Terms and Conditions

Effective From: September 01, 2022

General

Please read the following User Agreement (“terms” or “terms and conditions”) carefully as your use of this website and related services are subject to your acceptance of and compliance with them. By subscribing to or using any of our services you agree that you have read, understood and are bound by the terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the terms, you must not subscribe to or use our services. These terms are between you (“you”, “your” or “buyer” or “registered user”) and Yellow Turban (“us” or “we” “website” or “Yellow Turban”). This document is an electronic record in terms of the Information Technology Act, 2000 and its associated Rules as amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures. Notwithstanding anything contained or said in any other document, if there is a conflict between the terms mentioned below and any other document, the terms contained in this document shall prevail for the purposes of usage of the website.

Introduction

The domain name Yellow Turban is registered in the name of the owner of the brand Yellow Turban. Use of Yellow Turban is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these terms, as may be posted and modified from time to time. The content of the pages of this website is for your general information and use only. It is subject to change without notice. The website is available to customers who are 18 years and older. We, at our sole discretion, reserve the right not to accept a user from registering on the website without assigning any reason whatsoever. We reserve the exclusive right to update or modify these terms and conditions at any time without prior notice. For this reason, we encourage you to review these terms and conditions every time you purchase an item from us or use our website.

Your Account, Password and Security

If you use the website as a registered user, you agree that you are competent to contract within the meaning of the Indian Contract Act, 1872. We reserve the right to terminate your membership and refuse to provide you with access to the website if it is brought to our notice or if it is discovered that you are not competent to contract within the terms of the Indian Contract Act 1872.

You acknowledge that you are solely responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password.

You agree to:

(a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and

(b) ensure that you exit from your account at the end of each session. You agree, inter-alia, to provide true, accurate, current and complete information about yourself as prompted by the website registration form or provided by you as a visitor or user of a third party site through which you access www.threecliveroad.com. If you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms, we reserve the right to indefinitely suspend or terminate or block access of your membership with the website and refuse to provide you with access to the website.

Services Offered

We provide a number of Internet based services through the website (the “service”). One such service enables you to purchase from a wide range of products. When you place an order, and subject to payment, we shall ship the product to you.

Privacy Policy

You consent and agree that you have read and fully understood the Privacy Policy of Yellow Turban available at [Privacy Policy]. You additionally agree that the terms of the Privacy Policy are acceptable to you.

Your Conduct and Rules

You agree and undertake to use the website and the service only to post and upload messages and material that is proper. For example you agree and undertake that when using our service, you will not:

reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the website.
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
publish, post, upload, distribute or disseminate any inappropriate, blasphemous, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereof or have received all necessary consents;
upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the website or another’s computer;
conduct or forward surveys, contests, pyramid schemes or chain letters;
download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner;
falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
violate any code of conduct or other guidelines, which may be applicable for or to any particular service;
violate any applicable laws or regulations for the time being in force in or outside India;
violate any of the terms or any other terms and conditions for the use of the website contained elsewhere;
we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that your conduct violates applicable law or is harmful to our interests;
you shall not make any derogatory, defamatory, abusive, inappropriate, blasphemous or indecent statement or comment about Yellow Turban, its associates and partners on any property owned by Yellow Turban
you shall not host, display, upload, modify, publish, transmit, update or share any information which:
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
- violates any law for the time being in force;
- deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.

Should you indulge in any of the acts above, you will be solely responsible for any violation and face all legal consequences and Yellow Turban shall not be held responsible.

No Compensation Policy

If the quality of any products, services, information, or other material purchased or obtained by you through the website or our partner/s does not meet your expectations, no compensation will be given. You will not be entitled to compensation for any reason including but not limited to:

any variation in the finish or appearance of the final product;
any delay in delivery caused by unforeseen circumstances;
any special, incidental, indirect or consequential damage of any kind caused by a product;
any issue with our delivery partners or their personnel;
unavailability of items which you tried to purchase.

Unreasonable and unlawful requests for compensation, over and above the entitled refund, will not be entertained. We reserve the right to cancel orders and block accounts of such users without any prior notice.

Intellectual Property Rights

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party Yellow Turban owns all intellectual property rights to and in the website and its content, The trademark Yellow Turban is registered under the Trade Marks Act, 1999. You acknowledge and agree that you shall not use, reproduce or distribute any content from the website without obtaining authorization from us. You guarantee, warrant and certify that you are the owner of the content, which you submit or otherwise authorized to use the content, and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the services rendered by Yellow Turban

Links to Third Party Sites

The Website may contain links to other websites (“linked sites”). The linked sites are not under the control of Yellow Turban and we are not responsible for the contents of any linked sites, including without limitation any link contained in a linked site, or any changes or updates to a linked site. We are not responsible for any form of transmission, whatsoever, received by you from any linked site. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked sites or any association with its operators or owners including the legal heirs or assigns thereof. You are requested to verify the accuracy of all information before undertaking any reliance on such information.

Disclaimer of Warranties/Limitation of Liability

All information, content, materials, products (including software) and other services included on or otherwise made available to you by Yellow Turban are provided on an as is basis, unless otherwise specified. We make no representations or warranties of any kind, expressed or implied, as to the operation of the services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through Yellow Turban unless otherwise specified. You expressly agree that your use of the website is at your sole risk. We do not warrant that this website will be constantly available or available at all or that any information on this website is complete, true, accurate or non-misleading. We 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. You acknowledge, by your use of this website, that your use of this website is at your sole risk, that you assume full responsibility for all risks associated with all necessary servicing or repairs of any equipment you use in connection with your use of this website, and that we shall not be liable for any damages of any kind related to your use of this website. Though we shall make all endeavor to protect the website from any viruses or other illegal use. However we do not warrant that this website; information, content, materials, product (including software) or services included on or otherwise made available to you through the website; its servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on the website constitutes, or is meant to constitute, advice of any kind. All the products sold on the website shall be solely governed by the Indian laws. We do not take any responsibility in the event we are unable to deliver products due to implications of different territorial laws. Due to the nature of international shipping, occasionally a customer may have to pay additional import duties and taxes which are levied once a shipment reaches your country. However, we are unable to calculate when and how much customs duty will be levied. In the case where additional customs charges are assessed, you will be responsible for paying the additional fee. We take no responsibility for non-delivery of orders in case such taxes and duties are not accepted and settled by the recipient at the delivery address and will not provide any refunds in such cases. It is your responsibility to ensure that the products purchased on this website are not restricted in your territory. We shall not be responsible for any non-compliance with regard to the local laws of that territory for any product available on this website. Yellow Turban will not be liable for any damages of any kind arising from the use of any service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through the website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Indemnification

You agree to indemnify, defend and hold harmless Yellow Turban from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection thereof and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms.

Pricing

The price of our merchandise as mentioned on the website is the maximum retail price (MRP) for each product. Prices are subject to change, however the price displayed to you at checkout is the price that you pay. Additional applicable taxes may be charged depending upon the destination where the order has to be shipped to. We reserve the right to collect taxes and such other levy/ duty/ surcharge that it may have to incur in addition to the normal taxes we may have to pay. We may also charge a delivery fee, which may include postal charges / shipment charges that may be applicable for your country. Please see the Shipping Policy section of the website at [Shipping Policy] to see updated information on shipping charges.

Delivery

We endeavor but do not guarantee delivery of products in the stipulated time period as mentioned on the purchase of the product. In no manner can the contract be repudiated if Yellow Turban fails to deliver any one or more products in the stipulated time frame. However, if you fail to take the delivery of the goods, we may at our discretion charge you for additional shipping cost. An estimated delivery time is displayed on the order summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location. Sometimes, deliveries may take longer due to:

bad weather
flight delays
political disruptions
unavailability of a product
other unforeseen circumstances

In such cases, we will proactively reach out to you. Also, we will not be able to compensate for any mental agony caused due to delay in delivery.

Returns

At this point, we do not accept returns and exchanges. Should you have any questions or concerns please contact us at hello@yellowturban.com

Termination

We may suspend or terminate your use of the website or any service if we believe, in our sole and absolute discretion, that you have breached any of the terms. If you or Yellow Turban terminates your use of the website or any service, we may delete any content or other materials relating to your use of the service and we will have no liability to you or any third party for doing so. You shall be liable to pay for any product that you have already ordered till the time of such termination by us.

Governing Law

These terms and conditions shall be construed and the legal relations between you and us and shall be determined and governed according to the laws of India. If any dispute arises between you and us regarding your use of the website or your dealing with us in relation to any activity on the website, in connection with the validity, interpretation, implementation or breach of any provision of the terms and/or Privacy Policy, the dispute shall be subject to the exclusive jurisdiction to the Courts of Pune. Your obligations to pay your dues shall not be suspended during the pendency of such proceedings.

Headings

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the terms or the right to use the website by you or any other section or pages of the website or any linked sites in any manner whatsoever.

Severability

If any provision of the terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these terms shall continue to be in full force and effect.

Waiver

Failure by us to enforce at any time or for any period any one or more of the terms shall not be a waiver by us of them or of the right any time subsequent to enforce all terms.

Unauthorized Charges on your card

If you see charges on your credit/debit card for purchases made on the website but you never created an account or signed up, please check with your family members or business colleagues authorized to make purchases on your behalf, to confirm that they haven’t placed the order. If you’re still unable to recognize the charge, please report the unauthorized purchase within 60 days of the transaction to enable us to begin an investigation.

Cancellation of Fraudulent/Loss to Business Orders

To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, we reserve the right to cancel all past, pending and future orders without any liability. We also reserve the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on website and stock unavailability. We may also require additional verification 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 canceled after your card has been charged, the amount in question will be reversed to your Card Account. You may be considered fraudulent if any of the following scenarios are met:

You do not reply to the payment verification mail sent by us
You fail to produce adequate documents during the payment details verification
Misuse of another user’s phone/email
You use invalid email and phone number
Use of a special voucher not tagged to the email ID used.
You return the wrong product

You refuse to pay for an order

Grievance

Any grievances you have by way of use of the website can be addressed to us at hello@yellowturban.com

Disclaimer

From time to time there may be information on the website or in our catalog that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.