Terms and Conditions
Last updated on February 18th 2024
This document represents a legally binding agreement (“Agreement”) between you, the user (“You”), and Vestinare by Archies Creation, Achieve Garment (“We,” “Us,” or “Our”), its subsidiaries, and affiliates. By accessing or using the website www.vestinare.com, any related applications thereof, contents, products, and services (collectively referred to as “the Services”) provided by us, you agree to abide by the following Terms and Conditions. Please read these terms carefully before using our website or services. If you do not agree to these terms, kindly refrain from using the Services.
Ownership and Contact Information: Vestinare by Archies Creation, Achieve Garment owns and operates this ecommerce platform. Our registered office is located at 225/226, Bhavani Plaza, Bhawani Shankar Road, Dadar (W), Mumbai 400028. Users can contact us at [email protected] for any queries or clarifications. The content of the pages of the website is subject to change without notice.
Electronic Record and Acceptance of Terms: By accessing or using our Services, you acknowledge and confirm that these Terms are published in compliance with the Information Technology Rules under the Information Technology Act, 2000. These Terms constitute an electronic record and do not require physical or digital signatures. Your use of the Services implies your acceptance of these Terms.
User Agreement: The term “You” or “User” refers to any natural or legal person accessing or using the Platform. You agree that we may modify these Terms without prior notice. Users are bound by the terms at the time of their use, and it is their responsibility to stay informed about any changes. It is the Users responsibility to review the Terms periodically. We reserve the right at any time to modify or discontinue the Service without notice. We reserve the right to change or discontinue any aspect of the website, including content, availability, and equipment requirements. Continued use of the website by the User after any modifications implies acceptance of any changes or modifications incorporated. The website content is our exclusive property and any use requires written permission. Your use of any information or materials on the website and/or product pages is entirely at your own risk. You may not create a link to the website from another website or document without prior written consent.
Eligibility: User must be at least 18 years old to use our Services. User under 18, need parental or guardian consent.
Charges and Payments: We reserve the right to charge subscription or membership fees and modify them with prior notice. You are responsible for third-party fees associated with accessing our Services. Subscriptions may automatically renew unless cancelled 7 days before the renewal date. Online verification and authorization of payments are facilitated through various payment gateways. By default the prices shall be denominated in Indian Rupee.
Intellectual Property Rights: All materials within the Services are our exclusive property and are protected by copyright and other applicable laws. Our website contains material owned by or licensed to us, including design, layout, look, appearance, and graphics. No use is allowed without authorization. Unauthorized use of intellectual property constitutes infringement and will be prosecuted. All trademarks reproduced on the website, which are not the property of, or licensed to, the operator, are acknowledged on the website.
Limited License: We grant a limited, non-exclusive license for personal, non-commercial use of the Services. No transfer of rights, title, or interest is granted to the user.
Products and Pricing: Products are sold subject to their descriptions. Errors may occur, and we may cancel orders in such cases. Certain products or services may be available exclusively online through the website. Pricing information is disclosed at the time of purchase and is subject to change without notice.
Individual Registration and Access: Users must register an account to access and use our Services. Account details are non-transferable, and users are responsible for maintaining password confidentiality, as applicable.
Delivery and Shipping: We will make reasonable efforts to meet delivery schedules specified by the user in the order form. If a similar/alternate product is delivered for reasons beyond our control, it shall not be deemed as bad delivery. Responsibility for claims, damages, and compensation is disclaimed at the time of delivery. Delivery schedule details shall be specifically given with the product description wherever possible. Any delayed or early delivery does not entitle the user to damages, returns or refunds. The Privacy Policy, Shipping and Delivery Policy, and Returns, Refund, Exchange and Cancellation policy clauses, as stated on the website should be read alongside this policy.
User Queries and Clarifications: If the user has any questions, doubts, or confusion regarding any of the terms & conditions, they should seek clarifications through email and await a written clarification within 7 days before using the service.
Copyright and Usage: This site is owned by Vestinare by Archies Creation, Achieve Garment. No material from this site or any affiliated website may be copied, reproduced, republished, transmitted, downloaded, uploaded, or used for commercial purposes without written permission. Intellectual Property Rights are protected, and unauthorized use may lead to prosecution. Unauthorized use of information provided by us may give rise to a claim for damages and/or be a criminal offense.
Exactness: ‘Vetinare’ disclaims guarantees of exactness regarding the appearance of ordered products, acknowledging potential variations in size and finish, especially with handmade items. While efforts are made to accurately represent product features on the website, we cannot ensure that the displayed color and quality will precisely match the actual merchandise, disclaiming any warranties or representations related to product attributes, and providing items on the website “as is” without a physical preview obligation. Additionally, please note that screen resolution and lighting effects may vary, and as a result, the product may not appear exactly as it does in the photo. We cannot guarantee the exact replication of colors and details due to these factors.
Disclaimer of Warranties: Use of the Services is at your sole risk, and we make no warranties, express or implied, regarding uninterrupted, secure, or error-free use. Neither the website nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on the website for any particular purpose.
Liability and Indemnification: We shall not be liable for any loss of data or damages, and users agree to indemnify us from claims arising out of their use of the Services. We shall not be liable for any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction due to the cardholder having exceeded the preset limit mutually agreed upon with our acquiring bank/s or payment partner/s.
Dispute Resolution: Any dispute arising from the use of the website, purchase with us, or any engagement with us is subject to the laws of India. In case of disputes, resolution attempts will be made within 15 days; unresolved disputes shall be subject to arbitration as per the governing laws of India with exclusive jurisdiction in Mumbai.
Cancellation Policy: Normally, an order once placed cannot be cancelled. In rare cases of acceptance, the User shall bear all charges related to the transaction.
Force Majeure: Force Majeure refers to unforeseeable circumstances beyond our control that may prevent us from fulfilling our obligations under these Terms and Conditions. Examples of Force Majeure events include, but are not limited to, acts of God, natural disasters, government actions, health emergencies, labour disruptions, and technological disruptions. Please note that this list is illustrative and not exhaustive and the occurrence of a Force Majeure event will be determined on a case-by-case basis. We shall not be liable for any interruption or delay in access to the Platform due to a Force Majeure Event caused. Our obligations will be postponed until circumstances beyond our reasonable control cease to continue.
Termination of Services: We reserve the right to terminate or suspend services for users who breach the terms of use.
Privacy Policy Reference: The use of the platform is also subject to our Privacy Policy, and users should review it carefully before using the services. We are committed to safeguarding user privacy.
Communication Preferences: We may communicate with users by email, calls or other electronic means, sending information and offers periodically.
Amendment of Terms: We reserve the right to amend the terms at any time, and users are responsible for reviewing them periodically.
Severability: If any provision of the terms is found to be invalid or unenforceable, the remaining provisions will still be in full force and effect.
Governing Law: The terms are governed by and construed in accordance with the applicable laws of India. Any legal dispute is subject to the exclusive jurisdiction of the courts at Mumbai.
Third Party Links: While our website may include links to third-party sites for your convenience, we emphasize that you should review the terms and conditions of those third-party websites. We are not responsible for the content or policies of external sites, and your interaction with them is at your own risk. Understanding the terms and conditions of third-party websites is crucial for a comprehensive awareness of your rights and obligations in those contexts.
Monitoring: We reserve the right to monitor the website for compliance with terms and rules. We may monitor the website for compliance with these terms and rules to ensure a safe and secure environment for all users. Monitoring activities may include, but are not limited to, reviewing user-generated content and analyzing user interactions. The purpose of such monitoring is to maintain the integrity of our platform and protect the interests of our users.
Confirmation of Changes: By continuing to use our Services, you confirm your acknowledgment and acceptance of any future changes to these Terms and Conditions. It is your responsibility to periodically review the terms for updates. In the event of any modifications, your continued use of the website after such changes implies your acceptance of the updated terms. If you do not agree with the modifications, kindly refrain from using the Services.
Entire Agreement: These Terms constitute the entire agreement between the parties, superseding all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.