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TERMS OF USE

For anyone dealing with Oyeshop, the following Terms of Use will apply. So as a customer, you are requested to read carefully what is stated here as Terms of Use, which is binding on both the parties, you as the end-user and we as Oyeshop. The very act of your visiting and using Oyeshop.com will be deemed, as your consent to abide by the Terms of Use set-out herein; you have read and understood the Terms of Use; and all your dealings, transactions, communications and activities at and related to Oyeshop.com will be as per the Terms of Use published hereunder.

1.1 The Terms and Conditions set out herein form an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and as amended from time to time. As such, this document does not require any physical or digital signatures and forms a valid and binding agreement between the Website and the User. These Terms are made available to the User pursuant to and in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules, regulations, privacy policy and Terms for access or usage of the Website.

1.2 Oyeshop asserts categorically that the Terms and Conditions of use for any product published at the site, their particulars, and relevant additions like discounts, discount vouchers, gift vouchers, promotional vouchers etc. shall be subject to Sellers/third party Terms and Conditions as they are. Oyeshop holds no responsibility or liability over these Terms and Conditions of Sellers/third party.

1.3 Oyeshop Website contains links to third party websites for business purposes. These websites are not operated by Oyeshop and therefore we have no control over these linked websites. You as a Consumer use these links at your risk and responsibility and Oyeshop cannot accept any responsibility or liability for any damage, loss or repair of the products sold by these linked websites.

1.4 These Terms and Conditions are binding on both of the parties, and will continue to do until you are accessing the website; and you cannot absolve yourself from these Terms and Conditions by closing Your Personal Account. 1.5 Oyeshop reserves the right to deny, or terminate access to the site at anytime for valid reasons, which they consider vital for the safety and integrity of this website. 

1.6 Oyeshop reserves the right to edit, add, deduct or modify these Terms and Conditions at any time; and such changes will come into effect from the moment they are posted on the website; and it is clearly understood that by accessing and making use of this website, you are deemed to understand and abide by these Terms and Conditions of Use.

ELIGIBILITY TO USE:

2.1 The use of this website is restricted to only bonafide persons, adults who are more than 18 years of age, and legally competent to enter into a Contract under the Contract Act, 1872.

2.2 This website reserves the right to deny access or terminate their membership, in case it is found that the person accessing this website is not eligible legally for such activities.

PERSONAL ACCOUNT, PASSWORD AND SECURITY PRECAUTIONS:

3.1 Any person, who is legally eligible can access and make use of this website, either by registering themselves as a member of this website or as a guest. It should be clearly understood that a guest user cannot be eligible for certain benefits/offers/concessions/priority treatment etc. accorded to the registered users, which may change from time to time, at the sole discretion of Oyeshop.

3.2 Customers who want to register themselves with the website can do so either by registering directly at the site furnishing their details in the registration form; through their email account or Facebook. After completion of registration process, a Password and Account Designation will be sent by Oyeshop to the individuals online. The safety and confidentiality of the password and account details are the responsibility of the Customer concerned, and any or all activities undertaken with this password will be deemed to have been carried out by them only.

3.3 In case of loss or misuse of the respective password and account details by any other person, the Customer undertakes to (1) inform the website immediately any such missing, breach of security or misuse of their personal particulars by anyone; and (2) ensure that at the end of each session of their visit to the website to logout securely to protect their privacy. Oyeshop will not be liable or responsible for any loss, damage or breach of security, arising out of the lapse or failure of the Customer concerned and any sort of consequential losses arising from the above lapses will be borne by the Customer. Customers by this clause of Terms of Use of Oyeshop waive any claims for damages against the website, under any circumstances whatsoever.

3.4 Registered users are cautioned that they will be held responsible and liable to make good any loss, damage or any other disadvantages arising out of their lapse in maintaining the complete security of their personal details.

3.5 The users of this website are advised to furnish only bonafide details, and if it is detected that any person provides information that is false, incorrect, untrue or incomplete, or the website has reasonable grounds to believe such misinformation have been furnished with ulterior motive, the website reserves the right to terminate the User account forthwith, without intimation at any time and can deny further access or usage of the website.

3.6 The Privacy Policy published elsewhere in this site covers categorically all aspects of Privacy of the Customers in furnishing, sharing and disclosing their personal information for use by the website and the Customers are advised to abide by the conditions elaborated therein. 

LISTING AND SELLING OF PRODUCTS:

4.1 Sellers from various destinations list, publish and sell their products at Oyeshop platform. While doing so, the Sellers warrant that the products are legally permitted to be sold; the details and description furnished, by way of text, photographs, pictures and other content about the products are accurate and correct. Sellers may announce promotional codes and these codes will be used only for the promotional purposes of the products concerned, and will never have any cash value and they cannot be exchanged in lieu of credit or money.

4.2 The sale activities on this website are held between the Sellers and Buyers and the Seller is squarely responsible for matters connected with the sale, including completing the sale transaction and delivery within 2 days, unless otherwise agreed upon between the Seller and Buyer. The bi-partite agreement for sale between the Seller and Buyer will be binding only on these parties. Oyeshop expressly denies and disclaims obligations, liabilities and responsibilities in respect of the sales arising from and in accordance with the above bipartite agreement.

RESPONSIBILITY ABOUT PRODUCTS:

5.1 This website operates as a common platform for Sellers and Customers for advertising, displaying and making available various merchandises as Products, and merely facilitates meeting of the Customers with the Sellers. The services of this website are limited only to this activity and incidental thereto at their discretion. This website reserves the right to deny, stop or refrain from providing the main and consequential activities at any time to the Customers, without notice.

5.2 Oyeshop hereby disclaims any responsibility as to the correctness, exactness, finish, appearance and shape of any product as they are published in “as is” and “as available” basis only. Therefore the Customers have to deal with the Sellers only in case of incorrectness of the merchandises, in size, shape, color or dimension etc.

5.3 The prices of products are fixed and announced by the Sellers only and are subject to change at any time at their discretion, irrespective of the fact the item has been picked, wish-listed or ear-marked by the Customer. No claim in respect of revision in prices will be entertained by Oyeshop at any time.

CONDITIONS FOR PAYMENTS:

6.1 Prices of products published at this website are in Indian Rupees. The prices are governed by the Sellers and are subject to change anytime. The Customers hereby undertake that by the activity of buying, they are entering into a valid and enforceable contract with the Seller concerned and are deemed to have accepted the payment facilities and options prescribed by the Seller, as permitted by the laws of the land.

6.2 The financial transactions carried out by this website are accordance with the rules, regulations and procedures authorized by the Reserve Bank of India, between Customers and Sellers. In this context, Oyeshop may enter into valid contracts with third party payment gateway aggregators as well as financial institutions, which will be binding with Sellers and Customers.

6.3 The payment methods prescribed by this website are subject to explicit understanding that the website cannot be held responsible or liable for any financial loss, damage or any such consequences whatsoever caused by the actions of the Customers, in exceeding the specified limit by the appropriate banks; failure to authorize the transaction; issues arising out of the transactions; fraudulent and illegal payments through debit card/credit card; and declined by the banks for any reason whatsoever. The website reserves the right to effect additional verification procedures, in the case of suspicion of the credibility of the Customer.

6.5 It is specifically understood that the payment options provided by the website will not in any way make the website liable or responsible in case of non-receipt of ordered items; non-payment by banks; breach of contract; damages; non-provision of warranty etc. for the products published in the website. No claims, whatsoever, will be entertained in this regard.

CONDITIONS FOR SHIPPING AND DELIVERY:

7.1. The responsibility of shipping and delivery of the products purchased by the Customers is vested with the Sellers through their logistic partners/courier services. The Sellers will take best efforts to satisfy the Customers by prompt and timely deliveries of the product. However, this website disclaims any liability or responsibility in case of any delay, damage or non-delivery of the products whatsoever. A nominal delivery fee is charged on all Cash On Delivery (COD) orders on behalf of the Seller and these COD charges are published clearly under each product.

7.2 The logistic/courier partners supported by Oyeshop on behalf of the Sellers will make three attempts maximum to deliver the Products to the consignee. In the eventuality of the Package being denied or the consignee is not reachable for any reason, the respective Seller reserves the right to cancel the order(s) at their own discretion.

7.3 The website notifies the Customers that delays are inevitable in effecting prompt deliveries by reasons of flight delays; bad weather; riots, disorders or political vendetta and such other unforeseen circumstances, whatsoever. In such eventualities, the Customer has no rights to claim refund or damages.

7.4 Deliveries of products will be made only inside India and its boundaries.

7.5 In the case of Shipping and Delivery procedure for the products, the conditions stipulated by this website at the Shipping Policy page will be final and binding the Sellers and Customers. The Customers cannot claim any damages, refunds or any compensation whatsoever, other than as stipulated in these Rules. 

CONDITIONS OF RETURN, REPLACEMENT OF PRODUCTS AND REFUNDS:

8.1 This website has elaborately published the Rules, Regulations and Procedure to be adopted in respect of Return of the Products, Replacement and Refunds in a separate web page titled Return and Refund. These rules shall be final and conclusive in respect of these activities as stipulated from time to time.

8.2 Oyeshop will not be held responsible, liable or accountable in respect of any activities that do not come under the purview of the stipulated Rules, Regulations and Procedure; no penal action lies in case of such activities for the Customers. 

CONDITIONS OF CANCELLATION OF ORDERS:

9.1 The Rules, Regulations and Procedures for Cancellation of Orders placed by Customers with this website have been explicitly published by Oyeshop at the appropriate web pages. These rules shall be followed in words and spirits by the Customers on all purchasing activities carried out by them.

9.2 It is clearly understood that beyond the above rules, Oyeshop cannot be held responsible or liable for any actions whatsoever and no penal action lies in respect of such claims by the Customers.

USER CONDUCT AND RULES TO BE FOLLOWED:

10.1 The Customers using this website are governed by the Rules, Regulations and Procedures stipulated by this website explicitly. Failure to abide by these rules will entail penal action as deemed necessary at the sole discretion of Oyeshop and appropriate action will be initiated against the erring Customers, as permitted under the Law.

STIPULATIONS FOR INTELLECTUAL PROPERTY RIGHTS:

11.1 The contents of this website, text, graphics, photos, videos, visual interfaces, user interfaces, artwork, sounds and music etc. including computer code are protected under the Laws of Copyright enforceable in India as Intellectual Property owned and possessed by Oyeshop and the Sellers. Therefore, any infringement, violation, fraudulent absorption and copying will be viewed very seriously and will be dealt with accordingly as permitted under the Law.

11.2 Customers by virtue of abiding by this Terms of Use confirm and agree that no Intellectual Property Rights owned by this website will be infringed, transferred and exchanged during their use of this website.

11.3 Every User of this website unconditionally grant by accessing and usage of this website, full, complete, irrevocable, perpetual and royalty-free worldwide sub-licensable license and right to Oyeshop to use, publish, share, copy, reproduce, adapt or modify any content created or provided by the Customer and there shall be no liability for any infringement whatsoever.

GUARANTEES OF INDEMNITY:

12.1 By virtue of accessing and usage of this website, the User hereby undertakes to indemnify Oyeshop and their assigns, as the case may be, from and against all sorts of claims, liabilities, losses, legal proceedings, law suits, damages, demands, penalties, costs and expenses etc. and Oyeshop will not under any circumstances entertain those claims, present and future included.

USE OF CONTENT:

13.1 The User of this website specifically undertakes that they will conduct themselves in good faith and order and will not upload, display, publish, host, modify, share or transmit any information or content that is -

a) Grossly harmful, illegal, illegitimate, fraudulent, defamatory, pornographic, obscene, invading and infringing into another person’s right
b) Racial, ethnically objectionable, or otherwise unlawful such as gambling, money laundering etc.
c) Disrupts, interferes or otherwise causes damage to the safety and security of this website, whatsoever.
d) Or violates the conditions stipulated in this Terms of Use in any manner.

13.2 The User undertakes and confirms that they will use this website for buying any product or item made available on it, only for their individual and personal use. Under no circumstances, the User will use the products for commercial purposes, resell and gain profit in any manner, whatsoever.

APPLICABLE LAW AND JURISDICTION:

The clauses enumerated in this Terms and Conditions stipulation shall be governed, constituted and interpreted in accordance with the Laws enacted in India. The Courts in New Delhi shall have exclusive, comprehensive and complete jurisdiction, in the event of any dispute, claims, legal proceedings and demand for damages, as the case may be.

APPLICABLE LAW AND JURISDICTION:

The Terms and Conditions enumerated herein by Oyeshop will be in full force and effect until and unless modified from time to time at the sole discretion of the website.

Force Majeure: If performance of any Service under these Terms by the Website is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the website, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the Website and could not have been prevented by reasonable precautions then the Website shall in toto be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the Website of its obligations herein.