PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THE SITE. PLEASE DO NOT USE THE SITE OR TRANSACT ON THE SITE IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS PROVIDED BELOW.
Introduction
Welcome to the Universal Express service provided by Universal Express In using the Universal Express service, of Universal Express you are deemed to have accepted the terms and conditions listed below.
All products/services and information displayed on Universal Express (“Site” or “Universal Express”) constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below. Universal Express reserves the right to accept or reject your offer. If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of Universal Express prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer.
Membership Eligibility
Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below that of 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption the sale or purchase of which to/by minors are strictly prohibited. Universal Express reserves the right to terminate your membership and refuse to provide you with access to the Site if Universal Express discovers that you are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by Universal Express for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. Unless otherwise specified, the materials on this website are directed solely at those who access this website from India. Universal Express makes no representation that any products or services referred to in the materials on this website are appropriate for use, or available outside India. Those who choose to access this Site from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. Universal Express will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India.
Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of Universal Express you agree to be bound by the Terms and Conditions.
Account and Registration Obligations
“Your Information” is defined as any information you provide to us in the registration, buying or listing process, in the feedback area or through any e-mail feature. We will protect Your Information in accordance with our Privacy Policy. If you use the Site, you are responsible for maintaining the confidentiality of your account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or Password. Universal Express shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you know or suspect that someone else knows your password you should notify us by contacting us immediately through the address provided below. If Universal Express has reason to believe that there is likely to be a breach of security or misuse of the Universal Express Site, we may require you to change your password or we may suspend your account without any liability to Universal Express.
You also agree to:
Provide true, accurate, current and complete information about yourself as prompted by Universal Express’s registration form (such information being the “Registration Data”)
Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if Universal Express has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, Universal Express has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
Pricing Information
While Universal Express strives to provide accurate product and pricing information, pricing or typographical errors may occur. Universal Express cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Universal Express shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, Universal Express may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and Universal Express will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that Universal Express accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Universal Express dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.
We strive to provide you with the lowest prices possible on Universal Express as well as in all our group stores under the corporate entity -Universal Express Group. However, sometimes a price online does not match the price in a store. In our effort to be the lowest price provider in your particular geographic region, store pricing will sometimes differ from online prices. Prices and availability are subject to change without notice.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account.
Universal Express has the right to change the Product prices without any prior notice to the customer. The selling price of the product may be higher in some cases than MRP due to the sort supply of the product, in this case, Universal Express is not liable for any penalty.
Out of Stock
If product is not in stock, Universal Express PVt Ltd. have every right to cancel the order without intimation to customer, email should be sent for cancelled order. In the event of Out Of Stock, full amount will be refunded to customer.
Product Information images and Specification
All specifications of products and its images mentioned on our website is just to identify the product, it may be vary time to time by its manufacturer, in that case our company is not liable for any errors or any technical thing which does not match with the product received by customer. Please refer to manufacturer website for the actual details like product images and specifications.
Sale Terms
Goods once sold will not be taken back or exchanged. Once invoice made cannot be modified or cancelled for any reasons thereof.
The item is tested for physical damage at the point of sale and the company is not liable for the physical damage of item any more. It is also the duty of the buyer to immediately check at the counter physical condition of the purchased goods. All goods are consigned at buyer’s risk and the company is not responsible for any loss, damage or pilferage in transit.
Our responsibility ceases the moment goods leaves our warehouse.
RMA Process for Online Customers
In case customer have received the product as faulty/DOA, customer should inform us within 7 Days of time after receipt of the product. If we will receive the intimation for faulty/DOA product in time, we will arrange for pick up and replacement. In other case if customer is not able to inform us about faulty/DOA product in time, in that case customer has to bear To and From charges for replacing the material. Customer can also go to nearby service centre for particular vendor. We are always there to help customer by taking product back and arranging for its replacement.
Third Party Products
PLEASE NOTE: Along with the other terms and conditions these additional terms are applicable in case you have bought any products not manufactured by Universal Express . In other words these additional terms and conditions are applicable in case you buy products sold on Universal Express by third party vendors.
Universal Express is not responsible for any non-performance or breach of any contract entered into between you and the Vendor. Universal Express cannot and does not guarantee that the Vendors will perform any transaction concluded on the Site.
Universal Express does not make any representation or warranty as to the attributes (such as quality, worth, marketability etc.) of the items or services proposed to be sold on the Site by the Vendor. In particular, Universal Express does not implicitly or explicitly support or endorse the sale of any items or services on the Site. Universal Express accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Universal Express has all the rights to cancel the order if prices has been increased by vendor without notification to customer. For Bank transfer option, order copy is valid only for one working day. Universal Express has right to cancel the order if it is beyond one day.
You release and indemnify Universal Express and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Vendors on the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Universal Express cannot control the information provided by other Vendors, which is made available on the Site. You may find other Vendor’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.
All other terms and conditions of this User Agreement are applicable to such transactions.
Credit Card Details
You agree, understand and confirm that the credit card details provided by you for availing of services on Universal Express will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. I.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to Universal Express. Further the said information will not be utilized and shared by Universal Express with any of the third parties unless required by law, regulation or court order. Universal Express will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you.
“We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time”
Fraudulent /Declined Transactions
Universal Express reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. Universal Express reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
Electronic Communications
When you visit 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 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.
You Agree and Confirm
That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Universal Express for redelivery shall be claimed from you.
That you will use the services provided by Universal Express, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
You will provide authentic and true information in all instances where such information is requested of you. Universal Express reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Universal Express has the right in its sole discretion to reject the registration and debar you from using the Services of Universal Express and / or other affiliated websites without prior intimation whatsoever.
That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.
You may not use the Site for any of the following purposes:
Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
Gaining unauthorised access to other computer systems.
Interfering with any other person’s use or enjoyment of the Site.
Breaching any applicable laws;
Interfering or disrupting networks or web sites connected to the Site.
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Colors
We have made every effort to display the colors of our products that appear on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Modification of Terms and conditions of Service
Universal Express may at any time modify the User Agreement without any prior notification to you. Subsequent to any modification of the User Agreement, we will inform you of the modifications in the User Agreement via e-mail at the address provided by you while registering on Universal Express. You can access the latest version of the User Agreement at any given time on Universal Express. You should regularly review the User Agreement on Universal Express. In the event the modified User Agreement is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified User Agreement.
Governing Law and Jurisdiction
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Kolkata shall have exclusive jurisdiction in any proceedings arising out of this agreement.
Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Universal Express and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Kolkata. The High Court of judicature at Kolkata alone shall have the jurisdiction and the Laws of India shall apply.
Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Universal Express on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain Universal Express property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Universal Express of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Universal Express owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Universal Express will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Universal Express is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
Universal Express does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Universal Express the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Universal Express and its affiliates for all claims resulting from any Comments you submit. Universal Express and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Copyright & Trademark
Universal Express and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Universal Express or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Universal Express. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Universal Express. You may not modify, distribute or re-post anything on this website for any purpose.
The Universal Express names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Universal Express All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Universal Express endorsement, sponsorship or recommendation of the third party, information, product or service.
Universal Express is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Universal Express or its suppliers and protected by Indian and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Universal Express ,one of its affiliates or by third parties who have licensed their materials to Universal Express and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Universal Express and is also protected by Indian and international copyright laws.
Objectionable Material
You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, Universal Express and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
Indemnity
You agree to defend, indemnify and hold harmless Universal Express, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Universal Express or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
Termination
This User Agreement is effective unless and until terminated by either you or Universal Express. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. Universal Express may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to Universal Express. Upon any termination of the User Agreement by either you or Universal Express, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Universal Express’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.
Limitation of Liability and Disclaimers
The Site is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Site.
The Site provides content from other Internet sites or resources and while Universal Express tries to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Universal Express will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site.
This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement.
To the fullest extent permitted under applicable law, Universal Express or its suppliers shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement.
Without prejudice to the generality of the section above, the total liability of Universal Express to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by you.
Universal Express, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, currentness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, Universal Express assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.
Site Security
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Universal Express will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Universal Express on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
The Website Visitor/Customer acknowledges and unequivocally accepts that Universal Express at their sole discretion may monitor the IP Address & other relevant information of each login session of the customer, and the same may be subsequently used for any investigation or in evidence. We may also use cookies to determine the authenticity of orders and for our internal risk analysis. The customer, by virtue of mere signing-up for and/or logging into Universal Express’s website for purchases indicates unequivocal acceptance of these conditions.
Entire Agreement
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Universal Express with respect to the Universal Express sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Universal Express with respect to the Universal Express sites/services. Universal Express’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
Privacy Policy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of your privacy as a very important community principle. We understand clearly that you and Your Information is one of our most important assets. We store and process Your Information on computers located in the India that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. If you object to your Information being transferred or used in this way please do not use the Site.
