- Effective from January 1, 2012.
- Please read these conditions carefully before using the website www.Asianacouture.com (the “Website”) or any Service (defined below) provided therein. By using the Website through any device, you signify your acceptance to be bound by these terms & conditions (“Terms”).
- This Website is owned and operated by Asiana Couture India Pvt. Ltd. of the address 655, Katra Hardayal, Nai Sarak, Chandani Chowk, Delhi-110006 Company incorporated under the Laws of State of India (from now on “Asiana Couture, we, us or our”)
- Asiana Couture provides Internet-based service through the Website which enables the Users to purchase original merchandise. These commodities include clothing & its accessories. Upon placing an order, Asiana Couture shall ship the Product to you. You entitle yourself to the payment for the Services and the Product as per these Terms.
- We reserve the right to amend these Terms as and when required at its discretion.
2. ACCEPTANCE OF TERMS
You acknowledge that these Terms constitute a contract between You and Asiana Couture. Furthermore, you acknowledge that these Terms govern Your use of the Website & the Service.
3. USER ACCOUNT, PASSWORD, AND SECURITY
If you register with Asiana Couture to avail the services, You will create an account with a password and account designation.
You agree to:
(a) immediately notify Asiana Couture or any other breach of security. And
(b) ensure that you exit from your account at the end of each session.
Asiana Couture will not be liable for any loss or damage arising from your failure to comply with this clause.
5. LIMITED USER
You agree not to reverse engineer, modify, copy, distribute, reproduce, publish, license, or sell any information obtained from the Website. Permission for any reproduction and copying of the content of the Website is in the hands of Asiana Couture. For the removal of doubt, this clarifies that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the substance of the Website is not permitted.
6. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
As part of the Service You may post reviews, comments and other content on the Website; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal and by these Terms. In which case, we reserve the right to remove, refuse, delete or edit any content that in the sole judgment. That is, if you violate these Terms, or terminate your permission to access or use this Website. Product reviews are individual opinions of the reviewers based on their knowledge.
7. YOUR CONDUCT
You agree and undertake to use the Website and the Service in manner that is fit, proper and legal. By way of example, and not as a limitation, you agree and undertake that when using the Website or the Service, you will not:
- Create or submit a user submission that is unlawful, grossly offensive, pornographic or obscene. In addition to it, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive. Additionally, that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, rules, regulations or regulatory guidelines under the legislation of India.
- Embed, re-publish, maintain and/or display any service content (including, without limitation, any of your User Submissions) on any personal social media or other website or other Internet location.
Also, Keep In Mind, You will NOT:
- Use the Website or the Service to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material or information. Whether personally identifiable or not, posted by or concerning any other user of the Service, unless you have obtained prior permission from such user to do so.
- You will provide accurate, current and complete information about you or anyone else, and you will not provide false information about you or anyone else (including, without limitation, when you are being asked on the Service to provide accurate information about your age), and you will not impersonate or appear to impersonate anyone else or otherwise misrepresent your affiliation with any person or entity;
- Interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Service (or any parts thereof);
- Abide by all copyright notices, information, and restrictions contained in or associated with any of the Service or the Website conten.
Furthermore, you will also NOT:
- Remove, alter, interfere with or circumvent any copyright, trademark, watermark, or other proprietary notices marked/displayed on the Website or any Service feature;
- Use any of the rights granted to you or by your use of the Website or the Service in a manner that suggests an association with Asiana Couture, Products or the Service unless expressly permitted.
- Knowingly transmit any material that contains adware, malware, spyware, software viruses, time-bombs, cancel-bots, worms, Trojan horses, or any other computer code.
- Do anything that is likely to adversely affect or reflect negatively upon or harm the goodwill or reputation of Asiana Couture.
- Do anything on the Website or on the Services that would prevent other users’ access to or use of the Website and Services or any part thereof.
- Access the Services if you are under the age of 18.
- You shall monitor your access to the Service to restrict use by minors. Also, you will deny access to children under the age of 18. You accept full responsibility for any unauthorized use of the Service by minors in connection with your access. You are responsible for any use of your credit card or other payment instruments (e.g. PayPal) by minors.
- Access the Services using a false identity or information, or on behalf of someone other than yourself.
- Use the Service or any part thereof for any commercial purpose, including but not limited to (a) communicating or facilitating any commercial advertisement or solicitation, or (b) gathering or transferring Items for sale.
8. AVAILABILITY OF THE WEBSITE
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Website accessible, the Website and consequently any part of the Service 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 our control, Website access may be interrupted, suspended or terminated. Interruptions in the Website or the Service that are beyond our control shall not serve as a basis to terminate your subscription or demand a full or partial refund of any prepaid fees or any reductions in future fees.
9. MATERIALS YOU POST
If you do post content or submit material, and unless we indicate otherwise, you
- Grant Asiana Couture a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. And
- Asiana Couture and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. Also, you agree to waive your right to be identified as the author of such content.
You represent and warrant that you own all of the rights to the content that you post.
As at the date that the submission of content or material to Asiana Couture through the Website:
(i) The accuracy of content and material
(ii) use of the content and material you supply does not breach any applicable laws and will not cause injury to any person or entity.
(iii) the content is lawful.
You agree to indemnify Asiana Couture and its affiliates for all claims brought by a third party against it. Or its affiliates arising out of or in connection with a breach of any of these warranties.
10. NO COMPENSATION POLICY & LIMITATION OF LIABILITY
It is of no relevance if the quality of any products, services, information, or other material purchased through the Website did not meet your expectations. We will not provide you with any compensation other than the Return and refund or Exchange of the product as prescribed by the Return & Refund Policy.
You cannot request payment for any reason, including but not limited to any:
(i) Variation in the finish or appearance of the final product
(ii) Delay in delivery caused by unforeseen circumstances.
(iii) Special, incidental, indirect or consequential damage of any kind caused by a product.
(iv) missed opportunities to avail certain discounts.
(v)Issue with our delivery partners or their personnel
(vi)Voucher which got deactivated due to the end of expiry date
(vii) unavailability of items which the customer tried to purchase etc.
Unreasonable and unlawful requests:
Will be treated as loss to business cases. Asiana Couture holds the rights to cancel orders and block accounts of such customers without any prior notice.
Asiana Couture’s aggregate liability and that of its affiliates, licensors & partners in connection with these Terms shall be limited to the value of last purchase completed by you under these Terms through the Service.
11. EXACTNESS NOT GUARANTEED
Asiana Couture at this moment 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.
We may require alterations to certain aspects of your order such as the merchandise brand, size, color, etc. due to limitations caused by the availability of product differentiation in size charts of respective brands, etc. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, or legality of the products listed or displayed or transacted or the content on the Website.
While we have taken precautions to avoid inaccuracies in content, this site, all content, information, software, products, services, and related graphics are provided as is, without warranty of any kind. Asiana Couture has no obligation to provide any real preview of the Object either before or after the sale.
12. YOUR WARRANTY
In addition to warranty with respect to the intellectual property rights vesting in the user submissions, the Buyer warrants that all the information furnished at the time of registration is true and correct and any change in the information provided will be updated and intimated to Asiana Couture at the time of purchase or earlier.
Asiana Couture is entitled to act on the basis of the information provided and seek such further information, clarifications or verifications as it may deem necessary for granting registration or for completing your transaction on the Website. We may suspend or cancel such registration where Asiana Couture forms a reasonable view that any of the above information may be inaccurate. However, we might restore such registration upon the buyer furnishing information to the satisfaction of Asiana Couture.
However, we will reopen such registration upon the consumer furnishing information to the satisfaction of Asiana Couture.
13. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Asiana Couture owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest.
You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Asiana Couture without obtaining authorization from Asiana Couture.
14. LINKS TO THIRD PARTY SITES
Links to Linked Sites from the Website do not imply endorsement by Asiana Couture of the said website or any association with its operators unless expressly specified.
15. DISCLAIMER OF WARRANTIES
Asiana Couture has endeavored to ensure that all the information on the Website is correct, but Asiana Couture neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service.
In no event shall Asiana Couture be liable for any damages resulting from:
(a) the use or the inability to use the Services.
(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 Asiana Couture 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.
Asiana Couture 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 Asiana Couture’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.
16. PRODUCT QUALITY
Asiana Couture endeavors to select and provide only the highest quality merchandise. However, if the merchandise does not meet your requirements, Asiana Couture does not take responsibility. Moreover, many of our products are handmade, and there may be variation in each product piece.
17. PRODUCT PRICES
We strive to provide you with the best prices possible on goods 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 any prior notice.
The prices mentioned on the Website 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.
All references to Rupee/INR on this website are in Indian currency. Indian prices are different to International prices due to factors such as taxes, duties etc.
Prices are subject to change at any time, without any notifications.
The price displayed on the Website about any Product in INR represents the full price of the product to ship it in India except in cases wherever mentioned. In case of foreign shipping any duties, levies and shipping costs would be extra.
Concerning items sold on the Website:
We charge your credit card before your order has entered the shipping process. For any reason, if we are not able to ship your products as per your order, we will intimate you electronically and refund the value of the goods not available. We may allow Cash On Delivery option for orders of absolute value and at certain specific locations within India. The amount of order and places eligible for Cash on Delivery may vary from time to time and also from product to product.
Despite our best efforts, we may have given the wrong prices for a small number of the items on the Website. If we discover a mispricing, we will do one of the following:
Despite our best efforts, mis-pricing of good might occur on the website. If we discover a mis-pricing, we will do one of the following:
If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We display the prices for international users on the Website in U.S. Dollars & Euros which you can view in your preferred currency. On checkout, the shipping costs would add up and the amount to be paid by the User would be shown.
Please note that the actual amount to be paid by you as an international user will be the equivalent amount in the currency of your credit card, as per the conversions are done by your bank/credit card provider on the date of billing.
18. SHIPPING INFORMATION:
(A) DELIVERIES WITHIN INDIA
We offer free shipping to customers within India. The time of delivery may vary from place to place once we dispatch the products from our warehouse.
(B) INTERNATIONAL DELIVERIES
For International shipments, we offer free shipping on orders above Rs.1,50,000/- and orders below Rs.15,000/- we charge an additional amount for shipping on every purchase. The Shipping costs vary depending on order value and shipping location. Shipping costs start at about INR 2500/ $50 / 35 Euros for smaller orders going up to a maximum of INR 4,500 / $74 / 62.
However, these costs are indicative only. We do our international shipping through following international courier services FedEx or UPS.
(C) DELIVERY TIME
Shipment/delivery time of the order starts from the day of receipt of the payment confirmed against the order placed with ASIANA COUTURE and all necessary documentation, relating to transportation, tax, etc. In case of Cash on the Delivery option, the delivery time starts from the time you place an order, and all necessary documentation, relating to transportation, tax, etc.
Within India, all of Asiana Couture’s orders are shipped door-to-door from our warehouse in New Delhi, India to your provided shipping address via our delivery partners. Processing the order normally takes two working days and then shipping within India takes 4-6 business days. However, this is only an estimate of delivery time, and there may be delays.
For international users:
we shall intimate the estimated delivery time through an e-mail once we process the order.
In case of unforeseen delays in the Delivery Time beyond one month of the estimated Delivery Time, ASIANA COUTURE will notify customers so that the clients may choose to cancel their order.
Further, Asiana Couture works with different types of suppliers and the delivery time to Users may be subject to delivery of products from supplier to us. In case of unforeseen delays, we will inform the User. At this point, we may cancel the order by the user with our consent.
19. CANCELLATION BY ASIANA COUTURE
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 us canceling your order shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information. Additionally, 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 we cancel all or any portion of your order or if we need any additional information to take your order.
If we cancel your order after we charge your credit card, the said amount will be reversed back in your Credit Card or Bank Account as applicable within 10-14 working days.
20. CANCELLATION BY USER
In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and we have not processed/approved the order, we shall cancel the order and refund the entire amount. In case the order has been processed and dispatched, we may initiate return only on receipt of the product.
Asiana Couture insures each purchase during the time it is in transit until we deliver it to you. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you 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 Asiana Couture and transfer of responsibility in the same way.
22. TAXES & DUTIES
For Deliveries within India all taxes and duties are included in the price of the product listed on the Website.
For International Deliveries
We ship orders to most countries on a DDU (Delivery Duty Unpaid) basis. This means product prices displayed are exclusive of all import duties. As the recipient, you are liable for all import duties, customs, local taxes levied by the country you are shipping to. Payment of these is necessary for delivery. We are unable to advise what amount this would be as duties vary widely from country to country. For more information, please write to us on sales@Asianacouture.com.
23. RELEVANT INFORMATION
- Asiana Couture shall not be liable for any delay/non-delivery of purchased goods caused due to any reason which is beyond its reasonable control.
- If a non-delivery occurs on account of a mistake by the Users in entering their details (i.e., wrong name, address or contact number), we will have to resend the order. The user must pay the extra cost towards re-delivery, and we shall extend the Delivery Time.
- We do not ship back-orders. We aim to keep every item on our website in stock. If there is an item which you purchase and then we realize this item is not available, we will promptly inform you within two working days of your purchase and fully refund your money for the out of stock item.
- Asiana can only process one shipping address per order. So, if you would like to order several items and ship to different people, please treat these as separate orders. We cannot ship to Post Office Box addresses and take no responsibility for non-delivery of orders in case the delivery address includes P. O. Box details in any part or form.
- Our Delivery Partners will attempt delivery three times at the delivery address specified by you in the order before they contact us that your package is not deliverable. You can track the package through the Order Tracking facility on the Website.
- Return & exchange policy will not be applicable at the time of sale
- We will refund the original shipping charges and duties.
- Product must be unused, unwashed and undamaged.
- Product must be with all tags
- We can exchange a product if they meet our terms & conditions.
- Special order products.
- Unstitched items.
- Altered items as per the specifications /measurements provided by customer
- Products purchased on sale.
- We identify or mark a non-returnable product at the time of purchase.
25. A) 10 DAY RETURN POLICY
If you are not satisfied with your purchase for any reason Asiana Couture will replace the product free of cost or refund the amount paid by you. For an exchange/account credit return, You must notify Asiana Couture within ten days of your receipt of the Product.
We can accept returns only when items are unused, unworn, unwashed and undamaged. Also, we can exchange items only if you return them in their original packaging, with their original tags intact, so we ask that you try on each piece before removing its tag.
If you wish to exchange your item for an alternative product, we suggest that you return it for a credit and purchase the new item separately.
Our return and exchange policy are, however, subject to the following:
- Items should be returned unused and with all ASIANA COUTURE tags still attached. Returns that are damaged or soiled may not be accepted and we may send it back to the customer.
- You should include belts and any designer packaging such as authenticity cards, dust bags, and leather tags with your return.
- Asiana may return unidentified returns to the sender.
- You should try all shoes on a carpeted surface before wear.
- Briefs, swimming costumes and bikini bottoms should be tried on over underwear, without removing the protective adhesive strip. We will not accept any returns if you fiddle with this piece, and we may send it back to the customer.
- If we receive damaged products, they are faulty. Damaged items as a result of normal wear and tear are not faulty. If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size.
- Where possible, we will offer to repair faulty items. We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any color will be completely accurate. In case you are not happy with the color, you may request a return as per our returns policy.
B) PRODUCT DAMAGED DURING DELIVERY
If you tamper or damage any product while transportation, we must be notified by email within 48 hours. Otherwise, Asiana Couture will not be liable to accept the merchandise. In such cases, the customer will have to write into sales@Asianacouture.com.
We will investigate the damage from our end and try to repair or replace the product. However, Asiana Couture reserves the right to determine the authenticity of harm and to decide whether we may be able to repair or replace the product.
C) HOW TO RETURN OR EXCHANGE
To return or exchange an item that you’ve bought from Asiana Couture.com:
- For an exchange or return you must notify Asiana Couture within 10 days of receipt of the product
- To get in touch with Asiana Couture, write to us at sales@Asianacouture.com with your return or exchange request.
- We will write back to you with a return authorization and further details on how to process your return or exchange. We will also coordinate a courier pick-up for your piece.
- Please pack all pieces with all tags intact, in their original packing. If the original tags have been removed or tampered with, we won’t be able to process your return.
- Once we have received the item, we will check it to make sure it is in good condition and eligible for returns. Thereafter, we will credit your account within 10 to 14 working days the amount paid for the piece.
- Within India, we would refund the full amount paid. For International Orders, we would not be able to refund Shipping Charges or import duties, customs fees or local taxes paid by you.
Asiana Couture may provide alteration services in limited cities and he availability of this service, at present, is within India. The costs for such service will be in addition to the cost of the Products.
E) NECESSARY INFORMATION
- All items are quality controlled and checked for any faults before we dispatch them to customers. Should you receive an item that is not in perfect condition, please contact us immediately at sales@Asianacouture.com.
- In case you wish to exchange the item for a different size, we can do this when possible. We keep limited inventory and do not always have all sizes available. If we don’t have the size you want in stock, you can use the credit amount whenever you shop with us next time or seek a refund.
- Items should be in their original packaging. All tags should be in intact.
- Asiana Couture reserves the right to determine whether an item is in good condition, and eligible for exchange. If the returned product in our sole judgment does not fall in the good condition and has been used or damaged before the return. We reserve the right not to refund any money paid by you for the product.
26. INDEMNITY AND RELEASE
You shall indemnify and hold harmless Asiana Couture, its subsidiaries, affiliates and their respective officers, directors, agents, and employees, from any claim or demand. Additionally, actions including reasonable attorney’s fees, made by any third party. These Terms or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
When you visit the Website or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mail or phone calls from us with respect to your order.
28. ALTERATION OF SERVICE OR AMENDMENTS TO THE CONDITIONS
We reserve the right to make changes to our Website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website. Or you order goods from us unless any change to those policies or these conditions which require being made by law or government authority.
If you deem any of these circumstances as invalid, void, or for any reason unenforceable, that condition will be deemed severable. Also, this will not affect the validity and enforce of any remaining condition.
29. EVENTS BEYOND OUR REASONABLE CONTROL
We will not be held responsible for any delay or failure to comply with our obligations under these conditions. If the delay or failure arises from any cause which is beyond our reasonable control events. This may include but not limit to natural disasters, war or armed conflict, change in government policies and regulations, etc.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
31. GOVERNING LAW AND JURISDICTION
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Delhi.
You may deliver any Notice to Asiana Couture under this Agreement to the following address:
655, Katra Hardayal, Nai Sarak, Chandani Chowk, Delhi-110006
33. INTELLECTUAL PROPERTY INFRINGMENT
a) Asiana Couture respects the Intellectual Property Rights of others and expects its Users to do the same. In particular, if you are a copyright owner or an agent thereof and believe that any content on the Website infringes upon your copyrights, you may submit a notification of the same to sales@Asianacouture.com with the following information in writing:
- Claiming Identification of the material that infringing or the subject of infringing activity and must remove or access to which must disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us find content quickly.
Keep in Mind
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which we may communicate with the complaining party.
- A statement that the use of the material in the manner complained by the copyright owner no authorization.
- A statement that defines the accuracy of the information in the notification, and under penalty of perjury. And that the complaining party has the authority to act on behalf of the owner of an exclusive right.
In case of a conflict in Terms:
The decision of Asiana Couture shall be final and concluding. Additionally, you irrevocably withdraw your right to make any claim or demur on this ground.
- Before you file such a notification, please carefully consider whether or not the copyrighted material at issue has protection. Also, are liable for costs and attorneys’ fees should you file a take down notice. If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an attorney. In addition, you may wish to consult publicly available reference materials such as those found at www.chillingeffects.org.
- You can reach Asiana Couture’s Copyright Agent for notice of claims of copyright infringement at:
Ankit Keyal, 655, Katra Hardayal, Nai Sarak, Chandani Chowk, Delhi-110006. Ph – 011-23269452, sales@Asianacouture.com of Asiana Couture designated copyright agent who will receive the copyright complaints.