Terms and Conditions

1. Introduction

These Terms and Conditions (the "Terms") constitute a legally binding agreement between you and WEARXTURE ("we," "our," or "us") regarding your use of the WEARXTURE website, mobile application, and any other online services (collectively, the "Services").

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our website. Your continued use of our Services following the posting of revised Terms means that you accept and agree to the changes.

2. Definitions

Throughout these Terms, we use certain terms with specific meanings:

3. Account Registration

3.1 Account Creation

To place orders and access certain features of our Services, you may need to create an account. When creating an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Security

You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage resulting from your failure to comply with this security obligation.

3.3 Account Termination

We reserve the right to suspend or terminate your account and access to our Services at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

4. Products and Orders

4.1 Product Information

We strive to display our Products and their colors as accurately as possible. However, we cannot guarantee that your computer or mobile device's display of any color will be accurate. All descriptions, images, references, features, content, specifications, and prices of Products are subject to change at any time without notice.

4.2 Product Availability

All Products are subject to availability. We reserve the right to discontinue any Product at any time. If a Product is unavailable after you place an order, we will notify you and provide options for alternative Products or a refund.

4.3 Ordering Process

By placing an order, you are making an offer to purchase the Products at the listed price, plus applicable taxes and shipping charges. We reserve the right to accept or decline your order at our sole discretion.

4.4 Order Confirmation

After you place an order, you will receive an order confirmation email. This email acknowledges that we have received your order but does not constitute acceptance of your order. An order is not accepted until we send you a shipping confirmation email.

4.5 Order Cancellation

You may cancel an order before it is shipped. Once an order has been shipped, you must follow our Return Policy for returns or exchanges. We reserve the right to cancel any order at our discretion, including in cases of pricing errors, product unavailability, or suspected fraud.

5. Pricing and Payment

5.1 Prices

All prices are displayed in Indian Rupees (INR) and are inclusive of applicable taxes but exclusive of shipping charges. Shipping charges will be calculated and displayed during the checkout process.

5.2 Price Changes

We reserve the right to change prices for Products at any time. The price applicable to your order will be the price displayed at the time you place your order.

5.3 Pricing Errors

Despite our best efforts, some Products may be incorrectly priced on our website. If we discover a pricing error for a Product you have ordered, we will inform you and give you the option to continue with the order at the correct price or cancel the order.

5.4 Payment Methods

We accept the following payment methods:

• Credit and Debit Cards (Visa, MasterCard, American Express, RuPay)
• UPI
• Net Banking
• Digital Wallets (PhonePe, Google Pay, Paytm)
• Cash on Delivery (COD) (for eligible orders)

5.5 Payment Processing

Payment information is encrypted and securely processed through our payment service providers. We do not store your complete payment information on our servers.

6. Shipping and Delivery

6.1 Shipping Options

We offer standard shipping throughout India. Shipping options, timeframes, and costs will be displayed during the checkout process.

6.2 Delivery Timeframes

Estimated delivery timeframes are provided during checkout. These are estimates only and not guaranteed delivery dates. Factors such as payment verification, order processing, and delivery location may affect actual delivery times.

6.3 Shipping Restrictions

We may not be able to ship to certain locations. If we are unable to ship to your location, we will notify you during the checkout process or after you place your order.

6.4 Delivery Confirmation

You are responsible for ensuring that someone is available to receive and sign for the package (if required). If no one is available to receive the package, the delivery carrier may leave a notice and attempt delivery again or hold the package for pickup.

7. Returns and Refunds

Our Return Policy is incorporated into these Terms by reference. Please refer to our Return Policy for details on returns, exchanges, and refunds.

8. Intellectual Property

8.1 Ownership

All Content on our Services, including but not limited to text, graphics, logos, images, designs, photographs, videos, illustrations, and software, is owned by WEARXTURE or our licensors and is protected by copyright, trademark, and other intellectual property laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for personal, non-commercial purposes. This license does not include the right to:

• Modify, reproduce, or distribute any Content from our Services
• Use our Services or Content for commercial purposes
• Attempt to decompile or reverse engineer any software contained in our Services
• Remove any copyright or other proprietary notations from the Content
• Transfer the Content to another person or "mirror" the Content on any other server

8.3 Trademark

WEARXTURE, our logo, and other marks, graphics, logos, and icons are registered or unregistered trademarks of WEARXTURE. You may not use these trademarks without our prior written consent.

9. User Conduct

When using our Services, you agree not to:

• Violate any applicable law, regulation, or these Terms
• Use our Services for any illegal purpose
• Attempt to gain unauthorized access to any portion of our Services
• Interfere with the proper functioning of our Services
• Engage in any activity that disrupts or interferes with our Services
• Submit false or misleading information
• Impersonate any person or entity
• Collect or store personal data about other users
• Use any device, software, or process to interfere with the proper functioning of our Services
• Introduce any viruses, Trojan horses, worms, or other malicious code to our Services

10. User-Generated Content

10.1 Reviews and Comments

Our Services may allow you to post reviews, comments, and other content. By posting content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

10.2 Content Guidelines

You agree that content you post will not:

• Be false, misleading, or inaccurate
• Infringe any third-party's copyright, patent, trademark, trade secret, or other proprietary rights
• Violate any law or regulation
• Be defamatory, obscene, threatening, abusive, or hateful
• Contain any viruses, worms, or other malicious code

10.3 Content Monitoring

We do not regularly review posted content but reserve the right to monitor, edit, or remove any content at our sole discretion.

11. Limitation of Liability

To the maximum extent permitted by law, WEARXTURE, our directors, employees, and agents will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, or use, arising out of or in any way connected with your use of our Services.

Our liability is limited to the maximum extent permitted by law and shall not exceed the amount you paid for the specific Products giving rise to the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless WEARXTURE, our affiliates, and our respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our Services.

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

13.2 Dispute Resolution Process

Any dispute arising from or relating to these Terms or your use of our Services shall be resolved through the following process:

1. Informal Resolution: We encourage you to contact us directly to resolve any disputes.
2. Formal Dispute: If informal resolution is unsuccessful, any dispute shall be resolved through arbitration in accordance with the Arbitration and Conciliation Act, 1996 of India.

13.3 Venue

Any legal proceedings shall be brought exclusively in the courts of New Delhi, India, and you consent to the jurisdiction of such courts.

14. Termination

We reserve the right to terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms.

All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and Return Policy, constitute the entire agreement between you and WEARXTURE regarding your use of our Services and supersede all prior agreements and understandings.

17. Contact Information

If you have any questions about these Terms, please contact us at:

Email: legal@wearxture.com

Address: WEARXTURE, Sector 62, Noida, Uttar Pradesh, India