Terms & Conditions

TERMS AND CONDITIONS

These Terms and Conditions (“Agreement”) explains your rights and obligations in using the Shoptheorie.com (“Website”) operated by Shop theorie (“us”, ‘we”, “our”).

These Terms and Conditions represent the whole agreement and understanding between Shoptheorie.com and the individual or entity who uses our service (“Subscriber” or “you” or “Customer”).

PLEASE READ THIS AGREEMENT CAREFULLY.

By continuing to use the website, you are telling us that have read, that you understand and that you agree with everything in this document.  Shoptheorie.com may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that Shoptheorie.com believes is harmful to its business, or for conduct where your action is harmful to any other party.

Shoptheorie.com may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Subscribers upon posting of the modified Agreement to this web address (URL): https://shoptheorie.com/terms-conditions/ You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.

Together with our Privacy policy, Return policy and our below Agreement, they govern the relationship with you in relation to this website and your purchase of product(s) from this Website.

Please note that by using this Website, by registering or by placing an order (“Order”), you confirm that you agree to this Agreement. Please understand that if you refuse to accept this Agreement, you will not be able to order from this Website.

If you have any questions about our Agreement or a problem with an Order, please contact Contact@shoptheorie.com.

ORDERING AND DELIVERY INFORMATION

Please make sure the email address you provide is correct and your mailbox is in proper working order. All Order confirmations and acceptances are sent to that email address. Please check any spam folders you may have for Order communications.

Whilst we try to ensure that all details (including prices) displayed on this Website are correct and up to date, we have a large number of products on our Website and sometimes products may be incorrectly priced. You must ensure that prior to placing an Order, you have checked all relevant details about the products you have selected as their relevant details may have changed since you last visited this Website. Product prices shown on this Website may change from time to time, for example, if the product you are ordering is subject to a promotional discount or offer which is either applied or withdrawn during the selling period. Please note if a pricing error is obvious and unmistakeable and could have reasonably been recognized by you as a mispricing, we do not have to provide the relevant products to you at the incorrect (lower) price.

All Products displayed on this Website are subject to availability and all orders are subject to acceptance.

Prices do not include applicable sales taxes, delivery charges or other international taxes or duties which will be added to your total prior to you placing your Order.

Orders are submitted via the Website in the following way:

(a) Once you are ready to make a purchase, click on ‘Add To Cart’ to add the product you wish to purchase. Then proceed by clicking ‘Checkout’ to log into secure servers to complete your Order.

(b) You will be asked for your email address to proceed. At this point, you do not have to create an account with us but you are required to provide an email address to process your Order.

(c) If you have already registered with us you may enter your sign-in details to access your account.

(d) You will be required to enter your delivery and billing address details if this is your first Order. If you have an account, you can use the address details from your account or add a new delivery address. You will then be required to enter your payment details.

(e) We will not store payment details so you will need to enter these each time you place an Order.

(f) If any delivery charges are payable these will then be added to the amount you will be charged.

(g) Before checking out, you must confirm you wish to make an Order and accept the terms of this Agreement.

Once you submit your Order, Shop theorie will usually then send you a confirmatory email to acknowledge that your Order has been received (“Confirmation”). Please note that the Confirmation does not constitute acceptance of the Order, and no contract for the sale of merchandise under the Order shall come into effect until you are notified by email that we have dispatched the Merchandise to you. At this point a contract (“Contract”) is formed and, depending on your payment method, your payment will be processed in accordance with the terms of this Agreement using the payment details you have given to take payment for your Order.

You will receive a further email from Shop theorie confirming despatch of the product(s) to the shipping address you have requested.

You should check each email for accuracy and let us know immediately if there are any errors using the contact details above.

When you submit your Order, you are offering to buy the product(s) at the price set out in the Order. Prices are checked regularly. However, if we find the price has changed, or that there has been a pricing error when we receive your Order, we will contact you and ask if you wish to proceed at the correct price.

If there are any problems with your Order (for example, we don’t have the products you wanted in stock, we can only fulfill part of your Order, or we find the price has changed), you will be contacted by a representative from Shop theorie.

Please be advised that we are unable to rectify mistakes you have made on your Order so do check it carefully before checking out. Please refer link https://shoptheorie.com/returns-refunds-and-cancellations/ for return policy for cancellation, return, replacement or refund policy.

PAYMENT

You may pay by debit card, credit card or another alternative payment method specified as part of the checkout process. Shop theorie may change the payment methods at any time but this will not affect any existing Order. The availability of a certain payment method may depend on your geographical location.

If you place an order on the Website, then you acknowledge and agree that:

  • Shop theorie will charge you through the payment method you have selected for your Order and such other amounts that may accrue in connection with the Order;
  • that you will provide valid and current information for (a) yourself and (b) if applicable, another person, but only if you have first obtained their express consent to do so;
  • that Shop theorie may use tools, software or services of payment processors to process transactions on their behalf;
  • if your payment is not received by Shop theorie for any reason from your card issuer, you agree to promptly pay all amounts due upon request and using the method that Shop theorie reasonably prescribes; and
  • you may be charged bank or credit/debit card issuer with additional fees (such as foreign transaction fee or cross-border fee) or surcharges imposed by your bank or credit/debit card issuer.

The price of products is calculated according to the rate of exchange between the base currency on the Website and the local currency of the destination country at the time you place your Order. Shop theorie reserves the right to update such exchange rates regularly at its sole discretion, and you acknowledge that such updates may affect product pricing on the Website. You will be charged according to the applicable exchange rate at the time you place your order via the Website.

For certain shipping destination countries and/or products, you may be offered the option to pre-pay applicable taxes, which will then be calculated and included in the final price when you place an Order through the Website. You acknowledge that such taxes are set by the shipping destination country and therefore may vary from country to country.

DELIVERY

Ownership of the product(s) you order shall pass in accordance with this Agreement. The ownership of the products ordered will pass to you the moment Shop theorie has dispatched the products to you (provided that you have made full payment of the Order price plus delivery charges and any other charges payable as applicable). You will be considered the ‘importer of record’ of the product(s), and Shop theorie will only be facilitating the importation on your behalf as your agent. You, therefore, need to comply with all applicable laws, regulations, and rules of the country into which you import the product(s).

PRODUCTS

The images of the products on the Website are for illustrative purposes only. Although we make every effort to display the colors accurately, we cannot guarantee that your computer’s display of the colors accurately reflects the color of the products. Your products (including their labeling or packaging) may vary slightly from those images.

Any products purchased are for non-commercial use or import, and must not be made available for re-export or resale.

OTHER INFORMATION

The checkout page may contain links to third party websites or services (such as Payment service providers like PayUMoney, Instamojo etc. ) that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of, any third-party websites. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third-party website; and (ii) expressly release us from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third-party website that you may choose to visit.

 

REVIEWS

You may post reviews, comments, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” In the event you use a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content, we reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of Shop theorie.com violates these conditions of use and, or terminate your permission to access or use this Website.

If you do post content or submit material, and unless we indicate otherwise, you: grant us a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and the right to use the name that you submit in connection with such content, if they choose.

You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to Shopthoerie.com: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify us for all claims brought by a third party against us arising out of or in connection with a breach of any of these warranties

CONTEST RULES, TERMS, AND CONDITIONS

By participating in Shop theorie contests you are agreeing to the following:

  • Shop theorie reserves the right, at its sole discretion, to discontinue contests or modify these rules, terms and conditions without prior notification.
  • Shop theorie is not liable for any mechanical failure, or content transmission issues.
  • Must be 18 years of age or older.
  • By participating you are providing Shop theorie with permission to use your name on Shop theorie.com and other Shop theorie  promotional materials.
  • Employees of Shop theorie are ineligible to participate.
  • The odds of winning are based on the number of entries received.

 

ACCEPTABLE USE

  • You understand that you, and not us, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
  • You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
  • You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
  • You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Shop theorie’s express written consent.
  • You must not use this website to transmit or send unsolicited commercial communications.
  • You must not use this website for any purposes related to marketing without Shop theorie express written consent.

 

RESTRICTED ACCESS

 

  • Access to certain areas of this website is restricted. Shop theorie reserves the right to restrict access to other areas of this website, or indeed this entire website, at Shop theorie’s
  • If Shop theorie provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
  • Shop theorie may disable your user ID and password in Shop theorie’s sole discretion without notice or explanation.

COMMUNICATIONS

  • The entire communication with us is electronic. Every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.

LICENSE AND SITE ACCESS

  • We grant you a limited license to access and make personal use of this website. You are not allowed to download or modify it. This may be done only with written consent from us.

USER ACCOUNT

  • If you are an owner of an account on this website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password.
  • We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion.

 TERMINATION

Shoptheorie.com may terminate your Service under the following circumstances (non-exclusive     list):

  1. You are in breach of any term or condition of this Agreement
  2. Your use of the Service disrupts Shoptheorie.com business operations or affects any other party

You may request account termination by contacting us at Contact@shoptheorie.com

NOTICES

You agree that, unless other instructions are posted on Shoptheorie.com’s website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for Shoptheorie.com posted on the Shoptheorie.com website. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.

 PRIVACY

The Shop theorie.com Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of Subscribers’ personal information.

Before you continue using our website we advise you to read our privacy policy https://shoptheorie.com/privacy-policy/ regarding our user data collection. It will help you better understand our practices.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.

We will do our best to provide uninterrupted and that transmission will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Further, your access to the website may also be occasionally suspended or restricted to allow for repairs or maintenance etc at any time without prior notice.

AMENDMENTS

We may change the Services and this Agreement at any time, in our sole discretion.  If you continue to use the Services more than one week after we post a material change, that will mean you accept the changes.  If you do not accept the changes, your sole right is to stop using the Services.

LIMITATION OF LIABILITY

IN NO EVENT SHALL SHOP THEORIE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

To the fullest extent permitted by law, we will only be liable to you for direct losses, which you suffer as a result of a breach of this Agreement by us and which are a ‘foreseeable’ consequence of us breaching this Agreement. Losses are ‘foreseeable’ where they could be contemplated by you and us at the time your Order is accepted by us.

We only supply products for domestic and private use. Accordingly, to the fullest extent permitted by law, we shall not be liable to you for any loss of data, loss of profit or business interruption or for any business losses that you may incur as a consequence of our failure to comply with this Agreement.

If for any reason, we are judged liable to you, you agree that your recovery will be limited to your actual damages, measured by the actual out-of-pocket economic loss.  You agree that you will not ask for any consequential, special, punitive or exemplary damages, or indirect or lost profits.  You agree that even if you request these types of damages, a court or arbitrator cannot award them to you.

SUBJECT TO CHANGE

You agree that we may change or discontinue the services in our sole discretion and with no prior notice to you.

DISCLAIMER OF WARRANTIES AND LIABILITY

This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, Shop theorie does not warrant that:

This Website will be constantly available, or available at all; or

The information on this Website is complete, true, accurate or non-misleading.

Shop theorie will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Shop theorie does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

Nothing on Website constitutes or is meant to constitute, advice of any kind. All the products sold on Website are governed by different state laws and if we are unable to deliver such products due to implications of different state laws, we will return or will give credit for the amount (if any) received in advance from the sale of such product that could not be delivered to You.

You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

 

UNLESS THE DISCLAIMER OF SUCH WARRANTIES IS PROHIBITED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT ACCESS TO THE WEBSITE BY ANY MEANS IS AT YOUR SOLE RISK, AND THE WEBSITE iS PROVIDED “AS IS” AND “AS AVAILABLE,” AND WE DO NOT MAKE ANY WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION, WARRANTIES, EITHER EXPRESS OR IMPLIED, SUCH AS THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR PROVIDE ADEQUATE, COMPLETE OR TIMELY INFORMATION OR DATA.

COMPLIANCE WITH LAWS:

As required by applicable law, if you make a purchase of an amount equal to or above INR 2 00 000.00, you will be required to upload a scanned copy of your PAN card on the Platform, within 4 days of making the purchase, failing which, the purchase made by you will be canceled. The requirement to submit the PAN card arises only once and if it has been submitted once, it need not be submitted again. Your Order shall stand canceled if there is a discrepancy between your name and the name on the PAN Card.

INDEMNIFICATION

You are fully responsible for how you use our services.  You agree to indemnify and hold Shoptheorie.com, its affiliates, sponsors, partners, directors, officers and employees harmless from and against, and to reimburse Shoptheorie.com with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your breach of this Agreement or use by you or any third party of the Website.

STANDARD OF CARE

You agree that our sole obligation to you is to provide the services as-is.  You agree that unless we do something that is grossly negligent or an act of willful misconduct in connection with the services, we will not be liable to you or to any third party.

FORCE MAJEURE

Shoptheorie.com will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, strike, labor dispute, natural calamity, fire, flood, storm, slide, earthquake, power failure or other similar events beyond our control that may prevent or delay service provisioning. However, your obligation to make payment for services already received remains intact.

If any event beyond our reasonable control takes place that affects our performance of our obligations, we will notify you as soon as possible and our obligations under this Agreement will be suspended and the time for performance extended for the duration of the event outside our reasonable control.

UNENFORCEABLE PROVISIONS

If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.

GOVERNING LAW

If you have a complaint relating to this Agreement, we will attempt to resolve the complaint using our internal complaints-handling procedure.

The rights and obligations of the parties pursuant to this Agreement are governed by and shall be construed in accordance with, the laws of India.

You hereby irrevocably submit to the exclusive jurisdiction of the Courts of Faridabad for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.

You agree that you will only sue us as an individual.  You agree that you will not file a class action, or participate in a class action.

AGE OF MAJORITY

Shoptheorie.com does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.

WAIVER

No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.

ENTIRE AGREEMENT

This Agreement, as may be updated from time to time and posted at https://shoptheorie.com/terms-conditions/ represents the complete agreement and understanding between us with respect to the product on Website and Website and supersedes any other written or oral agreement and you accept all these terms.