Buyer Terms and Conditions

In this contract:

‘We’, ‘us’ or ‘our’ means Three Guards Clothing Pvt. Ltd, an Indian company with number U74900MH2016PTC274294 and whose registered aliress is at 402 Hamilton Court, Tagore Road, Santacruz (West), Mumbai – 400 054, India; and ‘You’ or ‘your’ means the person using our site to buy goods from us. If you are under 16 you must obtain permission from your parent or guardian before you register on or buy anything from this site. We reserve the right only to accept orders from people over 18.

1. Introduction

1.1 In this contract ‘We’, ‘us’ or ‘our’ means

1.2 If you buy goods on our site you agree to be legally bound by this contract.

1.3 You may only buy goods from our site for non-business reasons.

1.4 This contract is only available in English. No other languages will apply to this contract.

2. Ordering goods from us

2.1 Below, we set out how a legally binding contract between you and us is made.

2.2 You will need to register on the site with information about yourself which is accurate, current and complete. The password you provide should be kept secure and you must notify us of any breach of security or unauthorised use of your account.

2.3 You place an order on the site by aliing your selected item(s) to the shopping bag and proceeding to checkout. Items in your shopping bag are not reserved and may be purchased by another customer. Please read and check your order carefully before submitting it.

2.3.1 When you place your order at the end of the online checkout process (i.e. when you click on “Pay”), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.

2.3.2 We may contact you to say that we do not accept your order. This is typically for the following reasons:

(a) the goods are unavailable;

(b) we cannot authorise your payment;

(c) you are not allowed to buy the goods from us;

(d) we are not allowed to sell the goods to you;

(e) you have ordered too many goods; or

(f) there has been a mistake on the pricing or description of the goods.

2.3.3 We will only accept your order when we email you to confirm this (Confirmation Email). At this point:

(a) a legally binding contract will be in place between you and us; and

(b) we will dispatch the goods to you or inform you of the estimated dispatch date.

3. Delivery

3.1 Once you have placed an order, this cannot be cancelled at any stage. The contract is completed on receipt of the order.

3.2 We will deliver your purchases using the delivery method that you select during the checkout process.

3.3 The estimated date for delivery of the goods is set out in the Confirmation Email (see clause 2.3.3). This date is an estimate only and we do not guarantee to deliver the goods on that date.

3.4 We require that all deliveries are signed for by a person at the delivery aliress. You agree that delivery takes place when the goods are signed for at the delivery aliress and the signature of the person at the delivery aliress is conclusive evidence that the signed-for goods have been delivered to you at that aliress.

3.5 If nobody is available to take delivery, please contact us using the contact details at the top of this page to arrange an alternative delivery.

3.6 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:

3.6.1 let you know;

3.6.2 cancel your order & contract; and

3.6.3 give you a refund.

3.7 We may deliver your goods in instalments.

4. Payment

4.1 We accept the following payment methods: Visa, MasterCard, American Express, Visa Debit, Visa Delta, Electron and PayPal. We do not accept any other method of payment.

4.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

4.3 Your credit card, paypal account or debit card will be charged at the time of placing the order on the website.

4.4 The price of the goods is in the currency shown at the checkout. You are responsible for any charges that your payment card provider may apply for making payment in that currency.

4.5 The price of the goods does not include the price of delivery, which will be shown separately at the checkout and on the Confirmation Email.

4.6 If the shipping aliress of your goods is in India the price of the goods includes sales tax and duties.

4.7 If the shipping aliress of your goods is outside India the price of the goods does not include sales taxes, import duties or other levies, and you will be responsible for paying those. In some cases payment of those charges may be necessary in order to release your goods from customs.

5. Nature of the goods

5.1 While we try to make sure that all weights, sizes and measurements set out on the site are accurate, there may be small differences between the weights, sizes and measurements of goods shown on the website and the actual goods we supply.

5.2 While we try to make sure that the colours of our goods are displayed accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you use.

5.3 Many of our garments are hand finished or hand embroidered. By their nature these garments may exhibit small irregularities and may vary from examples shown on the website; this is not a manufacturing fault. Garments featuring hand embroidery or hand finishing or incorporating fabrics such as chiffon and georgette are by their nature susceptible to pulls and rips and are not designed for hard wearing.

5.4 The packaging of the goods may be different from that shown on the site.

5.5 All products offered for sale on Our website are sourced from various individual sellers, who register on Our website to sell their products. We physically evaluate all products prior to listing. The condition of the product as displayed on the website is based on our evaluation which is entirely at our discretion.

5.6 Our product authentication process is independently conducted in-house by Our team. Brands identified: (i) are not involved in the authentication of the products being sold through the website, and (ii) do not assume responsibility for any products purchased from or through the website. Brands sold on or through the website are not partners or affiliates of Us in any manner. However, We fully cooperate with brands seeking to track down the source of counterfeit items, which may include, when required by court order or directive of law enforcement, revealing the contact information of sellers submitting counterfeit goods. We may also, when required by court order or directive of law enforcement, reveal to brands the contact information of sellers submitting products that have been challenged as infringing, unapproved, suspicious, potentially stolen, or offered for sale in an unauthorized geographic market.

6. Returns or Exchanges

6.1 This clause 6 sets out the only circumstances in which we will accept returns or offer refunds for goods. We will not accept returns or offer refunds for goods unless they not be as described.

6.2 If your goods are not as described, when they are delivered you may request to return the goods to us. Email: [email protected].

6.3 If the Buyer believes that the Buyer has received a counterfeit item, the Buyer must alert REVIVIFY by e-mail within seventy-two (72) hours, following receipt of the Product and may return the Product to REVIVIFY in order to secure a refund, save in case of fraud on their part. Email: [email protected].

6.4 If the Product complies partly with its description, REVIVIFY may, at the option of the Buyer, either (i) offer a discount in the Price, or (ii) cancel the Order and refund the Buyer.

6.5 If the Buyer and REVIVIFY agree over a Price discount, the discount may take the form of a store credit, or a payment that is credited to the original payment card or the PayPal account of the Buyer (as the case may be).

6.6 If you return the goods to Us, We will issue a 100% refund to the original payment card or the PayPal account of the Buyer (as the case may be).

7. End of the contract

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

8. Limit on our responsibility to you

8.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for:

8.1.1 losses that:

(a) were not foreseeable to us when the contract was formed; or

(b) that were not caused by any breach on our part

8.1.2 indirect, incidental, special, consequential, or exemplary damages or for damages or for loss of profits, goodwill, or any other intangible loss (even if we have been advised of the possibility of such damages)

Except for any legal responsibility that we cannot limit in law (such as for death or personal injury), our whole liability to you in connection with your purchase will be limited to the amount that you paid us for the goods and delivery.

9. Governing law

This Agreement, or the breach thereof, and all claims of any kind relating to or arising out of this Agreement and the relationship between You and REVIVIFY, whether tort, contract, or statutory, will be governed exclusively by the laws of India.

We will try to resolve any disputes with you quickly and efficiently. If you want to take court proceedings, the courts of India will have exclusive jurisdiction in relation to this contract. Indian law will govern this contract and any claims or disputes arising out of or in connection with it (including non-contractual claims and disputes).

10. Content

“Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this site. We try to ensure that the information on this site is accurate and complete. But we do not promise that our Content is accurate or error-free. We cannot guarantee that our content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the internet ensure they have up to date virus checking software installed. Your use of the site and its content grants no rights to you in relation to any intellectual property rights relating to the Content All such content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this site are protected by national intellectual property and other laws and international treaty provisions. Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties.

11. Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.

12. Our Right to Amend Terms

We reserve the right to change these terms at any time and we encourage you to revisit these terms periodically to ensure that you are at all times fully aware of our terms. Any changes are effective immediately upon posting to the website. Your continued use of the website constitutes your agreement to all such terms. We may, with or without prior notice, terminate any of the rights granted by these terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the website.