Terms of service

We encourage you to read these terms carefully. By accessing our website, you acknowledge that you have read, understood, and agree to be bound by these terms. If you do not agree to be bound by these terms, we advise you to not access, browse or otherwise use our website or our services. 

“Shaye”, “we”, “our” or “us” refers to the Company, Astrid Fashions Pvt Ltd. “You” or “your” refers to the user or customer accessing our website or availing our services. Shaye offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 1.    Applicability 

1.1. Your use of shaye.co.in and all the web-pages, hyper-links, tools and services provided there under is governed by the following terms and conditions. By visiting our website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”). These Terms apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content, regardless of the territory in which they are located. By accessing or using any part of the website, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use the Service. 

1.2. Any new features or tools which are added to the current online store shall also be subject to the Terms of Service. We reserve our right to change or revise these Terms at any time by making changes on our website. Your continued use of our website or any of our services following the posting of any such changes of the revised Terms will constitute your acceptance of such changes or revisions.

 2. Legally binding 

These Terms constitute a legally binding contract. The Terms shall be in effect as on the date you use or access our website or any of our Services.

 3. Eligibility to enter into these Terms 

By agreeing to these Terms of Service, you represent that you are an individual competent to enter into a contract under applicable law, or you've given us your consent to permit any minor dependents to use this website.

 4. General Conditions 

4.1. We reserve the right to refuse service to anyone for any reason at any time. 

4.2. You understand that your content (not including any bank or card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Bank or card information is always encrypted during transfer over networks. 

4.3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website, use of the website, or access to the website or any contact on the website through which the service is provided.

 5. Accuracy, Completeness, And Timeliness of Information 

5.1. We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this website is at your own risk. 

5.2. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website.

 6. Modifications to the Service and Prices 

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue our Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any changes, price change, suspension or discontinuance of our services.

 7. Products & Services 

7.1. Certain products may be available exclusively online through the website and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate. 

7.2. We reserve the right but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. 

7.3. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. 

7.4.      Any offer for any product or Service made on this website is void where prohibited and we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

 

  1. 8.          Accuracy of Billing and Account Information

 

8.1.      We reserve the right to refuse any order you place with us. We may, in our sole discretion, cancel quantities purchased per person, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

 

8.2.      We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

  1. 9.          Customer’s Responsibilities

 

9.1.      You are solely responsible for (i) your access and use of our Service and compliance with these Terms, (ii) maintaining the confidentiality of yourself and your information, credentials and passwords associated with your account, and the privacy and security of your account, and (iii) all activities that occur regarding your account regardless of whether the activities are undertaken by you, or a third party. We are not responsible for any alteration, compromise, corruption or loss of your data, or any activity that arises from any access to, sharing or use of your account, log-in information, credentials or passwords, or your activities, except to the extent caused by our breach of these Terms. You agree to notify us immediately of any unauthorized access or use of your account, log-in information, credentials or passwords, or any unauthorized activity in your account. We have the right to suspend or terminate the Service, without notice to you, if we suspect any unauthorized activity. You agree to cooperate with us in any investigation into suspected or actual unauthorized activity.

 

9.2.      The customer may use Shaye’s services and any part or element thereof only in the scope, with the means and for purposes as identified in these Terms and applicable law. By way of example, neither the customer nor any user may copy, duplicate, distribute, modify, adapt, hack, create derivative works, reverse engineer or decompile Shaye’s products or services or any part or element thereof, or use Shaye’s Service or any part or element thereof unless it has agreed to these Terms.

 

  1. 10.       Third-Party Links

 

Our services may contain links to third party information, websites, products, services or resources that are not owned or controlled by us. We do not endorse any such third-party content. If you access or use such third-party content through our services, you do so at your own risk. You acknowledge that all content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to such third-party. 

 

  1. 11.       User Comments, Feedback and Other Submissions

 

11.1.   If, at our request, you send certain specific submissions or without a request from, us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

 

11.2.   We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

 

11.3.   You agree, represent and warrant that your Comments will not violate any right of any individual or organization in copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect our business and its operation or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

 

  1. 12.       Privacy

 

Your submission of personal information to us is governed by our Privacy Policy which is hereby incorporated by reference.

 

  1. 13.       Errors, Inaccuracies, and Omissions

 

13.1.   Occasionally, there may be information on our website or in the Service offered that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in our offered services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

13.2.   We undertake no obligation to update, amend or clarify information in the services we offer or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in our service or on any related website should be taken to indicate that all information has been modified or updated.

 

  1. 14.       Intellectual Property

 

14.1.   Your use of our website or Service or parts thereof does not grant you any ownership or intellectual property rights. Any commercial or promotional distribution, publishing or exploitation of our services or content related to our services is strictly prohibited. You do not acquire any ownership rights by purchasing any of our products or services or parts thereof from our website.

 

14.2.   You shall not copy, distribute or publish any content or any information obtained or derived therefrom except as permitted by applicable law.

 

  1. 15.       Prohibited Uses

 

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation our website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our website or any related website, other websites, or the Internet. We reserve the right to terminate your use of our website or any related website for violating any of the prohibited uses.

 

  1. 16.       Disclaimer Of Warranties

 

16.1.   We do not guarantee, represent or warrant that your use of our service or website will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

 

16.2.   You expressly agree that your use of, or inability to use, the service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

  1. 17.       Limitation of Liability

 

17.1.   Save to the extent required by law, Shaye has no special relationship with or fiduciary duty to you. You acknowledge that Shaye has no control over, and no duty to take any action regarding: which users gain access to the Service; what content you access via our website or what products you purchase therefrom; what effects the content or products that you purchase may have on you; how you may interpret or use the content or products; or what actions you may take as a result of having been exposed to the content or products.

 

17.2.   You hereby release Shaye from all liability for you having acquired or not acquired content or products through our Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Shaye makes no representations concerning any content contained in or accessed through the service, and Shaye will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the service and cannot be held liable for any third-party claims, losses or damages.

 

17.3.   In no case shall Shaye, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our services or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

17.4.   Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you hereunder.

 

  1. 18.       Indemnification

 

You agree to indemnify, defend and hold harmless Shaye and directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms, your violation of any law, or the rights of a third-party.

 

  1. 19.       Termination

 

19.1.   We may terminate these Terms at any time at our sole discretion. You may terminate these Terms by notifying us that you no longer wish to use our services.

 

19.2.   The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

  1. 20.       Force Majeure

 

We shall not be responsible to you for any failure to perform, which is caused by occurrences beyond our reasonable control including, but not limited difficulties in delivery, strikes, lock-outs, labour disputes of any kind, fires, accidents, pandemics, epidemics, earthquakes, tornados and other natural events, riots, war (whether declared or undeclared), uprisings, delay of carriers, government seizures, embargos, laws, orders, or regulations of any political sub-division or agency (including government controlled export credit agency), or any government. During the persistence of such events, we shall be exempt from performing our obligations.

 

  1. 21.       Governing Law and Dispute Resolution

 

21.1.   These Terms shall be governed by, construed and interpreted in accordance with the laws of India.

 

21.2.   Any dispute arising out of or in connection with these Terms and/ or other policies available on our website, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The Tribunal shall consist of a sole arbitrator. The seat of Arbitration shall be New Delhi and the language of proceedings shall be English.

 

  1. 22.       Miscellaneous

 

22.1.   The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this website constitute the entire agreement and understanding between you and us and govern your use of our website.

 

22.2.   If any term, condition or provision of these Terms is held to be invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected.

 

  1. 23.       Grievance Officer

If you wish to provide us with any comments, complaints, bug reports, feedback, or modifications or suggestions you may send it to tarun@shaye.co or by post to Astrid Fashions Pvt Ltd, F-384, Sector-63, Noida-201301.

Last revised date: [November 1st, 2022]