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Terms and Conditions

These Terms and Conditions of Use constitute an electronic record in terms of the Information Technology Act, 2000 and rules made there under. This electronic record is generated by a computer system and does not require any physical or digital signatures.

OVERVIEW

The Website www.supergear.in (‘Website’) is operated and managed by Super Knit Industries, carrying on business under its brand name ‘Supergear’ and having its office at 348, A-Z Industrial Estate, G.K. Marg, Lower Parel (W), Mumbai – 400013. Super Knit Industries is hereafter referred to under its brand name, Supergear.

By accessing the Website and/or availing of the services provided through the Website, you hereby confirm that you are not a minor and that you are competent to contract and/ or agree and understand these Terms and Conditions of Use and the Privacy Policy as provided by Supergear. The Terms and Conditions of Use shall constitute an agreement between you and Supergear and be valid and effectively binding on you. The Terms and Conditions of Use, along with the Privacy Policy, form the entire agreement regulating your relationship with Supergear with regard to the use of the services and the purchase of the products offered on this Website. Please read these Terms and Conditions of Use carefully and ensure that you understand them before you use this Website. If you are not agreeable to any of these Terms and Conditions of Use, please do not use this Website. By accessing, browsing or using this Website, including the making of purchases on the Website, you acknowledge that you have read and understood these Terms and Conditions of Use and agree to be bound by them.

These Terms and Conditions of Use are subject to change and Supergear may, without prior notice to you and at any time, revise the same and any other information contained in this Website by updating these Terms and Conditions of Use. Please note that the restated Terms and Conditions of Use shall be effective immediately upon posting. Supergear may also make improvements or changes in the services provided by it as described in this Website at any time without notice. Hence, you are advised to regularly check for any amendments or updates to these Terms and Conditions of Use. Your continuous use of this Website will signify your acceptance of the changed terms. Supergear grants you non-exclusive and non-transferable, limited permission to access and view the webpages within this Website. Your failure to comply with the terms, conditions and notices on this Website will result in the automatic termination of any rights granted to you, without prior notice.

Except for the limited permission in the preceding paragraph, Supergear does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights or other proprietary or intellectual property rights. You may not mirror any of the content from this Website on another Website or in any other media.

INVITATION TO OFFER

All products, services and information displayed on this Website constitute an invitation to offer. Your order for purchase constitutes your offer, which shall be subject to the Terms and Conditions of Use as listed herein. Supergear reserve the right to accept or reject your offer in part or in full. The acceptance of your order will take place upon the dispatch of the product(s) ordered. No act or omission prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer. You will be notified by email as soon as possible, confirming receipt of your order and once again confirming dispatch and therefore acceptance of the order.

ACCURACY OF CONTENT

Supergear has taken every precaution in the preparation of the content of this Website, in particular, to ensure that prices quoted are accurate at the time of publishing and all products have been fairly described. A product may appear larger or smaller than the actual size of the product. You are requested to access the Size Chart as provided on the Website to verify the actual size of a product. It is also possible that Supergear has provided an enlarged image of the product on the Website for highlighting the product designs and features. Further, computer monitors and display settings may cause the colour or size of a product to seem different from the actual colour or size of the product. It is also possible that due to human and / or mechanical error, an incorrect price is shown for a product. To the extent permitted by applicable law, Supergear disclaims all warranties, express or implied, as to the accuracy of the information contained on this Website.

REGISTRATION

Supergear allows you to either sign in to the Website with your Facebook account, to sign in with your Email ID or to register with the Website in order to create your account with the Website.

Please note that the Registration process requires you to provide personal information such as your first name, last name and Email ID and further requires you to set a password for your account. In order to register yourself with Supergear by choosing not to sign in through your Facebook account or your Email ID, you will be required to click on the ‘Don’t have an account? Sign up!’ option. Upon clicking on this option, you will be required to provide the above-mentioned information. Once you have filled in the required details, you will be required to click on the ‘Sign up with email’ option. Once you click on this option, an email will be sent to the Email ID provided by you. You can then activate your account by following the instructions mentioned in this email. Upon clicking on the link provided in the email for activation of your account, you will be required to set a password and confirm the same. After providing the password, you must click on the ‘Activate Account’ option. Upon clicking on Activate Account, your account will be activated. In the event that your account was created erroneously then you may click on ‘Decline Invitation’.

Post activation, you will be able to view your account details such as your Order History and Shipping Address as registered with the Website / which you may register with the Website. You may view these details at any time by clicking on the human silhouette icon on the top right corner of the Website and may further edit the same to update our records with your information.

Please note that the registration of your account is a one-time process post which you may log in to your account on the Website and enjoy the advantages of being a registered user. Further, please note that you must ensure that your password is kept confidential at all times. Supergear will assume that you have sent any communication received through your account and under your password, unless Supergear receives any notification from you stating otherwise. You hereby undertake to indemnify Supergear from any loss, claim, damages, liability or action arising out of the unauthorized use of your account.

SUBSCRIBING TO THE SUPERGEAR NEWSLETTER

Once you create an account with Supergear, it is likely that you will without any further action on your part, be added to the Supergear mailing list and consequently, you will receive Supergear Newsletters from time to time. Supergear also provides you the option to register yourself for receiving information pertaining to special offers and updates by signing up for the Supergear Newsletter in the event that you do not automatically receive the Supergear Newsletter. You can subscribe for the newsletter by providing your Email ID in the space provided under the term ‘Newsletter’ on the bottom right corner of the Website and clicking on ‘Subscribe’. Any information provided for this purpose is also governed by the Privacy Policy of this Website.

USER TERMS

By registering with the Website and placing an order for the products available for sale on the Website, you represent to Supergear that such registration and purchase is for your personal and non-commercial use only. Further while using this Website, you acknowledge that you fully assume the risks of purchase and sale transactions and you further fully assume the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to the product(s) that are the subject of the transactions.

Further risks shall include but are not limited to transportation accidents, governmental controls and embargos, etc. Other risks include the risks pertaining to the manufacture, importation, distribution, offer, display, purchase, sale and/or use of the products offered or displayed. You agree that Supergear shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences or expenditures of any kind that may arise as a result of or in connection with the afore mentioned risks.

PRODUCTS

The products available for sale on the Website include socks and accessories for men, women and children as more particularly described in the product information displayed upon clicking on a product. Please note that the products sold on the Website are made of various kinds of yarn, which are more particularly described in the product information. While selecting a product, you are advised to exercise ordinary prudence and caution with respect to any allergies or skin sensitivities that you may be suffering from. You hereby undertake not to hold Supergear responsible or liable in any manner whatsoever for any harm caused to you by the products owing to any allergies or skin sensitivities, which you may be suffering from.

FEATURES

Special Offers

Supergear provides you with various discounts and offers from time to time along with the option of registering with the Website for receiving updates about such promotional offers through the Supergear Newsletter. All promotional offers shall bear a unique ‘Coupon Code’, which must be specified by you at the time of purchase in order to avail the benefit of the offer. The applicability and duration of the use of a particular Coupon Code shall be decided at the sole discretion of Supergear and Supergear reserve the right to refuse the usage of such Coupon Code(s) at any point of time. Please note that Coupon Code(s) cannot be used along with any other special offers or promotions on the Website. The Special Offers tab on the Home Page contains the details as to the products which have any special offers associated with them.

Subscription

Supergear provides you with the option of registering for a Subscription plan, whereby you subscribe to receive one or more pairs of socks each month during the subscription period which may be determined from time to time. The Subscription option requires you to make a payment for the subscription period in advance. Notwithstanding anything contained in these Terms and Conditions of Use, Supergear shall not accept returns for products delivered to users under this option, other than return of products containing a manufacturing defect. Further, as the products under this option are often sold and delivered at a discounted rate, Supergear will not entertain any requests for cancellation of the Subscription plan or for refunds once the user has made the payment.    

Sale

Supergear may organize Sales wherein the products are sold to you at discounted rates or an assortment of the products is sold at a discounted rate for a limited period of time. The products falling within such sales will be displayed under the Sales tab on the Home Page. The specific terms and conditions pertaining to such Sales will be notified at the time of the Sale. In the event that any specific terms or conditions are not mentioned at the time of the Sale, the provisions of these Terms and Conditions of Use shall be applicable to the same. Please note that the provisions pertaining to the Exchange Policy or Return Policy shall not be applicable to the products sold at the time of a Sale. Supergear shall not entertain any requests for either exchange or return of a product sold at a discounted price unless the product bears a manufacturing defect, the determination of which will be made by Supergear and as more specifically stated in these Terms and Conditions of Use.    

PURCHASING A PRODUCT

Once you click on a product, you will be redirected to a page containing a Description of the product which includes a brief summary of the length, material and features of the product.

In order to purchase a product, you must select the Add to Cart option which will place the product chosen by you, into your Shopping Cart.

SHOPPING CART

In order to access the Shopping Cart and the items stored by you in the Shopping Cart, you can click on the shopping bag shaped icon on the top right corner of the Website. Upon clicking on this icon, you will be able to view the product(s) added by you to the Shopping Cart. You can change the quantity of products in the Shopping Cart and in the event that you have any special instructions with respect to the product(s) you wish to buy, you may provide the same in the field for ‘Special Instructions for Seller’. Please note that the fulfilment of the special instructions shall be subject to the availability of the product with the specific requirements and shall be at the sole discretion of the seller. Further, please note that product(s) made in accordance with special instructions provided by you shall not be available for return under any circumstances whatsoever.

Once you wish to purchase the product(s) in your Shopping Cart, you may click on Check Out option. Please note that as mentioned on this page, the shipping charges and taxes shall applicable to the product(s) being purchased by you shall be displayed at the time of Check Out.

CHECK OUT

Once you have provided the required information at the time of Check Out and have verified the price payable for the product, you may proceed to the payment methods page of the Website. Once the payment is made for the product(s) the purchase is complete and you will be provided an order number. Depending on the delivery partner selected by us to deliver your product you may or may not be provided a tracking number for tracking the delivery of the product(s). If you are provided a tracking number, you may track the delivery of your product either on the Website or on the Website of the delivery partner.

PRICING

The prices of the products available for sale on the Website are fixed and non-negotiable and are subject to change without prior notice. It is possible that the prices indicated on this Website are inaccurate due to technical or typographical errors. In the event that such an error occurs, Supergear reserve the right to correct the same. Please note that in such a case, incorrect and erroneous prices will not be enforceable against Supergear. Also note that if the listed price of the product(s) is lower than the actual price of the product(s) then Supergear will contact you for your instructions pertaining to the purchase. Further, in the event that such an error is discovered post the shipping of the product, you agree and represent that you will either return the product in question or pay the excess amount to Supergear within 2 (Two) working days of delivery of the product.

PAYMENT OPTIONS

For the purpose of payments, you will be directed to the webpage of the Payment Gateway partner engaged by us, PayU Payments Private Limited. You may make your payment in any form accepted by the Payment Gateway partner, which may include the following;

  1. Credit Card

    Payments may be made using Visa, MasterCard and American Express credit cards.

    To pay using your credit card, you will need your card number, the expiry date of the card and the three-digit CVV number of the card. You will then be redirected to your bank's secure page for entering your online password to complete the payment.

    • Debit Card

      Payments may be made using Visa, MasterCard and American Express debit cards.To pay using your debit card, you will need your card number, the expiry date of the card and the three-digit CVV number of the card. You will then be redirected to your bank's secure page for entering your online password to complete the payment.

      • Net banking / Payment Wallets

        You may also avail your bank's Internet banking services to make payments on this Website if such bank is displayed in the list of banks displayed by PayU Payments Private Limited. You may also make payments via various Payment Wallets, subject to the same being accepted by our Payment Gateway partner.

        • Cash on Delivery

          In the event that you do not wish to adopt any of the above mentioned payment methods, Supergear allows you the convenience of paying cash upon the delivery of the product at the required destination. However, please note that the Cash on Delivery option may be availed only for purchases for a maximum amount of Rs. 10,000/-.

          Please note that Supergear reserves the right, at its sole discretion, to limit the quantity of products purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same debit/credit card and also to orders that use the same billing and/ or shipping address. We will provide you a notification should such limit be applied.

          SUPERGEAR ON SOCIAL MEDIA

          Supergear also has a strong presence in social media to keep you updated and informed of its products at all times. You may follow Supergear on various social media such as Facebook, Twitter, Pinterest, Instagram, Google Plus and YouTube by clicking on the relevant social media icon on the bottom right corner of the Website. Please note that any accounts or pages on social media which do not redirect to the links provided on the Website are not the official and authorized social media accounts or pages of Supergear and Supergear shall not be responsible or liable for any activities from and to such unauthorized social media accounts and pages.

          MORE INFORMATION

          Additional information about the Website and its features may be obtained by clicking on the options available under the More Information section of the Website in the bottom left corner of the Website. The additional information is available under the heads – About Us, Contact Us, Careers and Track Your Order.

          CUSTOMER CARE

          The Customer Care section of the Website allows you to access the terms and policies of the Website, including these Terms and Conditions of use, the Return Policy, the Privacy Policy and the Shipping Delivery policy.

          CONFIDENTIAL AND PERSONAL DATA/ INFORMATION

          Any personal and identifiable information that is required to be collected by us shall be kept confidential in accordance with the provisions of our Privacy Policy. In addition to the same, the provisions of the following laws / rules / guidelines / regulations shall be applicable to the use of this Website:

          1. The provisions of Information Technology Act, 2000 relating to processing of personal data as may be amended from time to time;
          2. The provisions of the Information Technology (Intermediary Guidelines) Rules, 2011 as may be amended from time to time;
          3. The provisions of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 as may be amended from time to time.

          INTELLECTUAL PROPERTY RIGHTS

          Supergear is the sole owner or lawful licensee of all the rights of this Website and its content. Website content means its design, layout, text, images, graphics, sound, video, etc. The title, ownership and intellectual property rights in the Website and its content shall remain with Supergear, its affiliates or licensors of the content, as the case may be.

          Trademark

          'Supergear' and related icons and logos are registered or registration has been applied for Supergear in various jurisdictions and the same protected under applicable trademark and other intellectual property laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited and shall be subject to appropriate legal action against the unauthorized user.

          Copyright

          All content on this Website is the copyright of Supergear except the third party content and links to third party Websites on this Website, if any.

          DISCLAIMER OF WARRANTY

          Use of this Website is at your sole risk. All materials, information, products and services are provided 'as is', with no warranties or guarantees whatsoever. Supergear expressly disclaims to the fullest extent permitted by law, all express, implied, statutory and other warranties, guarantees or representations including without limitation, the warranty of merchantability, fitness for a particular purpose and non-infringement of proprietary and intellectual property rights. Without limitation, Supergear makes no warranty or guarantee that this Website will be uninterrupted, timely, secure or error free. Information on this Website, unless specifically promised or warranted to be correct, is not promised or guaranteed to be correct, current or complete and while Supergear makes its best effort to ensure accuracy of the information, data and general content, this Website may contain technical inaccuracies or typographical errors. Supergear assumes no responsibility for updating this Website to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in this Website.

          LIMITATION OF LIABILITY

          In no event will Supergear be liable to any person for any direct, indirect, incidental, special, exemplary or consequential damages of an type whatsoever related to or arising from this Website or any use of this Website or of any Website or resource linked to, referenced or accessed through this Website. This exclusion and waiver of liability applies to all causes of action, whether based in contract, warranty, tort or any other legal theories.

          FORCE MAJEURE

          You understand and agree that Supergear will not be liable for any loss or damage with respect to the use of this Website and purchase of products if the same arises out of any cause due to which Supergear is wholly or partly unable to perform its obligations and which is not reasonably within the control of Supergear or which is not a result of the fault or negligence of Supergear or which occurs despite all reasonable attempts of Supergear to avoid or mitigate the same and shall include without limitation, acts of God, war, riots, civil disturbances, cyclones, hurricanes, floods, earthquakes, storms and other natural calamities, epidemics, plagues, terrorist attacks, accidents, trade restrictions, acts of any government authority leading to a delay in adhering to the time lines of delivery or shipping, strikes, labour, employee difficulties and other events or circumstances that are beyond the reasonable control of Supergear.

          TERMINATION

          You understand and agree that Supergear reserves the right to terminate your registration and / or terminate your right to use this Website for any reason whatsoever, including without limitation, any act or omission in contravention of the Privacy Policy or of these Terms and Conditions of Use. You further understand and agree that any such termination may be effected without prior notice to you and you acknowledge and agree that Supergear may delete or deactivate your account immediately upon detecting any such reason, including without limitation, the contravention of the Privacy Policy or of these Terms and Conditions of Use.

          APPLICABLE LAW

          This Website is created and controlled by Super Knit Industries, having its address at Mumbai, India and shall be governed by the laws of India without reference to the conflict of laws. It is possible for you to obtain access to this Website from any jurisdiction in the world. This Website has been designed to comply with the laws of India. If any material on this Website or your use of the Website is contrary to the laws of the country / state where you are when you access it, we ask you not to use the Website in contravention of such law. You are responsible for being aware of the laws of your jurisdiction and complying with them.

          These Terms and Conditions of Use, the Privacy Policy and the general use of the Website shall be subject to the substantive laws of India

          DISPUTE RESOLUTION

          The courts in Mumbai shall have exclusive jurisdiction to hear, try and adjudicate on any dispute or difference in respect of the terms, conditions and disclaimers contained in these Terms and Conditions of Use and the Privacy Policy. The courts in Mumbai shall also have the exclusive jurisdiction to hear and decide any applications / motions or like proceedings for any preliminary or interim reliefs.

          All disputes or differences arising between you and Supergear as to these Terms and Conditions of Use or any other matter in relation to or in connection with your use of this Website shall be referred to a sole arbitrator who shall be appointed by Supergear as per the provisions of the Arbitration and Conciliation Act, 1996 or any amendments thereto. The seat and venue of arbitration shall be Mumbai and the language shall be English.

          OTHER TERMS

          Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

          The failure of the Website to enforce any right or failure to act with respect to any breach by you under these Terms and Conditions of Use will not waive that right nor waive Supergear's right to act with respect to subsequent or similar breaches.

          Supergear shall have the right to assign its obligations and duties as mentioned herein and in any agreement relating to any or all of its products and services to any person or entity.

          In the event that any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provision shall continue to be in force.

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