Terms & Conditions
TERMS & CONDITIONS
The domain name www.theurbanswank.com (“Website”) is a company incorporated under laws of India with our registered office at Kothrud, Pune 411038 (“Company/The Urban Swank”).
The Urban Swank enables the world's artists as well as in house artist to earn money from their artwork by making it immediately and easily available for sale as a variety of products - without giving up control of their rights except in house artist where the rights are reserved with company. We believe it is essential that all The Urban Swank users respect copyright. Whether you’re an artist, a customer, or just casually browsing the Website, please respect the copyright of all the works you see or buy on The Urban Swank.
By using the services on the www.theurbanswank.com, you are agreeing to the following terms of service, conditions, policies, etc. (“Terms of Service”) including those available by hyperlink, with The Urban Swank, which may be updated by us from time to time. Please check this page regularly to take notice of any changes we may have made to the Terms of Service.
We reserve the right to review and withdraw or amend the services without notice. If you do not agree with its terms, kindly do not use this Website.
The Urban Swank provides a range of services including but not limited to, enabling you to publish, sell, comment on, promote, and purchase art related products; interact with other members; and receive the benefits of The Urban Swank’s product production service including payment processing, transaction handling, product manufacturing, packaging, order fulfilment, and customer service. For any further details you can emails us on contact@theurbanswank.com or mail us on postal address: Kothrud, Pune.
Services
TheUrbanSwank.com is an online retailer of apparel and lifestyle products offered at best value to the consumer. The Urban Swank shall ship the product to you after receiving order and is entitled to receive its payment for the service.
We may provide you with information about other services, we consider similar to those that you are either already using, or have enquired about, or that may interest you or any combination thereof. Upon registering with us, we may contact you by electronic means (i.e. either e-mail or SMS or telephone or any combination thereof) to inform about these services.
Exactness of the Product
The images of the items on the website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the items. Your items may vary slightly from those images. All sizes and measurements of items are approximate; however, we do make every effort to ensure they are accurate as possible. We take all reasonable care to ensure that all details, descriptions and prices of items are as accurate as possible.
Pricing
- We ensure that all details of prices appearing on the website are accurate, however errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. The products available on the website are for retail sales, intended for end user consumption and is in no away available for resale.
Additionally, prices for items may change from time to time without notice. However, these changes will not affect orders that have already been dispatched. The price of an item includes VAT, goods and service tax (or similar taxes) at the prevailing rate for which we are responsible as a seller. Please note that the prices listed on the website are only applicable for items purchased on the website and not through any other source.
Payment
Upon receiving your order we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.
Delivery
You will be given various options for delivery of items during the order process. The options available to you will vary depending on where you are ordering from. 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, delivery may take longer due to unforeseen circumstances. In such cases, we will proactively reach out to you by e-mail and SMS. However, we will not be able to compensate for any mental agony caused due to delay in delivery.
Returns & Refund
If you change your mind about any items purchased, you can return them to us. For more information on Returns and Refund, please refer to our Return Policy.
Intellectual Property Rights
All and any intellectual property rights in connection with the products shall be owned absolutely by the Company.
Law and Jurisdiction
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Pune.
Indemnification
You agree to indemnify, defend and hold harmless the Company, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs arising from your use of this website, your breach of these Terms of Service, or infringement of any intellectual property right.
CONTENT & COPYRIGHT POLICY
You understand that all information, images, pictures, data, text, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted, is the exclusive work and property of the person from whom such Content originated. The Urban Swank does not claim any permanent ownership of your Content except content generated in house. You retain copyright and any other rights you already hold in Content which you submit, post, upload, display, or sell on or through The Urban Swank. When you submit, post, upload, display, or sell Content, you grant The Urban Swank a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive (and sub-licensable) license to use and archive the Content in accordance with or as reasonably contemplated by this Agreement.
The Urban Swank cannot always manually screen Content before it is displayed on the Website, and occasionally members may inadvertently or deliberately submit and display content that breaches this Agreement. Inappropriate Content includes, but is not limited to, Content that infringes the copyright or other intellectual property rights of any person or company, or that defames or vilifies any person, people, races, religion or religious group, is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable.
The Urban Swank reserves the right to review, and if necessary, remove any Content from the Website or to cancel your account at its sole discretion, either because that content breaches this Agreement, or any applicable laws, or otherwise.
This means that you, and not The Urban Swank, are entirely responsible for all Content that you upload for sale as products, post, email, transmit or otherwise make available via The Urban Swank. The Urban Swank does not control the Content posted via The Urban Swank services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using The Urban Swank’s services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will The Urban Swank be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via The Urban Swank.
You understand that you will be exposed to Content from a variety of The Urban Swank users and that The Urban Swank is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Urban Swank with respect thereto, and agree to defend, indemnify and hold harmless The Urban Swank, its parent corporation, its subsidiaries, its employees, its licensors, and their respective officers, directors, employees, and agents to the fullest extent allowed by law regarding all matters related to your use of The Urban Swank service.
While we try to offer reliable data, we cannot promise that the Content and postings on Website will always be accurate and up-to-date. You will be responsible for ensuring that your posts are accurate and do not include misleading information. You agree that you will not hold us responsible for inaccuracies in any postings on the Website.
The Urban Swank and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Website. Without limiting the foregoing, The Urban Swank and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by The Urban Swank or submitted to The Urban Swank, including, without limitation, information about The Urban Swank collaborations, posts, or in any other part of the Website.
You acknowledge, consent and agree that The Urban Swank may access, preserve, and disclose your account information and Content if required to do so by law or in good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal processes; (ii) enforce the Terms of Service; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of The Urban Swank, its users, and the public.
By using services of The Urban Swank, you agree to receiving promotional or information content relevant to The Urban Swank through the medium of SMS or Email or both. Once you place an order with us, you automatically get subscribed to our order related Whatsapp notifications.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to the Website, delay or remove hosted Content, and take technical and legal steps to keep users off the Website if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our the Terms of Service.
The Urban Swank also reserves the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time, without providing any prior notice, and at its sole discretion.
LIABILITY
You will not hold The Urban Swank responsible for other users' Content, actions or inactions, or collaborations. We have no control over and do not guarantee the quality, safety, or legality of collaborations advertised, the truth or accuracy of users' Content, the ability of parties to deliver on collaborations, or that the parties will actually complete a transaction.
We cannot guarantee continuous or secure access to our services, and operation of the Website may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms, and conditions related to use thereof. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Website and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
You must ensure that your access to the Website and The Urban Swank Service is not illegal or prohibited by laws that apply to you.
You must take your own precautions to ensure that the process you employ for accessing The Urban Swank 's service does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of the Website or any linked website.
We do not accept liability for any losses arising directly or indirectly from a failure to provide any service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of service, or any transmissions by others in contravention of the registered members' obligations as set out in these Terms of Service.
You acknowledge that we may not be able to confirm the identity of other registered users or prevent them acting under false pretences or in a manner that infringes the rights of any person.
TRADEMARKS
If you use any of our trademarks in reference to our products or services, you must include a statement attributing that trade mark to us, and only after securing prior written permission from The Urban Swank to do so, which may be given, or refused, at its sole discretion, and subject to any terms or conditions it may deem fit. You must not use any of our trademarks in or as the whole or part of your own trademarks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products, or services (including this Website), or in a manner that implies any kind of any association/affiliation with The Urban Swank.
TERMINATION OF ACCOUNT
The Urban Swank may terminate your access to all or any part of its services at any time, with or without cause, with or without notice, effective immediately. You may terminate your use of the service at any time. However, you shall continue to be bound by all provisions of these Terms of Service, which shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
The Urban Swank will terminate your access to the site if you are determined to be, in The Urban Swank 's sole discretion, a repeat infringer of the Content & Copyright Policy and/or these Terms of Service.
The Urban Swank may, but shall not be obligated to, give you one warning if you have violated these Terms of Service prior to termination of your account.
By accepting the terms and conditions, the user consents to pay The Urban Swank the complete amount for the order placed by them from The Urban Swank. However, The Urban Swank does not control the amount charged to the user by their bank related to the their purchase from The Urban Swank, to which The Urban Swank disclaims any liability in this regard.
