacement or a store credit if they meet our Terms and Conditions. Since we keep limited inventory and do not always have all sizes available and under such circumstances the amount paid by you can be used by you whenever you shop with us next time. All conditions applicable to return of goods shall also apply to exchange of goods.
- To return an item, the customer must write to us at email@example.com, a prompt response is assured to such mails. Alternatively, the customer may even call at our customer care number +91 8261066668 which remains open 9:00 AM - 6:00 PM IST on Monday to Saturday. If you are not satisfied with the product received by you for any reason you may have the option to exchange and at the sole discretion of MyUniqueCart.com receive a refund. Himalaya Unique Lifestyle is not liable for any damages caused to the Product during transit. Our Terms and Conditions pertaining to returns and exchange can be accessed through the following link and we hereby assume that the same has been read and agreed by you.
Redemption of Credit and Vouchers
- Referral Vouchers/Free Shopping Vouchers:
- Store Credit Vouchers:
In case of returns/exchange, MyUniqueCart.com shall only provide store credit to the You if the requested return/exchange could not be performed. For the purpose of this clause, return/exchange shall be applicable only on apparels and footwear. You shall be provided with store credits upon the completion of the return/exchange process. These credits can be used for your next purchase and can be used multiple times in any denominations till they are exhausted. However, these credits cannot be redeemed as cash. Also visit our clause pertaining to the refund/exchange policy.
The Abovementioned voucher/credit cannot be used in parts and has to be used as a whole only. Only one voucher/credit is allowed per transaction.
Offer and Schemes/Voucher Redemption
- MyUniqueCart.com reserves the right to change/modify/add/delete any of the Terms and Conditions prevailing on the different promotional schemes (including to refer-a-friend and other types of vouchers) it introduces in market from time to time. MyUniqueCart.com at its discretion can withdraw a particular scheme from the website or market. In case of any query please contact us on firstname.lastname@example.org .
MyUniqueCart.com Offer, Schemes and Contest
MyUniqueCart.com shall introduce various offers, schemes or contest ("Contest") at different times. The Terms and Conditions for such Contest shall be separately available on the Site. In the event of any conflict between these TERMS AND CONDITION and the Terms and Conditions pertaining to any Contest, such Terms and Conditions shall prevail.
While participating in the MyUniqueCart.com 's Contest you hereby agree to release and hold MyUniqueCart.com (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, including but not limited to reasonable attorneys' fees, or arising out of or related to your participation in the said Contest.
- MyUniqueCart.com works with different type of suppliers (Manufacturers, distributors, importers etc.) and the delivery time to customers is subject to delivery of products from supplier to MyUniqueCart.com. MyUniqueCart.com endeavors but does not guarantee to deliver the products to customers within 3-4 weeks from the day of close of sale depending upon the shipping location. Other factors include delay in delivery through the courier partner, transporters' strike etc. MyUniqueCart.com reserves the right to make delivery of the goods by installments. If the goods are to be delivered in installments, each delivery will constitute a separate contract. You may not treat the contract (as a whole) as repudiated if MyUniqueCart.com fails to deliver any one or more of the installments or if you have a claim in respect of any one or more of the installments. If you fail to take delivery of the goods, MyUniqueCart.com may at its discretion charge you for the additional shipping cost. Our Terms and Conditions pertaining to the delivery of the Products can be accessed through the following link and we hereby assume that the same has been read and agreed by you.
- Further, MyUniqueCart.com 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) failure of the concerned manufacturer/supplier/importer to deliver relevant product to MyUniqueCart.com; (iii) poor/improper/defective quality of the relevant product ascertained through our quality audit process; and (iv) 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, monetary compensation, redeemable vouchers and/or store credits.
- In case MyUniqueCart.com is unable to deliver the confirmed order(s) as mentioned hereinabove and the payment for such order(s) has been made by you through your credit/debit card, the amount paid by you while placing the order(s) on the Site will be reversed back in your card account. No refunds shall be applicable on the orders made by the Customer(s) under the Cash on Delivery ("COD") option.
Termination and Survival of Terms after Agreement Ends
- The Company has right to terminate this Agreement at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate any passwords or accounts in the event of any conduct by you which the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by the You of this Agreement. Notwithstanding any other provisions of this Terms and condition, or any general legal principles to the contrary, any provision of this terms and condition that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Terms and condition.
- If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time MyUniqueCart.com may offer special promotional offers which may or may not apply to your MyUniqueCart.com account. To avail of such promotional offers, you agree to be bound by any additional Terms and Conditions for these special offers which are laid down by MyUniqueCart.com.
- This Terms and condition and the relationship between you and Himalaya Unique Lifestyle will be governed by the laws as applicable in India. Any disputes will be handled in the competent courts of Shimla, Himachal Pradesh, India. The failure of MyUniqueCart.com 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. MyUniqueCart.com does not guarantee it will take action against all breaches of this Terms and condition. Except as otherwise, expressly provided in this Terms and condition, there shall be no third-party beneficiaries to this Terms and condition. This Terms and condition constitutes the entire agreement between you and Himalaya Unique Lifestyle and governs your use of the Site, superseding any prior agreements between you and Himalaya Unique Lifestyle with respect to the Site.