Terms & conditions of Usage of Website

Terms and Conditions of usage of the websites: “www.swapfashions.com” and “www.swapfashions.in”, between:
Swap Fashions, a sole proprietorship of Mrs. Stuti Jain, having its office at: 15/16, Karamchand Mansion, Barrack Road, Marine Lines, Mumbai – 400 020 (hereinafter referred to as “SF”) and You, the User of these websites:
If you continue to browse and use these websites, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy, govern SF’s relationship with you in relation to the websites.
The term “us” or “we” refers to SF, and the term “you” refers to the user or viewer of this website.
The use of the websites is subject to the following terms and conditions:
1. The websites located at www.swapfashions.com and www.swapfashions.in (“Websites”) are owned and operated by SF. SF provides website features and other products and services to you when you visit, swap items on the Websites, use SF’s services, access the Websites from your mobile devices, or use software(s) provided by SF in connection with any of the foregoing (“Services” collectively). SF provides its products and services subject to these Terms of Use.
2. You accept that visitor/user to the Websites are required to read the below terms, and use of the websites constitute your acceptance and agreement to be bound by such terms, and the changes therein from time to time, relating to your usage of the Websites as communicated or made available on the Websites.
3. You are aware and you accept that all information, content, materials, products (including, but not limited to text, content, photographs, graphics, video and audio content) on the websites are protected by copyright either in the favour of SF, or third parties from whom the appropriate permissions have been taken under applicable copyright laws and/or under general intellectual property law.
4. Except for your own personal and non-commercial use, you agree that you shall not copy, reproduce, sell, redistribute, publish, enter into a database, display, perform, modify, transmit, license, create derivatives from, transfer or in any way exploit any part of any information, content, materials, services available from or through the Websites.
5. You agree that you will not use the Websites for any purpose that is unlawful or prohibited by these Terms. You also agree you will not use the Websites in any manner that could damage, disable or impair the Websites or interfere with any other party’s use, legal rights, or enjoyment of the Websites.
6. You acknowledge that the software and hardware underlying the Websites as well as other Internet related software which are required for accessing the Websites are the legal property of either SF or its respective third-party vendors. The permission given by SF to access the Websites will not convey any proprietary or ownership rights in the above software/hardware. You agree that you shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software/hardware underlying the Websites or create any derivative product based on such software/hardware.
7. You understand and accept that not all the products and Services offered on these Websites are available in all geographic areas and you may not be eligible for all the products or Services offered by SF on the Websites. SF reserves the right to determine the availability and eligibility for any product or service offered in the Websites.
8. You understand and accept that SF is not responsible for the availability of content or other services on third party sites linked from the Websites. You are aware that access of hyperlinks to other internet sites are at your own risk and the content, accuracy, opinions expressed, and other links provided by these sites are not verified, monitored or endorsed by SF in any way. SF does not make any warranties and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non-infringement with respect to any information or services or products that are available or advertised or sold through these third-party websites.
If performance is prevented, hindered or delayed by a Force Majeure event (as defined below), SF shall not be liable for any failure to perform any of its obligations under these terms and conditions or those applicable specifically to its Services/facilities, and in such case its obligations shall be suspended for so long as the Force Majeure event continues. “Force Majeure Event” means any event, due to any cause beyond the reasonable control of SF, including without limitations, unavailability of any communication systems, breach, or virus in the digital processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of god, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.
9. By using the Services provided through the Websites, you shall be deemed to have accepted the Terms and Conditions herein including the amended terms and conditions published on the Websites from time to time.
10. Additionally, by continuing using the Websites or Services of SF you are confirming that:
i. You are 18 years of age or older and where you are acting as Guardian on behalf of a minor, you have the necessary authority to register/sign up for the services on behalf of the minor.
ii. You have read and understood the Privacy Policy published on the Websites. The information you provide when you register on the Websites is true and correct.
iii. SF may contact you by phone and/or E-mail in connection with your registration. 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.
11. FOLLOWING ARE THE RULES TO THE FUCNTIONING OF SF’s SWAPPING AND UPCYCLING PROGRAM:
The following rules (“Rules”) govern your participation in our pre-owned fashion swapping and upcycling program (the “Program”) made available through our Websites. Participation in the Program constitutes your acceptance of these Rules, so please review carefully.
i. To get started, you must register and create a member account (“Account”). If you choose to create an Account, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by SF registration form. Registration data and certain other information about you are governed by our Privacy Policy.
ii. You can request for a free Swapping Kit upon registration to be sent to you for a free pick-up of your clothes. You can fill in as many of your preloved clothes/ accessories as you may like BUT NOT EXCEEDING 1 KG. As SF would be paying for a return of the filled-up Swapping Kit weighing 1kg, it is not SF’s liability if the Courier partner refuses to deliver the package to SF due to a weigh discrepancy. It will be your responsibility to pay any excess amounts as may be demanded by the courier partner to have the package delivered to SF.
iii. Once your parcel is ready, you need to log in to your Account on the Swap Fashions website and initiate a ‘RETURN’ of your Swapping Kit transaction. Our courier partner will have your package picked up on the same day or the next day. You need to ensure that the parcel is ready for a handover on both days. It is not SF’s liability if the parcel is not sealed well by you and the clothes therein get damaged while in transit.
iv. You can also send us your gently-used clothing/accessories on your own. Our shipping address is 15/16, Karamchand Mansion, Barrack Road, Marine Lines, Mumbai – 400020. SF is not responsible for any damage caused or loss of good that may occur during the delivery of the said package. It is your responsibility to provide accurate information on the said package, for SF to be able to get in touch with you.
v. After we receive the first parcel of your clothes and you have earned points, an exclusive Coupon Code will be emailed to you, which you can then use for requesting 2 more free Swapping Kits within a year from the Coupon generation. The Code will expire after a year irrespective of whether you have used it twice or not. Every member gets a different Code and you cannot use another member’s code for an additional Swapping Kit. Unused or ‘not completely used’ Codes are non-transferable.
vi. Clothing must be in excellent condition and free from stains, tears/rips/holes, odors, pilling, fading, stretching, missing/broken parts, or alterations. We will carefully inspect your items, determine which items are acceptable, and assign points to accepted items.
vii. WHAT WE ACCEPT
We only accept items in new or like-new condition with no stains, dirt, tears/rips/holes, odors, pilling, fading, stretching, missing/broken parts, or alterations. We accept:
• Ladies’ western wear
• Ladies’ salwar suits and other Indian traditional wear
• Costume jewellery
• Bags
viii. POINTS:
Points are based on a few key metrics including desirability, seasonality, condition, inventory and retail value. Points are not transferable and have no monetary value. Unused points cannot be reimbursed. Your points don’t expire as long as you have activity on your account at least once every 12 months. The expiration of your points will extend for another 12 months with any qualifying activity posted on your own SF account. In the event that you fall short of points at the time of checkout from the website, you can buy the shortfall from on the website where 1 Point = Re. 1. Only a shortfall can be purchased from the website, you cannot purchase points if your balance has reached zero.
Points are not your property and are not transferable to anyone by operation of law or otherwise. Points may not be transferred between accounts issued by us, may not be transferred upon death or as part of any domestic relations legal proceedings, and may not be brokered, bartered, sold or transferred in any way. Any attempted transaction of such sort will automatically be void. Anyone selling, purchasing, brokering, bartering, transferring, or altering Points, either wholly or partially, shall be liable for payment of the applicable full retail price of any rewards obtained with them, as well as all damages, including, but not limited to consequential damages, transaction costs, and litigation costs. Any brokered, bartered, altered, sold, or purchased Points shall likewise be void and may be deducted from your Points balance. Any violation of these provisions will result in termination of your eligibility to participate in the Program and forfeiture of unused Points.
ix. HANDLING FEE
There is a per-item handling fee of 25% (of the points) in INR on the item that you order from our website. Thus, every item available for swapping will have to be paid by Points + 25% Handling Fee (in INR).
x. UPCYCLING
If you submit items that are not accepted into the Program, we will send those items for our inhouse upcycling. You agree that we are authorized to perform this action on your behalf. If the item is deemed unfeasible even for upcycling, then the same will be donated to NGOs who collect clothes for recycling. You do not earn any points for an item which is sent for upcycling/ donation.
By sending us your items, you agree that we are authorized to perform the requested action on your behalf. We reserve the right to reject any submitted item that we believe may infringe on or otherwise violate the rights of any third parties or that does not comply with these Rules. Any determinations will be at our sole discretion and will be final. Failure to comply with these Rules may result in disqualification from the Program and we reserve the right to permanently disqualify any person it believes has intentionally violated these Rules.
xi. SALE OF UPCYCLED ITEMS
All our items for upcycling are listed on our site under the ‘Upcycled products’ category, which when clicked will direct you to www.swapfashions.in. You can purchase these upcycled products in INR only and cannot redeem your points against them. This category is ‘OPEN FOR ALL’ as you need not swap your clothes, or earn points to purchase the Upcycled products.
xii. TITLE TRANSFER
Should you elect to send us your items in exchange for points, good and valid title to the items will be transferred to us, free and clear of all liens. For the avoidance of doubt, as the owner of such items, we will have the right to use such items in any packaging, selling, advertising, marketing, promotion or for any other commercial or non-commercial purpose, without further payment or consideration to you. We are not responsible for the loss of any items sent to us by mistake, including items left in your belongings (e.g., cash or earrings left in a pocket you traded in). You are ultimately responsible for sending only what you originally intended to send to SF. As conditions of entry into this Program and by trading in your items, you represent and warrant that (i) you own beneficially and of record, and possess good and valid title to, such items, free and clear of all liens, (ii) you have all rights necessary to transfer good and valid title to the items, free and clear of all liens, to us, and (iii) the items are authentic and do not infringe on the intellectual property, privacy, publicity rights, trademarks, copyrights, or any other legal or moral rights of any third party.
xiii. LOST OR STOLEN PROPERTY
We do not allow the exchange of stolen property through the Program because it is violative of the law. We may withhold or delay, or refuse to process any transaction that we, in our sole discretion, deem fraudulent, suspicious, in violation of these Rules, or believe will impose liability on us, our users, affiliates or any of their respective officers, directors, employees, representatives and agents. If we suspect any illegal activity, we will proactively notify relevant law enforcement agencies and assist in any resulting investigation or prosecution. For any lost items, including items lost in transit by a third party carrier, we are not liable for any value above the insured value.
xiv. SHIPPING AND RETURNS
Shipping is free for 4 or more items swapped/ transacted at one time. For 3 or less items, a nominal shipping fee of Rs. 100 is levied. Items will be delivered to you within 5 working days of placing the order.
If you need to return an item for any reason (including any human error from SF’s side), you need to intimate us of the same within 24 hours of receipt of the item to you. We will have the item picked up from you by our courier partner. If the item is received by us in the exact condition as it was sent to you, all points that you redeemed against the item will be credited to your account once again. However, we will retain an amount of Rs. 100 from the Handling Fee and the rest will be refunded to you.
12. Governing laws
The laws of India shall govern these terms and conditions. All disputes are subject, firstly, to mediation, and then by Arbitration by a sole arbitrator appointed by SF. The venue of arbitration will be Mumbai and Bombay High Court shall have exclusive jurisdiction over the disputes arising out of this Agreement.
13. Confidentiality
Except for the purposes of performing its obligations under these terms and conditions and affecting the transaction contemplated herein, you shall keep confidential all non-public information provided to you and shall not disclose such information to any third party except for such information which:
i. is or becomes generally available to the public (other than as a result of a disclosure by you);
ii. was available to you on a non-confidential basis;
iii. becomes available to you on a non-confidential basis from a third party who is not bound by the confidentiality contained herein or is not otherwise prohibited from transferring such information to you;
iv. SF has permitted disclosure;
v. you are requested pursuant to, or required by, law, regulation, legal process or regulatory authority to disclose;
vi. is disclosed to your respective employees and advisors (including legal advisors) who need to know in order to perform their obligations hereunder and who are informed of the confidential nature of such information.
14. Limitation of Liability, Indemnity, and warranty:
i. In no event shall SF be liable to you for any loss or damage that may cause or arise from or in relation to these terms and conditions or due to use of the Websites.
ii. You agree to indemnify SF for all the liabilities (including claims, damages, suits or legal expenses in defending itself in relation to the foregoing) arising due to non-performance and/or non-observance of the duties and obligations under these terms and conditions or due to your acts or omissions.
iii. You warrant that all the details and information provided by you to SF while using Websites shall be correct, accurate and genuine. You further warrant that providing of such details and information in the Websites or sharing of the aforesaid details/information shall not violate any third party right or the intellectual property right of others.

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