Terms and Conditions

You (“you” or “End User” or “your” or “Buyer” or “Customer”) are required to read and accept all of the terms and conditions laid down in these Terms and Conditions (“Terms and Conditions” or “TERMS AND CONDITIONS” or “Terms” or “Agreement”) and the linked Privacy Policy, before you may use www.sykefit.com (hereinafter referred to as “Site” or “Ethnic Plus” or “we” or “our”). The Site allows you to browse, select, and purchase Clothing and Accessories (“Goods” or “Products” or “Services”).

Your use of this website, www.sykefit.com (hereinafter referred to as the “Site”), and its related sites, services, and tools These TERMS AND CONDITIONS are effective upon acceptance and govern the relationship between you and Ethnic Plus, a Private Limited Company having its registered office at Plot No. 1599, Kalyan Vihar, Patia, Bhubaneswar, ODISHA, 751024 (hereinafter the “Firm”) including the sale and supply of any Products on the Site. If these TERMS AND CONDITIONS conflict with any other document, the TERMS AND CONDITIONS will prevail for the purposes of usage of the Site. If you do not agree to be bound by these TERMS AND CONDITIONS and the Privacy Policy, you may not use the Site in any way. For the purposes of these TERMS AND CONDITIONS, the term ‘Acceptance’ shall mean your affirmative action by clicking on the ‘check box' and on the ‘continue button’ as provided on the registration page, or such other actions that imply your acceptance.

The Firm may amend this Agreement and/or the Privacy Policy at any time by posting a revised version on the Site. All updates and amendments shall be notified to you via posts on the website or through e-mail. The revised version will be effective at the time we post it on the Site, and in the event, you continue to use our Site, you are impliedly agreeing to the revised TERMS AND CONDITIONS and Privacy Policy expressed herein.

In addition, if the revised version of this Agreement includes a Substantial Change, we will provide you with 30 days prior notice of such a substantial change as per the Notification Preferences provided by you. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this Agreement. For the purpose of this Agreement, the term “Substantial Change” means a change to the terms of this Agreement that materially reduces your rights or increases your responsibilities.

Please read these terms and conditions carefully. These terms & conditions, as modified or amended from time to time, are a binding contract between the Firm and you. If you visit, use, or shop at the site (or any future site operated by the Firm, you accept these terms and conditions). In addition, when you use any current or future services of the Firm or visit or purchase from any business affiliated with the Firm or third-party vendors, whether or not included in the site, you will also be subject to the guidelines and conditions applicable to such service or merchant. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will prevail.

If these Terms and Conditions conflict with any other document, the Terms and Conditions will prevail for the purposes of usage of the Site. As a condition of purchase, the Site requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. You can opt out of our promotional emails at any time by clicking the UNSUBSCRIBE link at the bottom of any of our email correspondences. Please see our Privacy Policy for details. We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS/MMS sent to you. The offers made in those promotional emails or SMS/MMS shall be subject to change at the sole discretion of the Firm. The Firm has no responsibility to provide you with any information regarding such a change. By placing an order, you make an offer to us to purchase products you have selected based on standard Site restrictions, Merchant specific restrictions, and the terms and conditions stated below. You are required to create an account in order to purchase any product from the Site. This is required so we can provide you with easy access to print your orders and view your past purchases.

The Site/Firm takes no responsibility for the services or products that are sold or supplied by third-party vendors. The Firm makes no warranty to their end users for the quality, safety, usability, or another aspect of a product or service that is supplied by a Merchant and/for some services or activities that involve potential bodily harm, and for those activities, the Firm takes no responsibility for the service or activity being offered, and the End User takes responsibility for his or her own actions in utilizing those services.

Description of Services

On the Site, We provide users with access to clothing and accessories that can be purchased at the price mentioned on the site.

General

This Agreement sets forth the terms and conditions that apply to the use of the Site by the User. By using this Site, the User agrees to comply with all of the TERMS AND CONDITIONS hereof. The right to use the Site is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of their password(s), if any. The User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Firm, and the Firm shall not be responsible for any data lost while transmitting information on the Internet. While it is the Firm’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason, including, without limitation, routine maintenance. You understand and acknowledge that, due to circumstances both within and outside of the control of the Firm, access to the Site may be interrupted, suspended, or terminated from time to time. The Firm shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use. Further, the Firm may discontinue disseminating any portion of information or category of information, change or eliminate any transmission method, and change transmission speeds or other signal characteristics.

Your Account

In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current, and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, We have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, including in cases when it is being used by any of your family members, friends, or relatives, whether a minor or an adult. You further agree to accept responsibility for all transactions made from your account, and any dispute arising out of any misuse of your account, whether by any family member, friend, relative, third party, or otherwise, shall not be entertained by the Firm. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion. Access to and use of password-protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

Your Information (or any items listed)

"Your Information" is defined as any information you provide to us or other users of the Site in the registration process, in the feedback area, bulletin board, chat service, etc., or through any e-mail feature. You are solely responsible for Your Information, and in accordance with certain features of the Site, we (Sykefit) may only act as a passive conduit for the 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: (a) belongs to another person and to which You do not have any right to; (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially or ethnically objectionable, disparaging, relating to encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (c) harm minors in any way;  (d) infringes any patent, trademark, copyright or other proprietary rights; (e) violates any law for the time being in force; (f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonates another person; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offense, prevents investigation of any offense, or insults any other nation. (j) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. The Site may provide Users with the ability to send email messages to other Users and non-users and to post messages on the Site. We are under no obligation to review any messages, information, or content (“Postings”) posted on the Site by users and assume no responsibility or liability relating to any such Postings. Notwithstanding the above, We may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or posting that violates the provisions of this clause. Solely to enable us to use the information you supply us with, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your Information in accordance with this Agreement and/or our Privacy Policy.

Equipment

The User shall be responsible for obtaining and maintaining telephone, computer hardware, and other equipment needed for access to and use of the Site and all charges related thereto. The Firm shall not be liable for any damages to the User's equipment resulting from the use of the Site.

Colours

While we have made every effort to display as accurately as possible the colours of the products that appear on the Site, we cannot guarantee that your monitor's or screen’s display of any colour will be completely accurate, as computer monitors and screens of electronic devices vary.

Electronic Communications

When You use the Site or send emails or other data, information, or communication to us, You agree and understand that You are communicating with us through electronic records, and You consent to receive communications via electronic records from us periodically and as and when required. We will communicate with You by email or by an electronic record on our site, which will be deemed adequate service of notice / electronic record.

Links

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, do not endorse them, and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Additionally, you acknowledge and agree that we shall not be liable, directly or indirectly, for any harm or loss resulting from or alleged to result from the use of or reliance on any such content, goods, or services made available on or through any such site or resource.

Pricing Information in case of sale by us

We strive to provide you with the best prices possible on products and/or services you buy from us, however, We do not guarantee that the price will be the lowest in the city, region, or geography. Prices and availability are subject to change without prior notice. 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 pricing is subject to our pricing policy, and the prices shall be determined only at our sole discretion.

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 from your credit card account. The payment may be processed prior to our dispatch of the product that you have ordered. If we cancel the order after processing the payment, the said amount will be refunded to your credit card account. No refunds shall be applicable on the orders made by the User under the Cash on Delivery (“COD”) option.

Cancellation by Us

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, the said amount will be refunded to your Card Account.

Cancellations by the User

In the case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. As part of our 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. A request for cancellation of an order shall be valid and accepted only if it is made within 24 (twenty-four) hours of making the order on the Site. We will not be able to cancel orders that have already been processed or orders for which a request for cancellation is made after the expiry of 24 (twenty hours) from making the order. We have the full right to decide whether an order has been processed or not. The User agrees not to dispute the decision made by us and accepts our decision regarding the cancellation.

Fraudulent /Declined Transactions

We may constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing our services fraudulently shall be liable for legal actions under applicable law, and we reserve the right to recover the cost of goods, collection charges, and lawyers' fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to the initiation of legal action, We reserve the right to immediately delete such account and dishonor all past and pending orders without any liability. For the purpose of this clause, we shall have no liability for any refunds.

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 the Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

Credit Card Details

You agree, understand, and confirm that the credit card details provided by you for availing of services on the Site will be correct and accurate, and you shall not use a credit card that is not lawfully owned by you, i.e., in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to us. Further, the said information will not be utilized or shared by us with any of the third parties unless required for fraud verifications or by law, regulation, or court order. We will not be liable for any credit card fraud. The liability for fraudulent use of a card will be on you, and the onus to 'prove otherwise' shall be exclusively on you.

Disclaimer of Warranty

All content, products, and services on the site, or obtained from a website to which the site is linked (a "Linked site") are provided to you "As is" 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. 

Limitation of Liability

You expressly understand and agree that the firm and its subsidiaries, affiliates, officers, employees, agents, shareholders, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, opportunity, goodwill, use, data or other intangible losses (even if the firm has been advised of the possibility of such damages), resulting from use of the site, sale, and supply of goods content or any related/unrelated services and other services offered on the site from time to time.

Billing

The price of our merchandise is inclusive of tax. The tax charged shall depend on the destination to which the order has to be shipped. The tax rate applied to the order will be the combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. We reserve the right to collect taxes on shipping charges wherever applicable.

Duration of Sale

Each sale shall last from 24 to 72 hours only, and the time of the beginning of the sale is 1100 IST. Therefore, it is the customer’s responsibility to log in earlier if they want to avail themselves of better products or styles because our sales are “first come, first served”. The merchandise is not restocked once it is sold out. No information regarding the presence of any Product in our stock will be given, and we will alert you only when an item is sold out. We do not accept returns or exchanges on the items you purchased in a festive offer/Sale.

Delivery

We (Sykefit) endeavor but do not guarantee to deliver the products to Users within 3-4 weeks from the day of the close of the sale, depending upon the shipping location. Factors include delays in delivery through the courier partner, transporters’ strike, etc. We reserve the right to make delivery of the goods in installments. If the goods are to be delivered in installments, each delivery will constitute a separate contract. You may not treat the contract as a whole as repudiated if we fail to deliver any one or more of the installments or if you have a claim in respect of any one or more of the installments. If you fail to take delivery of the goods, we may, at our discretion, charge you for the additional shipping cost.

Please note that we insure each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a third-party recipient for delivery purposes (for example, as a gift), then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by us of our obligation and transfer of responsibility in the same way. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. We are not responsible for any delays caused by third party delivery agencies and/or due to the time required for statutory clearances during the delivery process.

In the event that we are unable to deliver the confirmed order(s) as mentioned hereinabove and the payment for such order(s) has been made by you through your credit/debit card, the amount paid by you while placing the order(s) on the Site will be reversed back into your card account. No refunds shall be applicable on the orders made by the Users under the Cash on Delivery (“COD”) option.

Customization Offer

1. The basic silhouette cannot be changed.  

2. Customization will be accepted in terms of adding a plain sleeve, covering a sheer part, measurements, and colour change.

3. All customization will be subject to availability.

4. All custom-made orders will be non-refundable/exchangeable.

5. Sykefit has the right to cancel or withdraw the offer at any given point in time without prior notification.