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TERMS & CONDITIONS



1. General Information

(a) This agreement governs your use of MerchandWiser's site and service, including all orders made or processed for products or services in connection with the site and service. You and MerchandWiser, a wholly owned subsidiary of Viena Clothing, providing custom, on-demand merchandise printing, sales are the parties to this agreement. No exceptions to these terms are effective unless MerchandWiser has agreed to them in writing.

(b)  MerchandWiser may change these terms from time to time, without any prior notice. Users are requested to keep themselves updated.
 

2. Use of the Site and Service Generally

(a) MerchandWiser owns all intellectual property and other rights, title and interest in and to its site and service (except for user-provided content). Your use of the site and service does not grant you any right, title or interest to these properties, except as follows. MerchandWiser grants you a limited, revocable license to access and use the site and service for its intended purpose: the provision of an online, on-demand, customizable merchandising solution. You may only use the site and service according to MerchandWiser's terms, rules, and guidelines found on its site, and MerchandWiser may revoke this license and limit your access to the site and service according to Section 15 (Termination of Access).

(b) You may not interfere with the site and service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; modify, copy, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the site and service; use a robot or other automated means to monitor the activity on or copy information or pages from the site and service, except search engines, traffic counters, or similar basic performance monitoring technology; impersonate another person or entity; use any meta tags, search terms, keywords, or similar tags that contain MerchandWiser's name or trademarks; engage in any activity that interferes with another user's ability to use or enjoy the site and service, including activity that places a disproportionate burden on the site and service compared to ordinary use from a single, ordinary user; assist or encourage any third party in engaging in any activity prohibited by this agreement; or use the site and service to promote hate speech, obscenity, or any content that violates MerchandWiser's Ethical Guidelines, which MerchandWiser may change from time to time in MerchandWiser's sole discretion.


3. Product Sales

(a) By placing an order using MerchandWiser's site and service, a customer makes a binding offer for a contract of sale or, as the case may be, a contract for work and materials with Viena Clothing i.e, holding company of MerchandWiser. MerchandWiser sends an order confirmation via e-mail to the customer which acknowledges the receipt and verification of the order placed. However, production only starts after the customer makes a minimum of 50% order value and is dispatched when full payment is made.

(b) Merchandwiser does not guarantee the continued availability of the products mentioned on the site. Also, products might slightly differ from the mock-ups, catalogues or pictures shown. Merchandwiser holds the right to modify the order due to changing market factors, order turnaround time, non availability of certain raw material or any other external factors.

(c) Goods once produced as per the client's specific requirements can not be taken back and claimed for a full refund or replacement. Customers may verify all details correctly at the time of placing the order and Merchandwiser will not be responsible for any loss occurred due to the same.

(d) Information, drawings, figures, technical data, specifications of weight, measurements and services contained in brochures, catalogues, newsletters, ads, or price lists are purely informational. MerchandWiser cannot guarantee the correctness of this information, and if there is any inconsistency between the information described above and the information in an order confirmation email, the order confirmation email controls.

(e) MerchandWiser reserves the right to reject orders for any reason or no reason. If MerchandWiser rejects an order, it will notify the customer.

(d) MerchandWiser’s performance of an order is completed when the shipment provider completes delivery to the customer's address, according to the records of the shipment provider. If there is an interruption of delivery, and MerchandWiser cannot replace the order in a reasonable amount of time, MerchandWiser will notify the customer immediately.


4. Delivery & Shipment

(a) MerchandWiser warrants that it will ship orders within two weeks after orders are placed. Normally, the average delivery time is 10-15 working days, but in certain circumstances (market factors affecting the availability of raw material or delay in production due to unforeseen reasons), shipment and delivery can take up to three or four weeks (excluding Sundays and national holidays).

(b) MerchandWiser does not guarantee the delivery to be done on a specific date or time due to lack of control over shipment hours. Also, MerchandWiser will not be held responsible for any loss or damage (monetary or any other) occurred due to delay in delivery. Customers are not liable to ask for a refund or replacement due to the same.

(c) MerchandWiser will make delivery using a shipment service provider of its choosing. The customer must pay standard shipping costs which may depend on order value and shipping destinations. All shipments will be payable, unless otherwise stated and mentioned, in writing by MerchandWiser.

(d) Delivery will take place only after all checks and balances have been cleared on part of the customer. MerchandWiser reserve the right to change the delivery date in case of delay in payment.


5. Prices

(a) All prices found on MerchandWiser's site are final, and may change from time to time. Shipping and handling are billed and shown separately at checkout (or on invoices, if applicable). The shipping address and order amount may affect certain costs, and sales taxes may apply to some orders.

(b) For customers ordering from outside of India, all product prices are net of local taxes and fees. If, according to applicable law, the goods are subject to sales taxes, import duties, import brokerage fees, or other taxes or fees in the recipient's country, then the customer has the sole responsibility to pay these taxes and fees.

(c) Customers must pay the purchase price, applicable sales taxes, and shipping and handling charges immediately upon placing an order, without deduction.


6. Payment

(a) Customers may choose to pay by NEFT, RTGS, Cheque or other payment methods. MerchandWiser reserves the right to limit the method of payment chosen by the customer depending on order value, shipment destination, or other objective criteria.

(b) If the customer selects a payment method or provides payment information that makes it impossible or impractical for MerchandWiser to receive payment (for example, the customer's account lacks sufficient funds, or the customer provided incorrect payment information) through no fault of MerchandWiser's own, the customer agrees that MerchandWiser may add an additional charge to the order to recoup costs associated with processing or attempting to process the impossible or impractical transaction.

(c) MerchandWiser may sub-contract third parties to process payment.

(d) If the customer fails to pay, MerchandWiser may assign its claims to a debt collection agency and transfer the personal data required for collecting payment to these third parties.


7. Title to Products

Until MerchandWiser receives full payment for an order and the order is shipped, title to the goods remains with MerchandWiser. Upon transfer of the goods to the carrier, title and risk of loss passes to the customer. The customer should handle products with care until the transfer of ownership is complete (for example, in case of a product return).

8.Return Policy:

We at MerchanWiser strive to provide the best possible experience while you shop with us. There is no option to return orders as the goods are customized according to your specific needs and designs, and are non-usable by anyone else.

However, if at all there is a Manufacturing defect, complete assistance would be given to you for correcting the same.

For any other queries, please send a mail to info@merchandwiser.com.


9. Disclaimers


(a) MerchandWiser provides the site and service on an "as is" and "as available" basis. MerchandWiser does not represent or warrant that the site and service or its use: (i) will be uninterrupted, timely, safe, or secure, (ii) will be free of inaccuracies, errors, or vulnerabilities, (iii) will meet your expectations or requirements, or (iv) will operate in the configuration or with the hardware or software you use. MerchandWiser hereby disclaims any and all express or implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability, and non-infringement to the fullest extent of the law, except to the extent that this agreement provides otherwise.

(b) You agree that MerchandWiser has no responsibility for any damages suffered by you in connection with the site and service, and that use of the site and service, including all content, data or software distributed by, downloaded, or accessed from or through the site and service, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business or your computer system or any loss of data that results from your actions and your use of the site and service. MerchandWiser does not control or endorse in any respect any information, products, or services offered by third parties through the site and service, and is not responsible for any possible representations and warranties these third parties may make.

(c) Due to normal changes in our industry and in our technical production processes, MerchandWiser may reasonably deviate from the descriptions and information found in its brochures, catalogues, and other documents with respect to material, color, weight, measurements, design, or other features.

(d) MerchandWiser may use subcontractors or third parties to provide certain elements of its site and service. You agree that MerchandWiser will not be liable to you in any way for your use of these services.


10. Limitation of Liability

(a) You use MerchandWiser's site and service at your own risk. MerchandWiser provides its site and service without any express or implied warranties (See Section 9(a) (Disclaimers) above). MerchandWiser is not responsible for the actions, content, information, or data of third parties. You release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against MerchandWiser or any related third parties.

(b) MerchandWiser is not liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or relating to the site and service or any agreement between you and Spreadshirt, even if advised of the possibility of such damages.


11. User Representations and Warranties; MerchandWiser's Right to Refuse Performance

(a) If you upload designs or make changes to products in any way (for example, adding custom text), you represent and warrant to MerchandWiser that you have all necessary rights (for example, in trademark, copyright, privacy rights, publicity rights, common law, etc.) to use the text or design without violating the rights of any third party. MerchandWiser may, in its sole discretion, refuse to print any designs or text that you submit. However, MerchandWiser is not obligated to review any of your submissions.

(b) You agree to (i) indemnify and (ii) release MerchandWiser from all liability (including costs and attorney's fees) for claims relating to the alleged or actual infringement of any third-party rights and any law to the extent that such claims relate to your use of MerchandWiser's site and service.


12. Data Protection

MerchandWiser collects and uses your information according to its privacy policy. You acknowledge that you are responsible for the securing your own information (including passwords), keeping your sensitive information confidential, and taking responsibility for actions taken in connection with your user account.


13. Dispute Resolution

(a) The formation, construction, and performance of this agreement (and all other agreements incorporating this agreement by reference) must be construed in accordance with the laws of India. The parties agree that any dispute arising out of or relating to this agreement must be submitted to confidential binding arbitration in New Delhi, India except that may seek injunctive or other appropriate relief in any consumer court in New Delhi if you have violated or threatened to violate the intellectual property rights of MerchandWiser or a third party, or any term of any agreement you have with MerchandWiser. The parties agree that claims must be conducted on an individual basis, and not in a class, consolidated, or representative action.


14. Termination of Access

(a) MerchandWiser may refuse to provide its site and service to you, in full or in part, effective immediately and without notice, for any reason or no reason, but especially if MerchandWiser believes that you (or any others whom MerchandWiser believes that you act in concert with) have violated or will violate any laws, rights, or term (or the spirit of any term) of any agreement you are a party to with MerchandWiser, its affiliates, contractual partners, or users; or if MerchandWiser believes in its sole discretion that your use of the site and service may create any risk (including any legal risk) for MerchandWiser, its affiliates, contractual partners, or users. Limitation of access may include removal or modification of content that you have uploaded or otherwise sent to or through the site and service.

(b) If MerchandWiser exercises its rights under Section 15(a), or if you delete your account, this entire agreement and any other agreements you have entered into with MerchandWiser will survive indefinitely until otherwise terminated according to their terms, if applicable.


15. Miscellaneous

(a) Entire Agreement. This agreement (along with other policies found on MerchandWiser's site and service) contains the entire agreement between the parties and replaces all prior oral and written agreements. No oral modifications, unless otherwise stated, in writing, may change the terms of this agreement. The parties have not relied on any representations or promises relating to the subject matter of this agreement except those contained within the four corners of this agreement.

(b)  Relationship of Parties. This agreement and other agreements relating to the site and service do not constitute a joint venture, partnership, agency, employment or fiduciary relationship between the parties, except when one is expressly stated. Neither party nor its agents have any authority to bind the other party, and the relationship of the parties is that of buyer and seller, or independent contractors in certain circumstances.

(c) Means of Notice. Written notices and other communications described herein may be made electronically and are effective when sent or published. You guarantee that the information provided in your orders or user account is accurate and hereby waive all rights or objections relating to not having received notices from MerchandWiser because of incorrect or incomplete information.

(d) Enforceability and Severability. If any provision of this agreement is held invalid or unenforceable, the remainder of this agreement will remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it will remain in full force and effect in all other circumstances.

(e) Conflicts. If there are any conflicts between this agreement and another agreement between you and MerchandWiser, then the terms of that other agreement will control only to the extent they are inconsistent. Otherwise, any additional terms are supplementary to the terms of this agreement.

(f) Reservation. MerchandWiser reserves all rights not expressly granted in this agreement.

(g) No Third-Party Beneficiaries. This agreement does not and is not intended to confer any rights or remedies upon any person(s) other than the parties.

(h) Minimum Age. Persons under the age of 13 may not use the site. MerchandWiser will not collect, use, or disclose any personal information associated with a person under age 13.

(i) Retroactive Application. You agree that your acceptance of this version of this agreement and all other agreements incorporated by reference apply retroactively to your use of the site and service prior to the effective date of this agreement.

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