TERMS & CONDITIONS

Unless the Parties expressly agree otherwise in a signed writing, the following Terms and Conditions will govern any and all purchase orders submitted and invoices exchanged between the Parties. These Terms and Conditions will be incorporated into all pro-forma invoices and invoices between the parties, regardless of whether specific reference to these Terms and Conditions is made therein. As used herein, “Upani” refers to Upani India Pvt Ltd.. and its affiliates, subsidiaries, and parents, “you” refers to the customer ordering and/or receiving the Goods, and the “Parties” refers, collectively, to Upani and to you, as a customer of Upani.

 

PRODUCT PHOTOS / QUOTES / CUSTOM ORDERS / CHANGES 

Upani has made every effort to display product colors on our website as accurately as possible. However, please be advised that color varies slightly from one computer monitor to another. If you want to see the exact color match, you can order a sample.

Price quotes are good for thirty (30) days. Custom pricing and design options are subject to change at any time. Upani will provide unlimited free digital proofs ,  You are responsible to verify that all information is accurate and according to your specifications.  Upani  is not responsible for any errors in artwork or copy provided by you.  Upani  is not responsible for any errors once such custom work has been approved by you.

 

ORDERS

Upani reserves the right at any time after receipt of your order to accept or decline your order for any reason, or to cancel an order that has already been accepted. Other than as set out in these Terms and Conditions, we shall not be responsible for any loss or damage of any kind, which you might suffer by reason of us declining to accept or for canceling your order.

 

PAYMENT  

Most major credit cards are accepted. 


DELIVERY

  • Our products are made to order.  The production time will be communicated to you before you place an order.

  • You incur all shipping costs. Upani will provide tracking info once the order is shipped.

  • If your shipment is damaged in transit, refuse delivery. If unable to refuse delivery, you agree to contact Carrier and Upani within 3 days of delivery. Please DO NOT throw away packages, packing materials, or damaged goods. Carriers require photographs of both the damaged box and products.

  • Upani cannot be held liable for any errors or shipping delays caused by the carrier but will work to help facilitate retrieval. 

  • Upani is not responsible for lost, stolen or damaged Goods once an order leaves our possession. Unless expressly agreed otherwise, Upani will select the method of shipment and the carrier for all ordered items.

  • If you choose a specific delivery date when placing your order, Upani will do our best to arrange delivery for that day. You acknowledge that requested delivery dates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. Once your order is in the hands of the carrier Upani has no control over the delivery process and Upani recommends you choose a delivery date at least one day early to avoid disappointment. 

  • To ensure accuracy, the shipment addresses will be used exactly as given by you. Upani accepts no liability for packages believed to be returned or delivered to incorrect addresses.

     


DAMAGES & DEFECTS

You must inspect all deliveries immediately, and notify us immediately in writing of all claims for damages or defects. All claims relating to defects or shortage must be made within 5 days of delivery. Any such claims must be made in writing via email to your primary Upani contact. Any rights to reject items expires after this 5 day period. If you timely notify us of any defective or damaged Goods, as your exclusive remedy, Upani will, in our discretion, either replace the Goods with similar items or credit you the purchase price.


INTERNATIONAL DUTIES & TAXES

You will need to check your customs regulations, as sometimes there are duties, taxes or fees due.  Upani  will not be responsible for the payment of any customs levies, duties or taxes that may be associated with the delivery of the orders in your country. you are solely responsible for any such fees. 


EVENTS OUTSIDE OF OUR CONTROL (FORCE MAJEURE)

Upani will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control.

 

CANCELLATION  

Orders cannot be canceled once Upani has begun processing the order.  Should you wish to change or cancel your order, you are welcome to call us to check whether the processing of an order has commenced, and if it has not we may be able to accommodate your request to cancel and will do our best to meet your needs. Any changes to or cancellation of an order can only be made with Upani’s prior written approval and additional charges may apply. Any agreement by Upani to accommodate a cancellation request will be conditioned upon payment of any and all costs, charges and expenses already incurred by Upani to that point, and you agree that such amounts may be deducted from any payments previously made to Upani. Accordingly, we encourage you to carefully check your order before submitting it.


NO REFUNDS

As nearly all of our products are personalized, all sales are final and no refunds will be issued.

 

COPYRIGHT & INTELLECTUAL PROPERTY

All of the designs, content within, and any materials made available on the website are the sole property of Upani.. The website, designs, images and content within are protected by copyright and intellectual property law and may not be reproduced in any form without the express written consent of Upani. 

 

WARRANTY

Upani warrants that it has the right to provide its products, but otherwise the Goods are provided on an “as- is” basis, without warranty of any kind, express or implied, oral or written. In particular, but without limitation, no warranty is given that the Goods are suitable for the particular purposes intended by you. Except for the foregoing, you acknowledge and agree that (a) neither Upani nor any person on Upani’s behalf has made or makes any express or implied representation or warranty whatsoever, including any warranties of merchantability, fitness for a particular purpose, non-infringement, or performance of products to standards specific to the country of import, whether arising by law, course of dealing, course of performance, usage of trade or otherwise, all of which are expressly disclaimed, and (b) you have not relied on any representation or warranty made by Upani, or any other person on Upani’s behalf.

 

LIMITED LIABILITY

In no event, at any time, shall the aggregate liability of Upani exceed the amount paid by you to Upani for the Goods or services being purchased and Upani shall not be responsible for any lost profits or other damages, including special, direct, indirect, incidental, consequential or any other damages, however caused. Without limitation, to the fullest extent permitted by applicable law, Upani shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the Goods, nor for any special, indirect, economic or consequential loss or damage however arising or however caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning, or use of the Goods sold by Upani.

 

INDEMNIFICATION 

Indemnification. To the fullest extent permitted by law, you agree to indemnify, hold harmless, and defend Upani Pvt Ltd., its affiliates, parents, and subsidiaries, and their respective agents, officers, directors, employees, partners, consultants, independent contractors, successors and assigns against any and all loss, claim of loss, injury, costs and damages arising from (i) your purchase, display, or use of Goods (except where such claims relate to breach of any warranties provided by Upani), (ii) your breach of the terms hereof, or (iii) your or your representatives’ gross negligence or willful misconduct.

 

PRIVACY POLICY

Any personal information that you provide to Upani including your name, address, telephone number, and email address will be treated confidentially and will not be released, sold, or rented to any entities or individuals outside of Upani.  Upani does not collect or record any credit card details you may provide when purchasing products.

 

DISPUTE RESOLUTION 

Any dispute arising from or relating to the Parties’ relationship and/or these Terms will be governed by the laws of Delhi, India , without regard to any applicable choice of law rules. 

 

AMENDMENT

Upani may amend these terms and conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.