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Terms & Conditions

Welcome to UYP! These terms and conditions (hereinafter, “the Terms”) outline the agreement between you (referred to as “You” or “your”) and UYP (referred to as “us,” “our,” “we,” or “the Vendor”). The Terms govern the use of this website and establish the rights and obligations for both users and UYP concerning the goods/services offered through this platform, collectively known as the “UYP Services.”

Before finalizing your order by clicking the “Confirm Order” button, please take the time to carefully review these Terms and our Privacy Statement. Your use of this website or the placement of an order indicates your acceptance and agreement with these Terms and the Privacy Statement. If you do not agree with any part of the Terms or Privacy Statement, we kindly ask you not to proceed with placing an order. Please check this page regularly to take notice of any changes we may have made to the Terms of Service.

The domain name avaliacouture.com  is a site operated by UYP Apparels Pvt. Ltd., a company incorporated under laws of India with our registered office at Western Express Highway, Survey No. 120, Lijjat Papad Building, opp. Hotel Prasad International, Mira Road East, Maharashtra 401104  (“UYP”).

USE OF OUR WEBSITE
These terms exclusively govern the use of this website, superseding all other conditions, unless expressly agreed upon in writing by the vendor. Crafted to establish a legally binding agreement, these terms are crucial in delineating the rights and responsibilities between you, our esteemed customer, and us as a business. By placing your order, you wholeheartedly accept these terms, signifying that you have thoroughly read and comprehend them. 

You agree that: 

  1. You may only use the website to make legitimate inquiries or orders.

2. You will not make any speculative, false or fraudulent orders. If we are reasonable of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.

3.  You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you if this should prove necessary (see our Privacy Statement).

4. If you do not give us all of the information that we need, we may not be able to complete your order.

5. Selling, trading, or transferring your UYP account to another party is strictly prohibited. 

SERVICE AVAILABILITY
Our offerings on this website are exclusively accessible in the following country: INDIA.

HOW THE CONTRACT IS ESTABLISHED
the information presented in the terms and on this website is not an offer for sale but an invitation to treat. A contractual agreement for any products is only established once we accept your order. In the event that we do not accept your order, and if funds have already been deducted, a full refund will be issued.

To place an order, you need to follow the online shopping process and click the “Place Order” button to submit your order. Following this, you’ll receive an email acknowledging the receipt of your order (the “Order Confirmation”). 

The brand reserves the right to verify the authenticity of the order via call or email. In the event of customer dissatisfaction, concerns about authenticity, or a lack of response, the brand holds the right to cancel the order.

AVAILABILITY OF PRODUCTS
All product orders are contingent upon availability. In cases of supply difficulties or unavailability due to stock depletion, we retain the right to provide information on substitute products of equal or superior quality and value that you may choose to order. If you opt not to proceed with substitute products, any payment made will be refunded.

REFUSAL OF ORDER
We maintain the right to withdraw any products from this website, modify or delete any materials or content, at any time. While we strive to process all orders diligently, exceptional circumstances may arise, leading to the refusal to process an order even after sending an order confirmation. This decision is solely at our discretion.

We shall not be held liable to you or any third party for withdrawing any product from this website, regardless of its sale status, altering or removing materials or content on this website, or declining to process or accept an order after issuing the order confirmation. 

YOUR RIGHT TO CANCEL
If you’re a consumer, you have the right to cancel a contract before the goods are dispatched. In such cases, you’ll receive a full refund in accordance with our Returns Policy. The return of a gift/credit coupon is subject to the conditions outlined in the Gift Card’s terms of use.

Cancellation is applicable only to products returned in their original condition, inclusive of all instructions, documents, and wrappings. Damaged products or those not in the same condition as received, or showing signs of wear beyond opening, will not be eligible for a refund. Hence, it’s essential to exercise reasonable care while the products are in your possession.

Please note that certain products are exempt from cancellation rights, including customized items and products with removed tags and original wrappings.

DELIVERY
Subject to availability, and unless exceptional circumstances arise, we strive to fulfill your order for the products specified in the Order Confirmation by the mentioned delivery date.

Possible reasons for delivery delays may include unforeseen circumstances or delivery areas outside our network scope. 

UNABLE TO DELIVER
In the event of three unsuccessful delivery attempts, as per our carrier’s standard practice, the carrier will make contact using the provided telephone number. If the parcel remains undelivered and unclaimed, it will be returned to the brand, and a refund will be issued for prepaid orders. 

RISK AND TITLE
The risk associated with the products transfers to you upon delivery. Ownership of the products is only transferred to you upon receipt of full payment, including delivery charges, or upon delivery, whichever occurs later.

Our practice includes sealed box packaging. Customers are encouraged to refuse parcels with damaged, tampered, open, or soiled packaging. Such refusals must be communicated in writing to info@avaliacouture.com. In such cases, the brand will arrange to dispatch new merchandise (if available in stock) or issue a refund for prepaid registered orders.

Upon accepting the parcel and ensuring its condition, the brand relinquishes responsibility for the goods and their condition once they are in the customer’s possession.

COUPONS AND VOUCHERS
The issuance of promotional coupons and gift vouchers is at the brand’s discretion. Users may be disqualified under the terms governing the distribution of coupons and vouchers.

During Sale promotions or End of Season Sales, coupons and gift vouchers will be disabled. However, any existing coupons can be used after the conclusion of the promotion or sale.

The use of coupons and vouchers is subject to the terms set by UYP and may be withdrawn at any time. 

PRICE AND PAYMENT
While we make every effort to ensure the accuracy of prices on our website, errors may occur. If we identify a pricing error after you’ve placed an order, we will promptly inform you. You’ll then have the option to reconfirm the order at the correct price or cancel it. If we cannot reach you, the order will be treated as canceled, and if payment has already been made, a full refund will be issued.

We are not obligated to sell the product(s) to you at the incorrect (lower) price, especially if the pricing error is an obvious typographical or arithmetic mistake that could have reasonably been recognized by you.

Displayed prices on our website include taxes

UYP bears no responsibility for any disputes arising from transactions by third parties using your account/email provided to the Company or payments made by your credit card through any third party.

We reserve the right to refuse bulk or high-value orders and to modify price and availability information without notice. 

CHECKOUT PROCESS 
After completing your shopping, the items are added to your cart. The next step is to go through the checkout process and click on “Complete Payment.”

Here’s how:

  1. Register/Login.
  2. Click the “CART” button at the top right of the page.
  3. Select the “Checkout” button.
  4. Verify your personal details and billing address
  5. Select your payment method.
  6. Click on “Place Order”.

You can pay using any Indian cards, and you can use a gift card or credit voucher issued by UYP to pay all or part of the order. The charge is made when we confirm the order.

By clicking “Place Order” you confirm that the card belongs to you or that you are the legitimate holder of the gift card or credit voucher card.

Card payments are subject to validation checks and authorization by your card issuer. Failure to obtain the required authorization absolves us of liability for any delay or non-delivery. 

LIABILITY AND DISCLAIMERS
Our liability in connection with any product purchased through our website is strictly limited to the purchase price of that product.

Nothing in these terms shall exclude or limit in any way our liability:

  • For death or personal injury caused by our negligence;
  • For fraud or fraudulent misrepresentation;
  • For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability. 

Subject to the foregoing paragraph and the fullest extent permitted by law, and unless otherwise stated in these terms, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including (without limitation) for any:

  • Loss of income or revenue;
  • Loss of business;
  • Loss of profits or contracts;
  • Loss of anticipated savings;
  • Loss of data; and
  • Waste of Management or office time.

Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website.

All product descriptions, information and materials posted on this website are provided “as is” and without warranties express, implied or otherwise howsoever arising.

To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind.

Nothing in this will affect your statutory rights as a consumer, or your Contract cancellation rights.

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 untrue, inaccurate, not current or incomplete), or UYP has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, UYP has the right to suspend or terminate your account and refuse any and all 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 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 exit from your account at the end of each session. You agree to notify UYP immediately of any unauthorized use of your account or any other breach of security. UYP reserves the right to refuse service, terminate accounts or remove or edit content at its sole discretion.

INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us or our licensors. This does not prevent you from using this website to the extent necessary to make a copy of any order or contract details. 

WRITTEN COMMUNICATIONS
Applicable laws mandate that certain information or communications sent to you must be in writing. By using our site, you acknowledge that communication with us will primarily be electronic. We will contact you via email or provide information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication, acknowledging that all contracts, notices, information, and other communications provided to you electronically comply with legal requirements. This condition does not affect your statutory rights.

NOTICES
All notices from you to us should be sent to info@avaliacouture.com, unless otherwise specified. We may give notice to you at the email or postal address you provided when placing an order.

Notice is deemed received and properly served immediately upon mailing to us, 24 hours after an email is sent, or three days after the posting date of any letter. To prove the service of any notice, it suffices to show, in the case of a letter, that it was correctly addressed, stamped, and posted. In the case of an email, proof lies in the email being sent to the specified email address of the addressee.

TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between you and us binds you, us, and our respective successors and assigns.

You may not transfer, assign, charge, or otherwise dispose of a Contract or any of your rights or obligations under it without our prior written consent.

We reserve the right to transfer, assign, charge, sub-contract, or otherwise dispose of a Contract or any of our rights or obligations under it at any time during the term of the Contract. Importantly, any such transfer, assignment, charge, or disposition will not affect your statutory rights as a consumer or cancel, reduce, or otherwise limit any warranty or guarantee provided by us to you, whether express or implied.

EVENTS OUTSIDE OUR CONTROL
We are not liable for any failure or delay in performing our obligations under a Contract due to events beyond our reasonable control (a “Force Majeure Event”).

A Force Majeure Event includes acts, events, non-happenings, omissions, or accidents beyond our reasonable control, including (but not limited to):

  • Government Lockdown
  • Strikes, lock-outs, or other industrial action.
  • Civil commotion, riot, invasion, terrorist attack or threat, war, or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disasters.
  • Impossibility of using public or private transport.
  • Acts, decrees, legislation, regulations, or restrictions of any government.
  • Shipping, postal, or other relevant transport strikes, failure, or accidents. 

Our performance under any Contract is suspended during a Force Majeure Event. We’ll make reasonable efforts to end the event or find a solution allowing Contract performance despite the Force Majeure Event.

SERVICEABILITY
If any provision of these Terms or a Contract is deemed invalid, unlawful, or unenforceable by a competent authority, that provision will be severed from the remaining terms, conditions, and provisions. The rest will continue to be valid to the fullest extent permitted by law.

ENTIRE AGREEMENT
These Terms and any referenced documents constitute the entire agreement between you and us regarding the subject matter of any Contract. They supersede any prior agreement, understanding, or arrangement, whether oral or written.

Both parties acknowledge that, in entering this Contract, neither has relied on any representation, undertaking, or promise from the other, except as expressly stated in these Terms.

OUR RIGHT TO VARY THESE TERMS
We reserve the right to revise and amend these Terms. You are subject to the Terms in force at the time of ordering products unless changes are required by law or governmental authority, in which case they apply to previously placed orders.

PROHIBITIONS
Misuse of the website is prohibited, including:

  • Transmitting harmful data.
  • Posting content promoting harm or hatred.
  • Transmitting junk mail or spam.
  • Promoting illegal activities.
  • Posting unsolicited promotional content.
  • Distributing copyrighted material without consent.

REGISTRATION & SECURITY
Upon registration, a confirmation email is sent. You’re responsible for maintaining password confidentiality and account security. UYP is not liable for losses from failure to comply.

LINKING TO THE WEBSITE
You may provide links to our homepage but should not suggest association with us. Links must not cause legal or reputation damage.

LAW AND JURISDICTION
Contracts are governed by Indian law. Disputes will be subject to the non-exclusive jurisdiction of Mumbai courts. Consumer statutory rights are unaffected.

FEEDBACK
Comments and feedback are welcomed at info@avaliacouture.com.

MARKETING COMMUNICATION
Accepting newsletter subscriptions allows sending promotional content via newsletters, SMS, emails, WhatsApp, etc. Users give consent despite the National Do Not Call Registry, and it doesn’t qualify as Unsolicited Commercial Communication under TRAI guidelines.