1. General terms of usage
In order to use our site, the user have accepted the following terms and conditions given below. We reserve the right to add, delete, alter or modify these terms and conditions at any time.
a) The user may carefully read all the information on products and services as provided in relevant sections.
b) All products are checked, screened and assured by the vendors to ensure that the products are of the standard, quality, design, composition, style or model that they are representative of.
c) The prices and availability of products are subject to change without prior notice at the sole discretion of our site.
d) Request for cancellations of orders should be in accordance with our return and refund policy.
e) We reserve the right to refuse or cancel any order placed for a product that is listed at an incorrect price or for any other reason. This shall be regardless of whether the order has been confirmed and/or payment been received. The payment shall be refunded in form of wallet credit at yaarmalls.com, which can be used for the next purchase from the website and the user shall be informed of the same.
f) If a non-delivery or late delivery occurs due to a mistake by the user (i.e. wrong or incomplete name or address or recipient not available), refund would be provided as per our refund policy. If the customer wants us re-deliver the same, the delivery cost to be paid by the user.
g) The User agrees to give accurate, authentic and true information, especially his address and mobile contact details.
h) Our site reserves the right to confirm and validate the information and other details provided by the user at any point of time. If any such user details are found not to be true wholly or partly, our site has the right in its sole discretion to reject the registration and debar the user from using the services of our site and / or other affiliated websites without prior intimation whatsoever.
i) Our site will not be liable for any type or kind of credit card fraud. The liability to use a card fraudulently will be on the user and the ones to 'prove otherwise' shall be exclusively on the user. The user must exclusively use his/her own card on the site.
j) Our site shall not be liable for any delay/non-delivery of ordered goods by the vendors (trade organizations, manufacturers / shops etc.), flood, fire, wars, acts of God or any cause that is beyond the control of us.
k) The User certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian.
l) We shall not entertain any complaints or request for refund after 24 hrs of the delivery of the product.
m) If the user has any question, doubts or confusion in regard to any of the terms & conditions set out herein, he should seek clarifications from us through contacting us using the contact options in the contact page and should wait for a written clarification before using the service.
n) If a non-delivery or late delivery occurs in any case then our site is not liable to pay / refund any amount more than order value of customer.
o) All products images are just for reference only, actual product color, fabrics and designs may vary from original picture.
2. User account, password, and security:
If You use the Platform, you shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name, Nick name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, we shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.
You agree to
a) immediately notify Yaarmalls of any unauthorized use / breach of your password or account and
b) ensure that you exit after signing out from your account at the end of each session.
3. Services offered:
Yaarmalls provides a number of Internet-based services through the Platform. One such Service enables Users to purchase original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands (collectively, "Products"). The Products can be purchased through the Platform through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. (which are found on the footer section of the Platform). Since the product information, including pictures, videos, features and specifications are provided by sellers, yaarmalls does not warrant that product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
4. Platform for transaction and communication:
The users at their own discretion, use the platform to meet and interact with one another for their transactions on the Platform. Yaarmalls is not and cannot be a party to or control in any manner any transaction between the Yaarmalls' Users and not limited to manufacturers, buyers, sellers, referrers, courier agents, warehouse team etc. Hence:
a) All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Yaarmalls does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
b) Yaarmalls does not make any representation or Warranty as to specifics (such as quality, value, scalability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform.
c) Yaarmalls is not responsible for any non-performance or breach of any contract entered into between users, and not limited to Buyers and Sellers. Yaarmalls cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform.
d) At no time shall Yaarmalls hold any right, title or interest over the products nor shall Yaarmalls have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.
e) The Yaarmalls is only a platform that can be utilized by users to reach a larger base to buy and sell products or services. Yaarmalls is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall Yaarmalls hold any right, title or interest over the products nor shall Yaarmalls have any obligations or liabilities in respect of such contract. Yaarmalls is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
f) Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
g) You release and indemnify Yaarmalls and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Yaarmalls and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Yaarmalls cannot take responsibility or control the information provided by other Users which is made available on the Platform.
5. User conduct and rules on the platform:
You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:
a) You shall not host, display, upload, modify, publish, transmit, update or share any information which:
o belongs to another person and to which You do not have any right to
o is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever
o is misleading in any way
o involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"
o promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous
o infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity
o contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
o provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
o contains video, photographs, or images of another person (with a minor or an adult).
o tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users
o interferes with another USER's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services
o 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
o violates any law for the time being in force
o threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to thecommission of any cognizable offence or prevents investigation of any offence or is insulting any other nation
o shall not be false, inaccurate or misleading
o shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers
b) A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:
o Misuse of another Users's phone/email
o Users uses invalid address, email and phone no.
o Overuse of a voucher code
o Use of a special voucher not tagged to the email ID used.
o Users returns the wrong product
o Users refuses to pay for an order
o Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to Yaarmalls
o User with excessive returns,
o Repeated request for monetary compensation for fake/used order
c) Yaarmalls may cancel any order that classify as 'Bulk Orders'/'Fraud orders' under certain criteria at any stage of the product delivery. An order can be classified as 'Bulk Order'/'Fraud Order' if it meets with the below mentioned criteria, and any additional criteria as defined by Yaarmalls:
o Products ordered are not for self-consumption but for commercial resale
o Multiple orders placed for same product at the same address, depending on the product category.
o Bulk quantity of the same product ordered
o Invalid address given in order details
o Any malpractice used to place the order
o Any promotional voucher used for placing the 'Bulk Order' may not be refunded
o Any order paced using a technological glitch/loophole.
d) Yaarmalls does not facilitate business to business transaction between Sellers and business customers. You are advised to refrain from transacting on the Platform if You intend to avail the benefits of input tax credit.
e) You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company and interrupt or causes to interrupt, damages the use by other Users of Yaarmalls.
f) You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads Yaarmalls by sharing multiple address and phone numbers or transacting with malafide intentions.
g) We on certain landing page even allow our Users to experience free exchange of ideas and observations regarding interest in the field of fashion, including ‘viewing user generated content’ and/or ‘videos’ and ‘posting comments’. By accessing, viewing and/or posting any user generated content to any specific dedicated page on the Platform, you accept and consent to the practices described in these ‘Terms of Service’ and ‘Privacy Policies’, as well as any other terms of prescribed by the Yaarmalls on the Platform. You agree and undertake that when accessing, viewing and/or posting any user generated content on these pages You will not imitate, abuse, harass, any Customer/User or violate and exploit, any of these ‘Terms of Service’ of the Platform.
h) You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
i) You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
j) You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity
k) You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
l) From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
m) You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us.
n) The Content posted does not necessarily reflect Yaarmalls views. In no event shall Yaarmalls assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
o) Yaarmalls hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the final Product as ordered by the User. Yaarmalls Return & Exchange Policy offers you the option to return or exchange items purchased on Yaarmalls within the return/exchange period (Please read the Product Detail Page to see the number of days upto which a product can be returned/exchanged, post-delivery). In case of return or exchange of the purchased item, please refer to the "Return and Exchange Policy" available on https://www.Yaarmalls.com/faqs#returns.
p) Please note that you can only use Yaarmalls Credits to buy products from your registered account on the Yaarmalls app or website. Yaarmalls Credits cannot be:
o Used for payment of orders placed on other Yaarmalls accounts.
o Transferred to any other Yaarmalls user's account, bank account, or wallets, etc.
6. Contents posted on platform:
You may use information on the products and services purposely made available on the Platform for downloading, provided that You
a) do not remove any proprietary notice language in all copies of such documents,
b) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
c) make no modifications to any such information, and
d) do not make any additional representations or warranties relating to such documents.
7. Disclaimer of warranties and liability:
All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Platform 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 forgoing paragraph, Yaarmalls does not warrant that: Platform will be constantly available, or available at all or The information on Platform is complete, true, accurate or non-misleading.
All the Products sold on Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller 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 Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, 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.
9. Facilitator of Transactions:
You agree, understand and acknowledge that Yaarmalls is an online platform that enables you to purchase products listed on the platform at the price indicated therein at any time. You further agree and acknowledge that Yaarmalls is only a facilitator and is not and cannot be a party to or control in any manner any transactions on Yaarmalls.
11. Trademark, copyright and restriction:
Platform is controlled and operated by Yaarmalls and products are sold by respective Sellers. All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Yaarmalls is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Yaarmalls or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.
12. Limitation of liability:
In no event shall Yaarmalls be liable for any direct or indirect, punitive, incidental, special, consequential damages or any other damages resulting from the use of the website
a) Yaarmalls shall not be held responsible for non-availability of the Yaarmalls during periodic maintenance operations or any unplanned suspension of access to the Yaarmalls. The User understands and agrees that any material and/or data downloaded at Yaarmalls is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, Yaarmalls’s liability shall be limited to an amount equal to the Products purchased value bought by You. Yaarmalls shall not be liable for any dispute or disagreement between Users
Yaarmalls may suspend or terminate your use of the Yaarmalls if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until Yaarmalls chooses to terminate them.nYaarmalls would hold the right to keep or purge your data at the discretion of yaarmalls
14. Governing law:
These terms shall be governed by and constructed in accordance with the laws of India and shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities in Kottayam, Kerala.
15. Contacting the seller:
As per our policy related to sellers, seller contact information would not be shared with any buyer, even if it involves any dispute on the product received by the buyer
You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through Yaarmalls. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the sellers or manufacturers of the products. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Platform. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. At no time shall any right, title or interest in the products sold through or displayed on Platform vest with Yaarmalls nor shall Yaarmalls have any obligations or liabilities in respect of any transactions on Platform.
Delivery Related - User agrees and acknowledges that any claims regarding order delivery (including non-receipt/ non- delivery of order or signature verification) shall be notified to Yaarmalls within 2 days from the alleged date of delivery of product reflecting on the Yaarmalls portal. Non notification by You of non-receipt or non-delivery within the time period specified shall be construed as a deemed delivery in respect of that transaction. Yaarmalls disclaims any liability or responsibility for claims regarding non-delivery, non-receipt of order (including signature verification in Proof of delivery) after 5 days from the alleged date of delivery of product reflecting on the Yaarmalls portal.
17. Multiple sellers
You understand that products of a particular style may be sold on the Platform by multiple sellers and the product price on the listing page of the Platform, may not always reflect the lowest price for that particular style.
18. Convenience fee
19. Promotional schemes and discounts
a. Yaarmalls would run multiple schemes and discounts to attract customers and improve the sales. These schemes and discounts are always and only for a limited period of time and can be stopped without prior notice. Even if it is not indicated at the time of the promotions, on the expiry dates, please note that all such promotions would have an expiry period and that would be decided by yaarmalls management. Any benefit other than the benefit of the purchase of the product should be deemed as a promotional benefit
20. Cancellation, Returns, Exchange and refund policy
a. If for any reason, you are not completely satisfied with a purchase, we request you to review our policy on refunds and returns.