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Terms and conditions

Please read the following terms and conditions very carefully as your use of our service is subject to your acceptance of and compliance with the following terms and conditions ("Terms").

By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services. These Terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000.

In these Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website, "Service Providers" mean independent third party service providers, and "we", "us" and "our" shall mean Kumar International Apparel Retail Associates (K.I.A.R.A.) and its affiliates.

Introduction:

(A) www.expertstitch.com ("Website") is an Internet based content and e-commerce portal owned and operated by Kumar International Apparel Retail Associates, Hisar

(B) Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. www.expertstitch.com at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.

User Account, Password, and Security:

You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to

(A) immediately notify expertstitch.com of any unauthorized use of your password or account or any other breach of security, and

(B) ensure that you exit from your account at the end of each session. www.expertstitch.com cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

Services Offered:

www.expertstitch.com provides a number of Internet-based services through the Website (all such services, collectively, the "Service"). One such service enables users to purchase merchandise such as clothing, gift cards and accessories (collectively, "Products"). The Products can be purchased through the Website through various methods of payments offered.

The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, return policy, etc. (which are found on the following URL http://www.expertstitch.com/return-policy ), and all of which are incorporated here by reference. In addition, these terms and policies may be further supplemented by Product specific conditions, which may be displayed on the webpage of that Product.

Privacy Policy: :

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of www.expertstitch.com. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.

Limited User:

The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that 'expertstitch' name is stated as the source and prior written permission of www.expertstitch.com is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

User Conduct and Rules:

You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:

(A) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;

(B) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

(C) upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;

(D) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;

(E) conduct or forward surveys, contests, pyramid schemes or chain letters;

(F) download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;

(G) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

(H) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

(I) violate any applicable laws or regulations for the time being in force in or outside India; and

(J) violate, abuse, unethically manipulate or exploit, any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere.

User Warranty and Representation:

The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by www.expertstitch.com.

Purchase Policy

Agreement to Purchase

For the graphical images used in the garment designer, we have made an effort to illustrate your garment designs as close as possible to what the finished dress garments will look like. However, these graphical images are for visualization only, especially as the colours vary in accordance with the quality of your computer screen. The products you receive may differ slightly from the images in the garment designer. Our website tries to be as accurate as possible. However, we do not warrant that the product description or other content of this site is accurate, complete, reliable, current, or error - free.

Tolerances:

The body measurements that you provide are slightly adjusted to the selected fit (slim or regular) during production. The measurements taken from the garment that you provide are not adjusted during production, so the measurements of your new garment should be the same as your original garment, however, we can, of course, not guarantee that the seams and the design will be identical to your original garment. Please also note that we add a certain amount of fabric to our garments during production to adjust for the shrinkage that can occur during the first few washes of a garment. The amount added depends very much on the fabric itself and can therefore vary. Should any other problems occur, please contact us so we can find a solution together.

We are continuously improving the quality of our fabrics. Consequently, garments made from the same fabric but different rolls may vary a little due to normal variations in the processes of weaving and dyeing. This is the reason why sometimes two garments can differ slightly, especially if they are ordered at different times. Please be aware that sometimes there are visible chalk or tailoring ink marks on our garments which will dissolve after the first washing.

Warranty:

Expert Stitch does not owe any warranty regarding the fabric or any product. Expert Stitch further will not be liable for any product, stitching quality, color fading, fabric pilling or any other defect like shrinkage etc.

Orders, Prohibition on Reselling:

The information on this site does not constitute a binding offer to sell products described on the site or to make such products available in your area. Expert Stitch may make changes to any products or services offered on the site, or to the applicable prices for any such products or services, at any time, without notice. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, at our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from this site for resale by you or any other person, and you may not resell any item purchased from this site.

Pricing:

The prices displayed on the site are quoted in INR and are intended to be valid and effective only in India. The price of our merchandise is inclusive of the VAT, if applicable. We reserve the right to collect taxes for shipping wherever applicable.

Payments:

Payments may be made by Master Card, Visa and Netbanking. The safety of your Credit Card information is of paramount importance to us. We do not store any credit card information and your payment details are automatically encrypted when you enter them. Upon receiving your order we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Products will not be dispatched, and services will not be performed, until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.

In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account.

Purchases; Other Terms & Conditions:

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the site or for any service offered on or through the site, the latter terms shall control with respect to your use of that portion of the site or the specific service.

Expert Stitch's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this site should be construed to alter such agreements. Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the site.

Exactness Not Guaranteed:

www.expertstitch.com hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as the size, color etc. may be required due to limitations caused by availability of product. In this instance you agree that www.expertstitch.com will send an approval request via the email address, which you submitted when placing your order.

If you do not agree with the requested change you retain the right to reject the requested production change by replying to it within 10 days of it being sent to you. www.expertstitch.com may re-request that you accept a production alteration one additional time if an alternative method to send your merchandise is available. If you reject this 2nd request your order will be cancelled and you will be fully refunded via your initial method of payment/store credits.

Product Description:

ExpertStitch offers custom clothing for men. On the Website you will find detailed product descriptions and 3D visualizations of the products that can be acquired. While we try to accurately display the colors of our products on the Website, the actual colors you see depend on your monitor and settings of your screen, and we thus cannot guarantee that the colors displayed by your monitor will be exactly the same color of the product at the time of delivery and / or receiving:

The variations in manufacturing processes, the settings of your monitor and your computer hardware can affect fabrics and product designs, which means that the delivered products may be slightly different in appearance to those shown and described on the Website;

All products / fabrics of ExpertStitch are subject to availability, which means that we cannot always deliver the order. We will inform you as soon as possible, if the product you have requested is not available and, if you agree so, we may offer an alternative product of equivalent or higher quality, or of equal value;(time for giving information)

Please keep in mind that your order will only be processed if you have placed the order correctly and we received authorization from your payment card.

www.expertstitch.com provides product description that is as accurate as possible. However, www.expertstitch.com does not warrant that product description or other content of this site is 100% accurate, complete, or error-free. The customization application is a mere representation of the product being purchased; The final garment may differ slightly from that of the image being designed.

Measurements:

You can store the measurements of your custom garments on your account for future reference. The account will help you save multiple measurement profiles with the option of choosing any while placing your order. When a customer provides us their body measurements, we add a "breathing" margin based on the selected fit.

Send A Garment:

www.expertstitch.com is not responsible for any damage / loss to your garment while in transit to our assigned address. The garment will be returned along with your order, and in the same condition as received. The typical lead time for delivery of the product from the time of order is 15 working days. However the delivery time may vary depending upon several factors that are beyond our control.

Intellectual Property Rights:

(A) Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, www.expertstitch.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to www.expertstitch.com without obtaining authorization from www.expertstitch.com.

(B)Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.

Links to Third Party Sites:

The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of www.expertstitch.com or the Website and www.expertstitch.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. www.expertstitch.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site.

www.expertstitch.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by www.expertstitch.com or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information. You further acknowledge and agree that Expert Stitch shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Disclaimer of Warranties/Limitation of Liability:

www.expertstitch.com has endeavored to ensure that all the information on the Website is correct, but www.expertstitch.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall www.expertstitch.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services or Products; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall www.expertstitch.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, www.expertstitch.com shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond expertstitch's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against Expert Stitch for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.

Expert Stitch reserves the right to do any of the following, at any time, without notice:

  • to modify, suspend or terminate operation of or access to the site, or any portion of the site, for any reason.
  • to modify or change the site, or any portion of the site, and any applicable policies or terms.
  • to interrupt the operation of the site, or any portion of the site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Indemnification:

You agree to indemnify, defend and hold harmless Expert Stitch and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys fees and court costs, arising or resulting from your use of the site and any violation of these Terms of Use. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorney’s fee and court costs, arising or resulting from that disruption. Expert Stitch reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case you agree to cooperate with Expert Stitch in the defense of such matter.

Shipping:

Title and risk of loss for all products ordered by you shall pass on to you upon expertstitch's shipment to the shipping carrier.

Delivery:

All products are made to order. Delivery time will vary from product to product and season to season and cannot be guaranteed. An indicative time period is approximately 10-15 days including shipping. For further details, please read our Shipping and Delivery Policy .

Alterations, Returns & Cancellation

Alteration Policy:

On the first fitting, if the garment does not fit quite right, we will complete all reasonable alterations to provide a well fitted garment. However we reserve the right to refuse alterations if we consider the garment to fit appropriately.

Conditions:

Instances where we will not cover alteration costs include:

  • If the alteration is directly related to a change in order requirement from the Customer once the garment has already been produced.
  • If the Customer goes against the recommendation or measurement confirmed to us and insists on a particular measurement or style.
  • If the Customer's measurements have changed from the date of measurement to the date of fitting.
  • If the Customer's measurements change down the track - we do not provide a fit guarantee for the lifetime of the garment.

Returns:

We do not provide refund on any garments sold. Garments once sold can be replaced/altered only in case of a manufacturing error or if it is covered under our policy. Since we keep limited inventory, we may not always have the same item that you purchased available with us. Hence we may not be able to replace it for you. In that case, we will provide you with a store credit, which you can adjust the next time you shop with us. We do not permit exchange of a garment purchased from our site. To return a garment, the customer must write to us at customerservice@ExpertStitch.com, a prompt response is assured to such mails. We are not liable for any damages caused to the garment during transit. Our terms and conditions pertaining to returns and exchange can be accessed through this link and we hereby assume that the same has been read and agreed by you. (Return policy under FAQS)

For the purpose of this clause, store credit means credit issued to your account for the entire purchase amount less the shipping costs. Your account credit can be used towards your next purchase with Expert Stitch.

Cancellation Policy:

To ensure quick delivery service, we put our garments into production as quickly as we can. As long as your order is not in production, you can change or cancel the order by contacting us.

The company reserves the right to cancel any order if any account information submitted by the user is found to be suspect. 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 cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department 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 cancelled or if additional information is required to accept your order.

If your order is cancelled after your credit card has been charged, we will issue a store credit to compensate you. You can use this credit the next time you shop with us.

Redemption of Store Credits and Vouchers

Store Credits

In case of order cancellation, returns in compliance with our return policy or lost shipments, we shall provide you with store credits as compensation. You can adjust these store credits against your next order with us. You can always view your available credits in your Expert Stitch account.

The company reserves the right to cancel any order if any account information submitted by the user is found to be suspect. 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 cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department 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 cancelled or if additional information is required to accept your order.

Vouchers

We may issue the customer certain vouchers from time to time. These vouchers can be used the next time you shop with us. You can view your available vouchers any time in your Expert Stitch account. We allow only one voucher to be redeemed per order. Vouchers cannot be used in parts and have to be used as a whole only. Each voucher type has its own expiry and own set of terms and conditions.

Send a Garment Vouchers: These vouchers are given to the customer on the receipt of the customer's benchmark garment for measurement. These vouchers are given to meet the courier cost (subject to a maximum of Rs.100/-), if borne by the customer. On receipt of your sample garment, we will credit your account with a Send A Garment voucher of Rs. 100. This voucher can be redeemed by you on your next purchase on our website. Send A Garment vouchers have an expiry of 180 days, after which you will not be able to redeem it against any order.

We may launch additional voucher schemes from time to time, with different terms than the ones listed above. We also reserve the right to discontinue any voucher scheme without any intimation to the customer other than the update of these terms and conditions.

Dicount Coupons/Codes or other Promotional Vouchers

There are other types of limited period vouchers or discount coupons/codes which can be issued, or cancelled by us as part of any campaign or scheme. The terms for these campaigns will be decided by us at the time of the campaign and these should be acceptable to you.

While participating in our promotional campaign(s), as mentioned hereinabove, you hereby agree to release and hold Expert Stitch (and its owners, officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, including but not limited to reasonable attorneys' fees, or arising out of or related to your participation in the said promotion.

Termination

(A) www.expertstitch.com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.

(B)Notwithstanding the point a) above, these Terms will survive indefinitely unless and until www.expertstitch.com chooses to terminate them.

(C)If you or www.expertstitch.com terminates your use of the Website or any Service, www.expertstitch.com may delete any content or other materials relating to your use of the Service and www.expertstitch.com will have no liability to you or any third party for doing so.

(D) You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.

Website Operations

Accuracy, Completeness and Timeliness of Information on this site

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site. The materials on the site with respect to products and services may be out of date, and Expert Stitch makes no commitment to update the materials on the site with respect to such products and services.

Inaccuracies and Typographical Errors

The information of the Expert Stitch website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you.

Notification of Changes

Expert Stitch reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will update the information with the updated last date of amendment. Our Terms may be amended as needed and done so without direct notice outside of this document. You are therefore advised to re-read this statement on a regular basis.

Cookies

Like most interactive websites our website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Force Majeure

In case of force majeure the agreement can either be considered as judicially cancelled with neither customer nor Expert Stitch being entitled to any compensation or the delivery time(s) can be extended with the currency of the force majeure. Expert Stitch considers force majeure as: war, mobilization, terror acts, blockade stagnation of work, transport obstructions, measures of commercial policy, new or amended legislation, strikes, the non-delivery or non due deliveries of the goods by suppliers to Expert Stitch, natural catastrophes and any circumstances, events and circumstances that are beyond our control.

Electronic Communication

When you use the site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, SMS or by posting notices on the site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Governing Law

The laws of India govern these Terms of Use and your use of the site, and you irrevocably consent to the jurisdiction of Hisar court for any action arising out of or relating to these Terms of Use. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the country of India. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Severability

If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.

Report Abuse

As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to info@expertstitch.com.