Offer and Acceptance

The Customer agrees to these T&C by accessing this Website. All commercial/contractual terms are offered by and agreed to between Customers and JPW Homeware Creations Private Limited (Unica) alone.

Unica may include additional or conflicting terms and conditions of sale in the product listing or product description as made available on the website ('Additional Terms of Sale'). If there is any conflict between the T&C and the additional terms of sale, the additional terms of sale shall take precedence to the extent of such conflict and in relation to that sale.

Unica may at any time modify the Terms and Conditions for use of the Website without any prior notification to the customers. If a customer does not agree with the T&C he/she is advised not to buy or attempt to buy any product listed on the Website. However, if the customer continues to use the service, he/she shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Website.

Limitations:

Services associated with the Website would be available to only select geographies as solely determined by Unica.

Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 as detailed in the Privacy Policy are not eligible to use the Website. Unica shall not be held directly or indirectly liable for any damages arising from the customer’s or any 3rd party’s misuse or violation of the Terms & Conditions of the Unica site and the future mobile apps, and any other related policies associated with the Website.

Unica does not implicitly or explicitly endorse or advertise the products and associated brands on the Website. References on this Website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to the Customer and do not in any way constitute or imply to be Unica’s endorsement, sponsorship or recommendation of the third party, information, product or service

Intellectual Property Rights (IPR):

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, UNICA owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks and all intellectual property rights in all text, programs, images, products, processes, technology, content and other materials, which appear on this Website and mobile apps. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of Unica’s or any third party's intellectual property rights.

Apart from the brands / Intellectual Property Rights (IPR) owned by Unica, all other trademarks/ brands displayed on the Website are the property of their respective brand owners and displayed on the Website with prior consent by Unica.

Unica hereby allows the Customer to only access the website for personal use and not to download or modify any portion of it. This website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Unica.

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Website on or by this Site or otherwise disclosed, submitted or offered in connection with the use of this Website (collectively, the "Feedback") shall be and remain the property of Unica. Such disclosure, submission or offer of any Feedback on the Website shall constitute an assignment to Unica of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Feedback by the Users.

Representation:

Unica does not make any Representation or Warranty as to specifics (such as Product claims, manufacturer’s product liability, etc.) of the Products proposed to be sold or offered to be sold or purchased on the Website

All offers of sale of a Product are governed by the description and specifications of the Product, terms of warranties provided by the respective manufacturer/brand owners (as applicable) in addition to these Terms and Conditions. In the event a manufacturer/brand owner (as applicable) is providing any warranty, details of such warranty will be specified on the relevant Product webpage on the Website or made available along with the Product. Such warranties are provided by manufacturer/ brand owner (as applicable) and will be fulfilled by the manufacturer/ brand owner (as applicable).

Warranty:

With respect to the sale of Product by Unica to the Customer, Unica hereby represents and warrants to the Customer that:

• Uncia has the right to sell the Products to the Customer through the Website;
• Customer shall have and enjoy quiet possession of the Products on completion of sale;
• Customer shall be entitled to all the warranties and other collaterals applicable to the Product or as generally made available by the manufacturer or brand owner of the Product;
• Unica has made every effort to display the Products that appear on the Website as accurately as possible. However, any deviance in appearance in actual product cannot be held against Unica.

The Customer hereby represents and warrants to Unica:

That the Customer is accessing the Website and transacting at his/her sole risk and is using his/her best informed and prudent judgment before entering into any transaction through this Website.

Customer will use the Website for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Website.

Customer will provide authentic and true information in all instances where such information is requested by Unica. Unica reserves the right to confirm and validate the information and other details provided by the customer at any point of time.

If upon confirmation the Customer’s details are found not to be true (wholly or partly), Unica has the right in its sole discretion to reject the registration and debar such customer from accessing the Website without prior intimation whatsoever.

The address at which delivery of the product ordered by the Customer is to be made will be correct and proper in all respects. Customer is completely responsible and liable for the correctness of delivery address details in this regard.

That before placing an order customer will check the product description carefully. By placing an order for a product, he/she agrees to be bound by the conditions of sale included in the item's description.

Pricing Information:

All the products listed on the Website will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. All prices are inclusive of GST unless stated otherwise.

Unica may sometimes offer Buy 1 Get 1 products at half price each or less than half price each.

Delivery of the Product:

Home Delivery:

Please note that for all home deliveries, Unica may charge a delivery fee. This delivery fee will be added to the billed amount at the time of checkout, while placing the order online.

In case there is a delay in delivering the order to customers – either due to Unica’s own internal reasons or due to customer’s unavailability – Unica is not obligated to compensate the customers for the inconvenience. Customers are liable to pay the entire amount of the order before the time of delivery.

Unica reserves the sole right to compensate the customers for any inconvenience caused. A decision to compensate customers for any inconvenience is at the sole discretion of Unica and could happen only through digital payments. Any compensation paid by Unica will be a separate transaction done through digital payment transfer. Customers cannot deduct any agreed compensation amount from the order amount.

Customer agrees to pay the entire order amount (net of any returned items) in full at the time of delivery. Exceptions cannot be made in any circumstances.

Tentative Time for Delivery:

The typical time that is required to process order is 72 hours from receiving the order online. Please note all items (including gifts) will be shipped with an invoice mentioning the price. There is no guaranteed dispatch time and any information about the dispatch time is estimate only and should not be relied upon as such. Therefore, time is not the essence of the bi-partite contract between the Customer and Unica for purchase and sale of Product through the Website.

Unica will make its best efforts to service all customer orders accurately and on time. However, if in certain pressing situations (including force majeure), we are unable to fulfill an order we will not recompense the customer for the delay or the non-delivery of the orders.

Payment:

The Product shall not be delivered to the Customer unless the Customer makes the payment of the purchase of Product. In making available any of the payment methods on the Website, Unica will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly because of:

• Lack of authorization for any transaction/s, or
• Exceeding the preset limit offered by participating banks, or
• Any payment failure arising out of the transaction, or
• Decline of transaction for any other reason/s

Payments may be made by Net banking/ Debit Card/ credit card by using Master Card, Visa, and American Express or you may also choose to opt for payment through cash on delivery. In the event of you making payment through net-banking, debit or credit card the order will be confirmed only upon receipt of authorization from your bank. The safety of your Credit Card information is of paramount importance to us. At the time of payment our website will automatically direct you, to an encrypted secure payment gateway to process your payment. We do not store any credit card information and your payment details are automatically encrypted when you enter them. Once your bank authorizes the payment made by you, we shall process and confirm your order.

Cancellation:

The Customer understands and agrees that the offer for sale of the Product by Unica is not an absolute or an unconditional offer. Such offer to sale by Unica is subject to repudiation by Unica at any time before the delivery of the Product to the Customer, without any obligation to assign or provide any reason for such repudiation, and without any consent from the Customer, and without any liability or any obligation towards the Customer.

Set-off:

In case the Customer has availed any benefit in relation to the Product for which the order has been cancelled by the Customer, he/she agrees and authorizes Unica to recover such benefits from the Customer or set-off the same from any refunds to the Customer.

Return and Refund of Products: Product related complaints for refund or replacement are subject to Refund and Return Policy available at Return Policy. Customer and Unica unconditionally agree that they are governed by the Return Policy.

The return process of a Product may be subject to additional terms depending on the nature and category of the Product. Any such additional terms may be specified on the Website or be intimated by Unica at the time of purchase of the Product.

Termination of Usage

We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.

Force Majeure

In case of force majeure the agreement can either be considered as judicially cancelled or in the alternate the delivery time(s) can be extended with the currency of the force majeure provided that neither the customer nor Unica shall be entitled to any compensation. Unica considers force majeure as: war, mobilization, terror acts, blockade stagnation of work, transport obstructions, measures of commercial policy, new or amended legislation, pandemic, epidemic, lockdown, strikes, the non-delivery of the goods by suppliers to Unica, natural catastrophes and any circumstances, events and circumstances that are beyond our control.

Indemnification

You agree to indemnify, defend and hold harmless Unica and its affiliates and their partners, employees, agents, service providers, third party vendors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorney’s fees and court costs, arising or resulting from your use of the website and any violation of these Terms of Use. If you cause a technical disruption of the website or the systems transmitting the website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorney’s fees and court costs, arising or resulting from that disruption. Unica reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Unica in the defense of such matter.

Website Access

You may not download (other than page caching) or modify the Website or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Website or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Website or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Unica or its Associates without our express, prior written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express, prior written consent

Report Abuse

As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to sales@myunica.in.

Online Conduct

You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, giving rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an author chat or online review), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the website. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the website; or (iii) to protect the rights or property of Threads and Shirts, its partners, associates, our users and customers and/or you.

We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the website, website users, our customers or any rights of Threads and Shirts or any third party. Notwithstanding the foregoing, neither Unica nor its Partners or Associates can ensure prompt removal of questionable Content after online posting. Accordingly, neither Unica, nor its Partners or Associates assume any liability for any action or inaction with respect to conduct, communication, or Content on the website.

Links

We are not responsible for the content of any sites that may be linked to or from the Website or any bulletin board associated with us or the Website. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Website are independent from us, and we have no control over the content of that other website. In addition, a link to any other web site does not imply that we endorse or accept any responsibility for the content or use of such other website

In no event shall any reference to any third party or third-party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.

Inaccuracies and Typographical Errors

The information on the Unica website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you.

Governing Law and Jurisdiction

By agreeing to these terms and conditions you agree that in case of any dispute you will be governed by the laws of India without reference to conflict of laws principles and exclusive jurisdiction lies with the court of Mumbai.

Limitation of Liability

Unica shall not be liable for any special, incidental, direct or consequential damages in connection to terms of use, even if the concerned user has informed in advance about the possibility of damages.

The Website is provided on an "AS IS," "as available" basis. Neither UNica, nor its Partners or Associates warrant that use of the Website will be uninterrupted or error-free. Neither Unica, nor its Partners or Associates warrant the accuracy, integrity, or completeness of the Content provided on the website or the products or services offered for sale on the website. You expressly agree that your access to, viewing of, browsing, visiting or use of the Website is at your sole risk.

Further, Unica shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond our control.

The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

The products on our Website are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.

Under no circumstances shall Unica or its Partners or Associates be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to the website, or any other website you access through a link from this website or from any actions we take or fail to take as a result of communications you send to us, or the delay or inability to use the website, or for any information, products or services advertised in or obtained through the website, including but not limited to reliance by a user on any information obtained at the Website, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Threads and Shirts records, programs or services.

You also agree and undertake not to reverse engineer, modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that Unica’s name is stated as the source and prior written permission from us is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if an authorized representative of Unica has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Products, Content, merchandise and services available through the website.

You specifically acknowledge and agree that neither Unica nor its suppliers shall be liable for any defamatory, offensive or illegal conduct of any user of the website. Your sole and exclusive remedy for any of the above claims or any dispute with us is to discontinue your use of the website.

Customer Access:

Unica may deny customers access to the site at any time and may do so immediately without notice. Such denial of access will be without any liability to Unica.

Disclaimers

Unica reserves the right to limit the quantity of any given product that a customer can purchase.

Unica, at all times, will make its best efforts to ensure that the information (pricing, images, description, color and other defining attributes of the product) about products is accurate. However, in cases where we might inadvertently publish inaccurate information, we will take corrective actions but reserve the right to cancel the order.

Unica does not take responsibility for any inconvenience or interruption of a customer’s browsing experience arising out of connectivity issues. Unica also does not guarantee 100% availability of our service. From time to time, owing to maintenance activity, our service will be unavailable – during which time we will be unable to service your orders.

Effected Date

October 31, 2020