Terms & Conditions
TERMS & CONDITIONS
1. Sale and Purchase of Goods
Upani India Pvt. Ltd. (“Seller”) hereby agrees to sell, and You (“Buyer”) hereby agree to purchase, goods of the description and quantity described on the checkout window (“Checkout”) and incorporated herein by this reference (“Goods”) on the terms and conditions set forth in this Agreement.
2. Purchase Price
Buyer agrees to pay the Purchase Price of the Goods as posted on this website attached hereto.
3. Payment Terms
The total amount of the Purchase Price shall be payable in full by Buyer according to the payment due date stated at Checkout. In addition, Seller shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from Buyer for Seller’s costs of collection, including attorney fees, legal fees and costs and disbursements, if any.
Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Seller, goods shall be packaged according to Seller’s standards and practices.
If your shipment is damaged in transit, refuse delivery. If unable to refuse delivery, you agree to contact Carrier and Seller within 3 days of delivery. Please DO NOT throw away packages, packing materials, or damaged goods. Carriers require photographs of both the damaged box and products.
Seller cannot be held liable for any errors or shipping delays caused by the carrier but will work to help facilitate retrieval.
To ensure accuracy, the shipment addresses will be used exactly as given by you. Seller accepts no liability for packages believed to be returned or delivered to incorrect addresses.
If your shipment is damaged or tampered with or is unsealed, refuse delivery. If unable to refuse delivery, you agree to contact Carrier and Seller within 3 days of delivery. Please DO NOT throw away packages, packing materials, or damaged goods. Send us the photographs of both the damaged box and products.
5. Customs, Duties, and Taxes
The recipient is responsible for assuring that the product can be lawfully imported to the destination country. When ordering from upani.com, the recipient is the importer of record and must comply with all laws and regulations of the destination country.
Orders that are shipped to countries outside of India may be subject to import taxes, customs duties and fees levied by the destination country. Seller is not responsible for the payment of any customs levies, duties or taxes that may be associated with the delivery of the orders in your country. you are solely responsible for any such fees.
Customs policies vary widely from country to country; the recipient should contact their local customs office in case of any formalities required. When customs clearance procedures are required, it can sometimes cause delays beyond our original delivery estimates.
If required, the recipient must submit social security number, tax ID or any such proof of address or business as required by their customs office to have the shipment cleared.
6. Returns and cancellations
No Refunds or Exchanges – Please note that nearly all our products are handmade and personalized thus all sales are final and no refunds will be issued.
Cancellation – Orders cannot be canceled once Seller has begun processing the order. Should you wish to change or cancel your order, you are welcome to call us to check whether the processing of an order has commenced, and if it has not, we may be able to accommodate your request to cancel and will do our best to meet your needs.
Any changes to or cancellation of an order can only be made with Seller’s prior written approval and additional charges may apply. Any agreement by Seller to accommodate a cancellation request will be conditioned upon payment of any and all costs, charges and expenses already incurred by Seller to that point, and you agree that such amounts may be deducted from any payments previously made to Seller. Accordingly, we encourage you to carefully check your order before submitting it.
Returns – Returns will only be accepted in the case of a manufacturing defect or dispatch of an incorrect item. You must inspect all deliveries immediately, and notify us immediately in writing of all claims for damages or defects. All claims relating to defects or shortage must be made within 3 days of delivery. Any such claims must be made in writing via email to your primary Seller’s contact. Any rights to reject items expire after this 3-day period. If you timely notify us of any defective or damaged Goods, upon receipt of your request, we shall examine the same and we will either replace the goods with similar items or credit you the purchase price.
7. Damages & Defects
You must inspect all deliveries immediately, and notify us immediately in writing of all claims for damages or defects. All claims relating to defects or shortage must be made within 5 days of delivery. Any such claims must be made in writing via email to your primary Seller’s contact. Any rights to reject items expire after this 5-day period. If you timely notify us of any defective or damaged Goods, as your exclusive remedy, Seller will, in our discretion, either replace the Goods with similar items or credit you the purchase price.
8. Disclaimer of Warranty/Limitation of Liability
Seller undertakes no responsibility for the quality of the Goods or that the Goods will be fit for any particular purpose for which Buyer may be buying the Goods, except as otherwise provided in this Agreement, and Seller disclaims all other warranties and conditions, express or implied.
9. Color Disclaimer
The color of products you see on computer screen will vary slightly from those of the actual product. This is because of the difference in underlying technologies of computer monitors and fabric; monitors that are not properly calibrated also add to the difference in colors. In addition, the lighting used while taking photographs also factor in the final color shown on the screen.
10. Price Disclaimer
While upani.com makes every effort to ensure that the products are described and priced accurately, in the event that an item is deemed to be priced incorrectly, Seller reserves the right to refuse the sale of that item.
11. Force Majeure
Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.
Buyer may not assign this Agreement without Seller’s written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Goods, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of Delhi, India, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; Buyer submits to the exclusive jurisdiction and venue of the jurisdiction of Delhi and hereby waives any objection to such jurisdiction and venue.