Young Urban Guy (“YUG” or “We” or “Our”) is the author and publisher of the internet resource www.youngurbanguy.com. (the “Website” or “Site“) is an online brand store providing an online platform (“Services“) to order men’s fashion accessories (“Products“) available on the platform. It is important that You spend time reading the terms as they constitute a legal agreement between YUG and the Buyer (“You“, “Your” or “Buyer“) in connection to the Products offered for purchase on the Website.
The registered office of YUG is at A-305, Akshardham CHS, PG Marg, Malad West, Mumbai. Maharashtra – 400064.
We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time without further notice. You should periodically visit this page to review the current Terms so You are aware of any revision to which You are bound. Your continued use of the Website after any such changes constitutes Your acceptance of the new Terms. If You do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the service.
1.1 By using the Website and the Services, You agree that You have read and understood these Terms and You agree to be bound by these Terms. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THE TERMS BELOW, DO NOT CLICK THE “I AGREE” BOX, DO NOT COMPLETE THE REGISTRATION PROCESS, AND DO NOT ATTEMPT TO USE THE WEBSITE OR ITS SERVICES. You expressly represent and warrant that You will not avail the Services if You do not understand, agree to become a party to, and abide by all of the Terms specified below. Any violation of these Terms may result in legal liability upon You. Nothing in these Terms should be construed as conferring any rights to any third party or any other person. YOUR USE OF THE WEBSITE AND ITS SERVICES FOR MAKING PURCHASES MEANS YOU ARE CONSENTING TO THIS AGREEMENT.
1.2The Website and its services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations. You may not register under a false name. You may not impersonate any other participant or use another participant’s password(s). Any such fraudulent conduct may be reported to law enforcement, and YUG will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
1.3You agree that You will abide by the terms and conditions of this Agreement, any additional terms and conditions and YUG policies, including any amendments thereto made by YUG from time to time which may be made without notice to You.
1.3The Agreement is published in compliance with; and is governed by the provisions of Indian law, including but limited to:
(i) the Indian Contract Act, 1872,
(ii)the (Indian) Information Technology Act, 2000 and
(iii)the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules“), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules“).
2.1Use of this Website for purchase of Products is available only to persons who can form legally binding contracts under the applicable laws. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 are not eligible to purchase Products on this Website. You represent that You, in Your individual capacity is competent to contract, are at least eighteen (18) years of age, are of sound mind and are not disqualified from entering into a lawful contract under any law in India.
2.2YUG reserves the right to terminate Your membership if You fail to comply with YUG’s policy which may be amended from time to time.
3. ACCOUNT REGISTRATION AND YOUR INFORMATION
3.1You will be able to purchase Products on the Website subject to conditions, as a guest or by registering on the Website to create an account (“YUG Account”) and become a member (“Member”).
3.2You are responsible for safeguarding Your YUG Account password. You agree that You will not disclose Your password to any third party and that You will take sole responsibility for any activities or actions under Your YUG Account, whether or not You have authorized such activities or actions. You will immediately notify YUG of any unauthorized use of Your YUG Account.
4. TRANSACTIONS ON THE WEBSITE
4.1The agreement for the delivery of Products from Website is between You and YUG.
4.2YUG and the Website acts as a mere venue/platform for the Users to interact for buying the Products provided on the Website.
4.3Products purchased from the Website are intended for Your use only and You warrant that any Products purchased by You are not for resale and that You are acting as principal only and not as agent for another party when receiving the Product or Services.
4.4You acknowledge and understand that various Products featured on the Website may be suitable for a particular category of consumers based on various parameters such as age, sex, body built, etc. It is Your sole responsibility to check whether the Product You are ordering is suitable for the intended recipient.
4.5Any order that You place on the Website is subject to product availability, delivery capacity and acceptance by YUG. When You place Your order online, We will send You an email to confirm that We have received the order. This email confirmation will be produced automatically so that You have confirmation of Your order details. You must inform YUG immediately if any details are Incorrect. The fact that You receive an automatic confirmation does not necessarily mean that We will be able to fulfill Your order. Once We have sent the confirmation email, We will check availability and delivery capacity.
4.6You understand that the Website is only an online platform for providing the Services and that it may not maintain inventory of Products featured. Accordingly, if the Product ordered on the Website is available in the inventory, We will accept the order. YUG will then communicate the confirmation to You by email or text message (SMS). The confirmation mail will specify delivery details including the approximate delivery period and the price of the Product. We will take all reasonable care, so far as it is in our power to do so, to keep the details of Your order and payment secure, but in the absence of negligence on Our part, We cannot be held liable for any loss You may suffer if a third party procures unauthorized access to any data You provide when accessing or ordering from the Website.
4.7In case Product delivery is not possible for whatsoever reason, YUG will let You know by email or text message (SMS) or phone call. You understand and acknowledge that in unforeseeable events or force majeure events (events which are beyond the control of YUG), YUG may not be able to communicate the delay or non-delivery.
5. PAYMENT FOR PURCHASE
5.1 All prices listed on the Website for the Products are correct at the time of publication. While YUG takes great care to keep them up to date, the final price charged to You will be informed to the Buyer at the time of delivery. YUG reserves the right to alter the price of the product available for sale on the Website and to delete and remove from listing Product options if any.
5.2The total price for Product delivery including all other charges, taxes, costs, if any, will be displayed on the Website when You place Your order. Full payment must be made for all the particulars mentioned in the order. Payment has to be made per the available payment mode on the Website.
5.3If You choose online payment, You must pay for Your order before it is delivered. You shall ensure that online payment mode is secured, Your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your debit/credit card company may also conduct necessary security checks to confirm Your identification before making any such payment.
5.4You agree to pay YUG for the total amount for any order made on the Website . We will collect the total amount in accordance with the Terms and the pricing terms set forth in the applicable product listing for the particular Buyer.We control on any amount that may be charged to You by Your bank for your payment of the Selling Price of the order, and We disclaim all liability in this regard.
6.1 Delivery period quoted at the time of order is approximate estimate and may vary. You shall be informed if there is any change in delivery time period. Products will be delivered to the address designated by You at the time of placing the order by You.
6.2In case delivery is done by a third party delivery service provider assigned by YUG, YUG will take reasonable care to deliver in a timely manner. There shall be no responsibility on the part of YUG in this case.
6.3All orders are delivered by a reputable courier. YUG will make every effort to deliver within the time stated; however, YUG will not be liable for any loss caused to You by late delivery. If the Product is not delivered within the estimated delivery time quoted, You shall contact YUG by email and YUG will try to ensure that You receive Your order as quickly as reasonably possible.
6.4In case of a late delivery, the delivery charge will neither be voided nor refunded by YUG.
6.5The ownership in the Product shall pass to you upon delivery and the completion of three days of dispute/returns/exchanges/cancellation period.
6.6If You fail to accept delivery of the Product at the time they are ready for delivery or YUG is unable to deliver at the scheduled time due to Your failure to provide appropriate instructions or authorizations, then the Product shall be deemed to have been delivered to You and all responsibility in relation to such Product shall pass to You. Any storage, insurance and other costs which YUG may incur as a result of the inability to deliver shall be Your responsibility and You shall indemnify YUG in full for such cost.
6.7 YUG shall not be liable to You for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery
7.REPLACEMENTS, CANCELLATIONS AND REFUNDS
Cancellation by YUG
7.1 There may be certain orders that we are unable to accept and we must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.
i) Some situations that may result in your order being cancelled shall include without limitation inaccuracies or errors in product, error in pricing information, and/or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. In the event that your order is cancelled after your credit card or any other payment instrument has been charged, the said amount will be reversed back in your account.
ii) Unforeseen or extraordinary situations that may result in your order being cancelled with in 3 days of delivering the product to you. YUG also reserves the sole rights in cancelling the order within 3 days of delivering the product(s) to the buyer. In the event that your order is cancelled after delivery, your credit card or any other payment instrument has been charged, the said amount will be reversed back in your account. YUG will promptly arrange for the return pickup using YUG’s courier partner at YUG’s own expense
Cancellations by the User
i)In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount.
ii) The User shall make a request for cancellation of order, within 24 (twenty four) hours of making the order or before YUG ships the order, on the Website for it to be a valid request. In case the cancellation request is made after 24 hours or shipping, YUG shall have the full right to decide on the refunds based returned packaging condition and other parameters to ensure that the product is not damaged in anyway and is in a sellable condition. The User agrees not to dispute the decision made by us and accepts our decision regarding the cancellation.
Returns and Replacements/Exchanges
i)YUG will be liable to replace any Products that have a manufacturing defect.
ii)The Buyer/User acknowledges that any claim for replacement/return must be made within 30 (thirty) days of the delivery of the Product and any claim/request for replacement/return beyond the period of 30 (thirty) days shall not be accepted.
iiiWithinn 3 days of delivering the product to the buyer, for whatsoever reasons, YUG reserves the right to recall or call-back the shipped product. Buyer hereby agrees to fully cooperate with YUG in its endeavor to offer the best service.
iv)The Buyer/User hereby acknowledges that any or all claims in relation to returns and replacement are made to YUG. YUG will assist the customer to get the Product replaced or serviced.
v)The User shall not tamper with the Product before Product Sale or during any procedure of cancellation and replacement/return.
i) In the case of cancellation before shipment, we process the refund within 7 (seven) business days.
ii) In the case of cancellation once the shipment has already been dispatched or if it is being returned, we process the refund once the products have been received and verified at our warehouse.
iii) For payments done through credit/debit cards or net banking, the refund will be processed to the same account from which the payment was made within 10 days of us receiving the products back. It may take 3-5 additional days for the amount to reflect in user’s bank account.
8. TERMS OF SERVICE
8.1 While YUG endeavors to accurately reflect the original MRP. However, due to the nature of the Products, currency fluctuations, YUG can’t be held responsible for any anomalies in the original MRP pricing.
8.2You may not be able to avail our Services if Your delivery location is outside our current scope of Service. We will keep You informed of the same at the time of confirming Your order booking.
8.3You understand that the delivery period quoted to You at the time of confirming the order is an approximate estimate and may vary. We will not be responsible for any delay in the delivery of Your order.
8.4Your order will be only delivered to the address designated by You at the time of placing the order. We reserve the right to cancel the order, in our sole discretion, in the event of any change to the place of delivery and You shall not be entitled to any refund for the same. Delivery in the event of a change of the delivery location shall be at our sole discretion.
8.5You shall undertake to provide adequate directions, information, and authorizations to accept delivery. In the event of any failure to accept delivery, failure to deliver within the estimated time due to Your failure to provide appropriate instructions or authorizations, then such goods shall be deemed to have been delivered to You and all responsibility in relation to such goods shall pass to You. You shall not be entitled to any refund for the same. Our decision in relation to this shall be final and binding.
8.6 You understand that our liability ends once Your order has been delivered to You.
8.7 You confirm that YUG shall not be responsible for any deficiency in payment of consideration payable towards the Products purchased from the Website.
8.10You might be required to provide Your credit or debit card details to the approved payment gateways while making the payment. In this regard, You agree to provide correct and accurate credit/ debit card details to the approved payment gateways for buying the Products. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared by YUG 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. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
8.11 We do not offer any refunds for goods already purchased from the Website unless an error that is directly attributable to YUG has occurred during the purchase of such Product
9. LIMITATION OF LIABILITY
9.1 Great care has been taken to ensure that the information available on the Website is correct and error free. We do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy, that the use of the Website will be error free or that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website.
9.2 By accepting these Terms You agree to relieve YUG from any liability whatsoever arising from Your use of information from any third party, or Your use of any third-party website, or Your purchase of any Product from the Website.
9.3 The Products sold on the Website are provided for private, domestic and consumer use only. Accordingly, We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any Products or Services availed through the Website.
9.4 We have taken all reasonable steps to prevent internet fraud and ensure any data collected from You is stored as securely and safely as possible. However, We cannot be held liable for breach in our secure computer servers or those of third parties.
9.5 In the event YUG has a reasonable belief that the Website has been abused by the Buyer or in suspected instances of fraud, YUG may cause the Buyer to be blocked immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of the Website, YUG reserves the right to seek compensation from any and all violators.
9.6 Offers available on the Website are subject to YUG’s discretion and may be withdrawn at any time and without notice.
You agree to indemnify, defend and hold YUG, its parent, subsidiaries, affiliates, successors, assigns and licensors, franchisees or sub-franchisees, any of their respective officers, directors, employees, agents, vendors, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any Your breach or violation of Buyers Terms or any other Terms on the Website applicable to You, or due to Your activities on the Website.
12. GOVERNING LAW AND DISPUTES
These Terms shall be governed and construed in accordance with the laws of the Republic of India and the courts at Mumbai shall have exclusive jurisdiction on all matters and disputes arising out of and relating to the business or Website.
13. GRIEVANCE OFFICER
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Young Urban Guy,
A-305, Akshardham, Rajanpada,
Mumbai – 400064
Phone: +91 9930963364