Last updated on 28th December , 2015.
TERMS AND CONDITIONS FOR BUYER
INFORMATION ABOUT US
www.yooshopper.com is a website (hereinafter referred to as “the website”) owned and operated by Shop on Steelbird, a Partnership firm incorporated under the laws of India, with its registered office at B2B/17, Janakpuri , Near Metro Pillar no. 540 New Delhi - 110058, India. (hereinafter referred to as the “Firm” or “ We”).
We at our sole discretion, reserve the right not to accept a user from registering on our site without assigning any reason thereof. Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.
By going through/ surfing the website or ordering any products or availing any services, you agree to be bound by these terms and conditions. Please understand that if you refuse to accept these Terms, you will not be able to order any products or avail any service from www.yooshopper.com.
The website offers a platform to facilitate online sale and purchase of helmets,bike accessories, home & kitchen appliances, shoes, bags, apparels and much more fashion products. The website allows you to view, select, purchase Products of the categories listed on the website and that may be added on later. This website can be accessed on the internet under the domain www.yooshopper.com.
2.USER ON THE WEBSITE
You can begin the use of the website either as a guest user or as a registered user. However, in order to purchase a Product, you must register through the website to obtain an account. In consideration of your use of the website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the law. You also agree to provide true, accurate, current and complete information about yourself while filing the registration form available on the website. You are responsible for maintaining the confidentiality of your account and password. We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.
3.BUYING OF THE PRODUCT
The listing and presentation of a product on our website is solely a request for a buyer to submit an offer. You will receive a confirmation mail after you place an order with us.
Before placing an order, you shall check and review the product description carefully and in sufficient detail. By placing an order on the website, you agree to be bound by the conditions of sale included in the item’s description without exception
All the images of the products on the website are for representation purposes only. Every effort is made to maintain accuracy of the information displayed. However, the exact product may vary from the image displayed on the website and the actual colour, size, shape and appearance may have variations from the depiction on your mobile/computer screen.
An estimated delivery time is displayed on the Order Summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location.
We do not have any control over the delivery time period, failure of delivery due to any unwanted reasons. we are not responsible for damages or delays as a result of products which are out of stock, unavailable or back ordered.
If the product to be delivered is delayed or is returned from its destination on account of a mistake by you, then the additional cost incurred by the firm will be borne by you.
We currently offer the following methods of payment;
3.Cash on delivery
You can choose from the listed payment methods. We reserve the right to add other payment methods in the future or to refrain from using payment methods, which it currently offers. Please note that additional costs maybe applicable, depending on the payment method that has been chosen by the buyer.
You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by you. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. The website expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
If you choose to pay by cash on delivery and fail to pay the amount you agreed while placing the order then the website can claim that amount on behalf of the seller. The website also reserves the right to block or terminate your account for future use.
6.PRICE OF THE PRODUCT
We strive to provide you with the best prices possible on products and services. However, we do not guarantee you the lowest price. We reserve our right to change/modify the prices of the products only before we dispatch the product. Once the products are dispatched, no such modifications can be made in the prices of the products. The prices mentioned on the Site are not subject to comparison with the same or similar product(s) and/or service(s) available through any online or offline sale.
The price mentioned at the time of ordering a product shall be the price charged at the time of delivery, provided that a product listed on the Site will not be sold at a price higher than its MRP (Maximum Retail Price). Although prices of most of the products do not fluctuate on a daily basis, some of the commodities and fresh food prices do change on a daily basis. In case the prices are higher or lower on the date of delivery, no additional charges will be collected or refunded as the case may be at the time of the delivery.
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
We will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that we accept your order the same shall be debited to your credit card account. The payment may be processed prior to our dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account. No refunds shall be applicable on the orders made by the User under the Cash on Delivery (“COD”) option.
7.CANCELLATION OF THE PRODUCT
To cancel your order you must write to us at email@example.com within fifteen minutes of placing your order. If you cancel your order within this stipulated time, we will return all payments we have received from you, including delivery costs (with the exception of additional costs arising from your choice of another type of delivery other than the low priced standard delivery we offer).
We reserve the right to cancel your order in certain situations such as including but not limited to limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or any defect regarding the quality of the product. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. We may ask for additional information and further verification to confirm your order. In case you fail to provide us with such information, we may cancel your order. On cancellation, we will return all payments received from you and if order is cancelled after product delivery is out side your door or city then shipping charges will be deducted from the payment and you are liable to pay shipping and reverse shipping charges.
We will refund all payments made by you or recalculated payment, generally in 7 working days. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9.RETURN OR EXCHANGE OF THE PRODUCT
We will return as per the following conditions:
1.To return or exchange an item you must inform the website within 12 hrs. from receiving the item and must hand the product over to any relevant logistic service within 2 days from receiving the item. If the product is returned within this stipulated time, then full cash shall be refunded to you.
2.After 1 days from the delivery of the product to you, no product shall be returned.
3.Returned products must be unconsumed, unused and returned with original packaging and tags in place.
4.You must handover the product back in good condition which will be at the sole discretion of the Firm. Any damage to the product will result in non-acceptance of the cancellation request.
5.To return/ exchange a product, you must write to us at firstname.lastname@example.org.
11.RISK AND TITLE
The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
We have the right to monitor the accounts created by the users on our website. Users who are availing our services fraudulently shall be liable for legal action under applicable laws. Such user will also indemnify us for the lawyer fees and other costs. We also have the right to delete account of such user and dishonor all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
You shall not have more than one active Account on the Website. Additionally, you are prohibited from selling, trading, or otherwise transferring Your Account to another party
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
13.INFORMATION UPLOADED BY THE BUYER
You can provide us with information in the registration process, feedback area, emails etc. You are solely responsible for the information you provide. We will only act as a passive conduit for online distribution and publication of your information.
You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
belongs to another person and to which you do not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harm minors in any way;
infringes any patent, trademark, copyright or proprietary rights of others;
violates any law for the time being in force;
deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
We reserve the right to monitor the information posted by you on the website and decline/remove any information that violates the provisions of this clause.
14.RIGHTS OF USE
15.LICENSE FOR PERSONAL USE
The Website is made available for your personal, non-commercial use only. The materials and software on this Web site are the property of the Firm or its licensors, and are protected by relevant local and international copyright laws, trademark and international conventions. Except as explicitly provided in these term of use, you may not download, distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this site. You may not store any significant portion of, nor distribute copies of, materials found on the website, in any form (including electronic form), without prior written permission. Requests for permission to reproduce or distribute materials found on the Website should be sent to the Firm directly. You are free to establish a hypertext link to this site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by the Company, the Website or any of its affiliates. However, without the prior written permission of the firm, you may not frame any of the content of the website, nor incorporate into any other website or other service any intellectual property of the Firm, its website or its licensors. You will not use the website to violate the copyright, trademark, or other intellectual property rights of any person or other entity. You many not bypass any measures used by us to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you.
All warranties, relating to the products sold on the Website would be provided by the manufacturer/supplier of such product if applicable and the same would not in any manner be provided by the Website. Any claim in relation to the same should be raised against concerned manufacturer/supplier and not against the firm in any case whatsoever. All products are provided on an as is basis without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
It is the responsibility of the buyer to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
The Site or third parties may provide links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are 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 we 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.
The Website may make available general third party information such as, product catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources ("Third Party Content"). Similar Third Party Content would also be available to you on the email. This content made available to you is for general informational purposes only. The website does not provide any guarantee with respect to any the Third Party Content and shall not be held liable for any loss suffered by you based on your reliance on or use of such data.
We, our affiliates, agents and licensors, cannot and do not warrant the accuracy, completeness, correctness, non-infringement, merchantability or fitness for a particular purpose of the information available through this website (or any information, goods or services that are referred to, advertised or promoted on, or sold through this website). Nor do we or they guarantee that the website will be error free, or continuously available, or that the website will be free of viruses or other harmful components. And products included in or available through this web site are provided "as is" and "as available" for your use. If you rely on this website or any information, product or service available through this website, you do so at your own risk. You understand that there may be delays, omissions, interruptions, inaccuracies, and/or other problems with the information, products, and services published on or promoted over this site. Under no circumstances will we or our affiliates, agents or licensors be liable to you or anyone else for any damages, arising out of your use of this website or any product or service linked to from or advertised or promoted on this website, including, without limitation, consequential, special, incidental, indirect, punitive, exemplary, or other damages of any kind (including lost revenues or profits, loss of business or loss of data), even if we are advised beforehand of the possibility of such damages. It is clarified that we are not responsible for losses including but not limited to:(a) loss of income or revenue;(b) loss of business; (c) loss of profits or contracts;(d) loss of anticipated savings; (e) loss of data; (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
You agree to indemnify us and hold us harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of these Terms and Conditions, or your violation of any law or the rights of a third party.
You consent to receive communications from our website electronically. Our website will communicate with you by email 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.
20.MODIFICATION/NOTIFICATION OF CHANGES
We may, in our sole discretion and at any time, discontinue providing the Service or the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Service or the Site may be effected without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate or delete your Account and all related information and Submissions made from your Account and bar any further access to such information or to the Site. Further, you agree that we will not be liable to you or any third-party for any suspension or termination of the Service or your access to the Site.
The trademarks, logos and service marks (“Marks”) displayed on the Site are our property and property of other parties. You are not entitled to the use of such marks without the express written permission of the concerned owner. You will not bring disrepute, dilute or infringe any of the marks on this website. All information and content including any software programs available on or through the Site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
We are not associated with the brands that we sell and the same are the registered trademark of the respective brand owners.
All complaints regarding our products and services can be made at email@example.com
24.RELATIONSHIP BETWEEN THE PARTIES
None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and the Firm and you shall have no authority to bind the Firm in any manner whatsoever.
Except as explicitly stated otherwise, any notices shall be given to us by postal mail to B2B/17, Janakpuri , Near Metro Pillar no. 540 New Delhi - 110058, India and on the email address firstname.lastname@example.org. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any provision of these Term and Conditions is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision which most closely approximates the intent and economic effect of the invalid provision. The waiver by either party of a breach of any provision of these Terms and conditions will not operate or be interpreted as a waiver of any other or subsequent breach.
27.ARBITRATION & GOVERNING LAW
We may be required under any legislation, to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our sites or delivering them to you through e-mail. You may update your e-mail address by visiting the website page where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our sites or these Terms must be filed within one (1) week after such claim or cause of action arose or be forever barred.
We restrict and reserve our right to further moderate/ restrict/ ban the use of our Services, specifically to you or generally, in accordance with our policy/ policies from time to time, at our sole discretion and without any notice.
The headings used in the Terms and Conditions are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
30. ENTIRE AGREEMENT
The Terms and Conditions, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.
31. CONTACT US
If you have any questions or concerns regarding this Agreement, please contact us at: email@example.com
32. REWARD POINTS
The website rewards you with points on each order you place. You can redeem these points on your next purchase. The number of points earned at each purchase and the number of points that can be redeemed at the next purchase will be decided by the Website. The website reserves the right to cancel your points at any time without any prior notice.
33. PROMOTIONAL OFFER
Promotional offers by the website can be discontinued anytime without giving a prior notice.
On one order only one promotional offer is applicable. Two promotional offers cannot be clubbed together for one single order.
PAY ONLINE and GET FLAT 10% DISCOUNT for your order. use code YEAR2017
34. COUPONS AND PROMO CODES
From time to time, the Website may offer you promotional codes or coupons entitling you to encash the applicable value of such codes/coupons against purchases made on the website. Unless specifically stated on the code or coupon, a promotional code or coupon shall expire after 7 Days after the issuance and will have a maximum discount value of INR Rs 200/- only and depends on Yooshopper.
Coupon and Promo Codes distributed over any social media have minimum purchase value to reedeem, minimum purchase value can be changed without any notice to customer. And minimum purchase value can not be mentioned on any social media page or in any promotional activity. When you will purchase through our app or website you will get to know minimum purchase amount to reedeem coupon.
The coupons/promo codes issued are for personal, non-commercial use only and you shall not re-sell the same to any other person.