Welcome to UnicaPelle! This document is an electronic record in terms of the Indian Contract Act, 1872, the Information Technology Act, 2000, the rules made thereunder, pertaining to electronic records. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which requires publishing the rules and regulations, privacy policy and Terms of Use for the access or usage of the UnicaPelle.com (“Platform”).

The Platform is owned by Unique Overseas Export hereinafter referred to as “Company” or “We” or “Us” or “Our” or “Unica Pelle”). For the purpose of this ToU (as defined below), the UnicaPelle and You may individually be referred to as a “Party” and collectively as “Parties”

 Through this Platform We sell various products and accessories as available and displayed on our Platform (“Products”). Further, through this Platform We may provide you with certain services which may be related to your purchase of the Products and use of the Platform. We request you to carefully read through these terms of service (hereinafter referred to as “Terms of Use” or “Agreement” or “ToU”) prior to using the Platform and Service. If you continue to browse, use or access the Platform or the website hosting the Platform or the Services, you irrevocably and unconditionally are agreeing to comply with, abide by and be bound by all the obligations as stipulated in this ToU, which together with our privacy policy and return policy, available at Return and Exchange and any other applicable policies referred to herein or made available on the Platform. These ToU not only apply to the Platform, but any such other platform, application, or website through which the Platform is made available to You. These ToU shall be binding upon You irrespective of the method or medium through which you are accessing this Platform.

 If you do not agree to be bound by all the conditions/terms enlisted in this ToU, please refrain from using the Platform, buying Our Products, and using Our services.

Update

Your use of the Platform and the Services is subject to Your adherence and compliance with these ToU, which may be updated, amended, modified, or revised by Us from time to time without notice to You. It is important for you to refer to these ToU from time to time to make sure that You are aware of any revisions, amendments, or modifications that we may have made to these ToU. After updating the ToU we will make best efforts to display a notification regarding the update on the Platform for a reasonable time period so that You get a reasonable opportunity to be aware of the update, however, Your continued use of the Platform on and after any update, amendment, modification or revision shall mean your agreement with the same.

Accuracy of Information

Unica Pelle has taken all reasonable care and steps in the preparation of the content of this Platform, in particular to ensure that prices quoted are correct at time of publishing and all Products have been fairly described. All prices are displayed inclusive of all the applicable taxes including but not limited to Goods and Service Tax (“GST”) under the Goods and Service Tax Act, 2017. The Products and the packaging of the Products may vary from that shown on the Platform. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colours of our products that appear on the Platform but the same may vary. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery. To the extent permitted by applicable law, UnicaPelle disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this Platform. UnicaPelle shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Platform.

While Unica Pelle strives to provide accurate product and pricing information, pricing or typographical errors may occur. Unica Pelle cannot confirm the price of a Product until after You order. In the event that a Product is listed at an incorrect price or with incorrect information due to an error in pricing or Product information, Unica Pelle shall have the right, at Our sole discretion, to refuse or cancel any orders placed for that Product, unless the Product has already been dispatched. If an item is mis-priced, Unica Pelle may, at its discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. Unless the Product ordered by You has been dispatched, Your offer will not be deemed accepted and Unica Pelle will have the right to modify the price of the Product and contact You for further instructions using the e-mail address provided by You during the time of registration, or cancel the order and notify You of such cancellation. If Unica Pelle accepts Your order the same shall be debited to your credit / debit card account and duly notified to You by email that the payment has been processed. The payment may be processed prior to Unica Pelle dispatch of the Product that You have ordered. If We must cancel the order after We have processed the payment, the said amount will be reversed back to your credit / debit card account. Invitation to offer and acceptance of offer

All Products and information displayed on the Platform constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions as listed herein. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon Your payment of the price of the Product(s) and Us generating a digital tax invoice for Your purchase of the Product(s) from the Platform. No act or omission of UnicaPelle prior to Your payment of the price of the Product(s) and UnicaPelle generating a tax invoice will constitute acceptance of Your offer. If You have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and therefore acceptance of the order.

Availability of the Platform

We at all times will make reasonable endeavors to provide You with an unfettered access to the Platform but We do not promise that the Platform will be available for use and to be accessed by You without any interruptions, errors viruses or other harmful components (which cannot be controlled by UnicaPelle). In case the Platform is not accessible due to any fault or issue at Our end we will ensure to resolve the same at the earliest and provide You with an access to the Platform at the earliest.

Eligibility of Use

Use of the Platform is available only to persons who can form legally binding contracts under the applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Platform. If your age is below 18 (Eighteen) years you are prohibited to use/purchase/contract from/with this Platform. Unica Pelle reserves the right to refuse to provide you with access to the Platform if We discover that you are under the age of 18 (Eighteen) years. Unless otherwise specified, the materials on this Platform are directed solely at those who access this Platform from India. Unica Pelle makes no representation that any Product or services referred to in the materials on this Platform are appropriate for use, or available outside India. Those who choose to access this Platform from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. Unica Pelle will deliver the Products only within India and will not be liable for any claims relating to any products ordered from outside India. Currently in India Unica Pelle only delivers the Products within Delhi NCR and Greater Mumbai regions. Unica Pelle will update this ToU once it starts delivering the Products in other regions and territories within India. Some Indian states prohibit direct sale of merchandise from other states and require special documentation to effect such a sale without dual taxation, if Unica Pelle receives an order from such states or to be delivered to such states under such circumstances Unica Pelle retains the right to accept or reject the order placed by You on the Platform and to deny to deny You from not purchasing any Product(s).

Access and use of the Platform

To purchase Products and to use the Platform You will have to register with Us and login onto the Platform through the login options made available by Us on the Platform. To register and login onto the Platform may be required to provide us with Your personal information such as Your name, phone number, email address, delivery address and all such similar information which is required by Us in relation to Your use of the Platform and purchase of the Products.

We will protect your Information in accordance with our privacy policy. If You use the Platform, You are responsible for maintaining the confidentiality of Your password and account and any activities that occur under Your account. UnicaPelle shall not be liable to any person for any loss or damage which may arise because of any failure by You to protect your password or account. If You know or suspect that someone else knows Your password or suspect any unauthorised use of Your password You should notify Us by contacting Us immediately through an email at the email address at the end of this ToU.

If Unica Pelle has reason to believe that there is likely to be a breach of security or misuse of the Platform, We may require You to change Your password or We may suspend Your account without any liability to Unica Pelle. Unica Pelle does not want to receive confidential, proprietary or trade secret information through this Website/app/chatbot (excluding information related to any order you submit). Please note that any information, materials, suggestions, ideas, or comments sent to Unica Pelle will be deemed non-confidential. By submitting any such information, you are granting Unica Pelle an irrevocable and unrestricted license to use, modify, reproduce, transmit, display, and distribute such materials, information, suggestions, ideas, or comments for any purpose whatsoever.

However, we will not use your name in connection with any such materials, information, suggestions, and ideas or comments unless we first obtain your permission or otherwise are required by law to do so. You also agree and confirm:

• To provide true, accurate, current and complete information about yourself as prompted by Unica Pelle registration form or guest details form (such information being the “Registration Data”).
• To maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if Unica Pelle has reasonable grounds to suspect that such information is untrue, inaccurate, and not current or not in accordance with this ToU or the privacy policy, then Unica Pelle has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Platform.
• In the event that a non- delivery occurs on account of a mistake by You (i.e. wrong name or address or any other wrong information) any extra cost incurred by Unica Pelle for redelivery shall be claimed from You and You shall pay such cost.
• That You will use the services provided by Unica Pelle, its affiliates, consultants, and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Platform and transacting on the Platform.
• You will provide authentic and true information in all instances where such information is requested of You. Unica Pelle reserves the right to confirm and validate the information and other details provided by You at any point of time. If upon confirmation Your details are found not to be true (wholly or partly), Unica Pelle has the right in its sole discretion to reject the registration and debar You from using the Platform.
• That You are accessing the services available on this Platform and transacting at Your sole risk and are using Your best and prudent judgment before entering any transaction through this Platform.
• That the address at which delivery of the Product(s) ordered by You is to be made will be correct and proper in all respects.
• That before placing an order You will check the product description carefully. By placing an order for a Product, You agree to be bound by the conditions of sale and invitation of offer included in the item’s description Usage Restrictions Your use of the Platform shall not be:
• unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
• facilitate illegal activity;
• depicts sexually explicit images;
• promotes unlawful violence;
• is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability;

Or

• in a manner that is otherwise illegal or causes damage or injury to any person or property; • gaining unauthorized access to other computer systems;
• breach any applicable law. We reserve the right, without liability to disable Your use or access of the Platform that breaches the provisions of these ToU.

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. You shall refrain from conducting any ethical hacking on the Platform.

Payment

For the payment of the price of the Products, We shall provide You an online link to enable direct transfer of money into Our designated account. The same shall be processed by an integrated third-party payment gateway operated by ‘Razorpay’ or such other third-party payment facilitator as may be appointed/identified by Us. While making the payment You may be redirected to an external online platform. The terms and conditions of such a third party payment gateway/third party online platform will be applicable to You while making payment to Us. Unica Pelle shall not be liable for any loss of payment or money due to actions of such third parties.

We do not store Your card data on Razor Pays servers. The data is encrypted through the payment card Industry Data Security Standard (PCI-DSS) when processing payment. For more insight you may also want to read the terms and conditions on Terms and Condition.

You agree, understand and confirm that the credit / debit card details or other financial details provided by You for purchasing the Products on the Platform will be correct and accurate and You shall not use the credit /debit card or financial facility which is not lawfully owned / obtained by You. You also understand that any financial information submitted by You is directly received by Our acquiring bank and not stored by Platform will not be liable for any credit / debit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on You. All information collected by Us shall be governed as per our Privacy Policy.

Modifications to the Products and prices

We may change the prices for our Products without notice. We also reserve the right at any time to modify or discontinue the Platform (or any part or content thereof) without notice at any time. For this, we shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Platform.

In the event a Product is listed at an incorrect price due to typographical error or error in pricing, we have the right to refuse or cancel any orders placed for the Product listed at the incorrect price. We shall have the right to refuse or cancel any such orders even if such orders have been confirmed by Us. In case of cancellation of the order by Us and You have paid Us for the Product(s) then we will initiate a refund of the amount.

Product disclaimers

Unica Pelle intends to provide You with best quality Products. All Products listed on the Platform are high quality Products and are unique in their own ways. However, below is some information that We would want You to understand while buying our Products.

• Due to high demand or short interruption of supply some Products may be visible on the Platform but may be unavailable and out of stock.
• Reproduction of colors is as accurate as possible, although please note, colors available at the stores may vary slightly from what is displayed on your monitor. Also, leather is a natural material and a slight variation is bound to appear in each item.
• Embossed leather: Some of our Products may use embossed leather. Embossed leather is a type of leather that has been stamped using heat and pressure to create design or pattern on the hide.
• Hardware Color: Some of the Products with metal hardware might tarnish or lose its shine over time due to weather conditions and usage. These are changes which occur due to the varied use and handling of the Product by You and cannot be held against Unica Pelle. Please check our care manual for making your product last longer.
• Defects and Scratches: All Products are handcrafted; hence no two Products are identical in their absolute measurements. There might be a slight change, but minimal to the eye which therefore would not change the essence of the design.
• Scratches and Marks: Scratches and marks on the leather surface are a part of the characteristics of the material. They do not qualify as defects. This can happen due to use over a period of time which enhances the look and feel of the product, adding to its vintage appeal. Products are only designed seeing and keeping in mind all the above-mentioned factors. Marks are common on leather as each skin is different to the other, as no two skins are the same. Please note, these are NOT considered as defects or rejects.

NOTE: Color variation cannot be subject to rejection of goods or merchandise. All our Products are dyed in natural dyes, in accordance with industry acceptable international standards.

Order dispatch and delivery Upon receipt of the money paid by You for purchasing the Product(s) We will provide You with a confirmation of Your order. Upon confirmation of the order an order cannot be cancelled. Once the order is confirmed we will dispatch the Product(s) from Our warehouse. The Product(s) are delivered to You by a third-party delivery partner. The date of delivery of the Product(s) depends on the address/region/area to which You have asked Us to deliver the Product. This information will be provided to You prior to placing an order with Us on the Platform. Prior to receiving and accepting the Product(s) please do inspect and check the Product(s) for any damages or defects. In case the Product(s) is damaged or defective then You can get the same replaced as per our exchange/return policy available at Return and Exchange. Please do note that once an order is placed by You and is confirmed by Us, then such order cannot be cancelled by You, there will be no refunds/exchanges/returns made by Us upon confirmation of the order.

Delivery of the Products is dependent on accuracy of information that You provide to us for delivery of the Product including but not limited to Registration Data, Your Product delivery address or any other information that may be required by Unica Pelle to deliver the Product. In case the information including the Registration Data, Your Product delivery address or any that may be required by Unica Pelle to deliver the Product in inaccurate and due to which We are not able to deliver the Product to You or if there is a delay in the delivery of the Product then Unica Pelle shall not be responsible for such non-delivery of the Product(s) or delivery of Product(s). In such case Unica Pelle will arrange for delivery of the Product(s) to the correct address but the delivery charges for such delivery of the Product(s) to the correct delivery address shall solely be borne by You and You shall be liable to make such payment to Unica Pelle prior to the delivery of the Product(s) to the correct address.

Order cancellation by Unica Pelle

We ensure that once an order is confirmed the Product shall be delivered to You. But in some cases due to circumstances which may be out of Our control we may not be able to deliver the Product(s). In such scenarios Unica Pelle shall have the exclusive right to cancel such orders placed. In case we cancel Your order we will refund the complete money You may have paid Us for purchasing the Product(s).

Intellectual Property

The Platform and the Products sold on the Platform are the sole property of Unica Pelle. You recognize that Our Platform, the reputation and goodwill associated with it and any other intellectual property displayed and provided on the Platform including but not limited to trademarks, Product images, Product designs, any illustration, audio or video clip, the interface of the Platform, are the sole property of Unica Pelle. You hereby agree and undertake that You shall not, at any time, do or attempt to do anything which will in any way impair Our rights in and to the intellectual property and the reputation and goodwill associated with the Platform. You hereby acknowledge that You will acquire no right, interest, or benefit in or to the intellectual property.

You shall not use Our registered trademark in any manner which may jeopardize the distinctiveness or validity of the trademark or logo. You shall not authorize, assist, or knowingly allow the use of Our trademark by any third party, without taking an express prior permission from Us.

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 website 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 of Unica Pelle, and is prohibited.

Indemnification and Limitation of Liability

You hereby agree to hold Us harmless and indemnified against any and all claims, lawsuits, actions, damages, liabilities and costs and expenses, including reasonable attorney fees, arising out of any act or omission of Yours in connection with Your obligations, representations or warranties hereunder and in case of breach of any of the applicable laws.

Neither Party shall be liable for any indirect, special, incidental, punitive or consequential damages arising out of or in connection with this Agreement, however caused, and under whatever cause of action or theory of liability brought (including, without limitation, under any contract, negligence or other tort theory of liability) even if such Party has been advised of the possibility of such damages. To the maximum extent permitted by the applicable laws Unica Pelle is not liable to you or anyone else for:

• Any decision, action or inaction taken in reliance on the information in, or connected with, this Platform.
• Your use or misuse of this Platform or any information or material contained on this Platform.
• The loss or modification of information or material transmitted from this Platform.
• Any defect, technical problem or virus attached to or arising from this Platform or the server.
• Any injury, illness or allergic reaction you or any other person may sustain due to leather, fabric, hardware, or usage of any of the Products bought from this Platform.
• the Products displayed being unavailable at any time.
• Your inability to access or use the Platform or any material on the Platform.
• the loss of confidentiality in any information or material transmitted to or from the Platform due to Your actions or inactions.

Unica Pelle its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Platform or that the operation of the Platform will be error free and/or uninterrupted. Consequently, Unica Pelle assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Platform; and/or any interruption or errors in the operation of the Platform.

Warranty

This Platform, all the materials and Products (including but not limited to software) and services, included on or otherwise made available to You through this 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 foregoing paragraph, Unica Pelle does not warrant that (i) this Platform will be constantly available, or available at all; or (ii) the information on this Platform is complete, true, accurate or non-misleading. To the fullest extent permissible pursuant to applicable law, Unica Pelle disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.

Unica Pelle does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

Unica Pelle 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 Platform. Unica Pelle does not warrant that this Platform; information, content, materials, software or services included on or otherwise made available to You through the Platform; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

Governing law and dispute resolution

This ToU and all questions of its interpretation shall be construed in accordance with the laws of India, without reference to its principles of conflict of laws and subject to the other provisions of these ToU, courts at Kolkata shall have exclusive jurisdiction over the matters relating to this ToU.

Miscellaneous

The ToU and our privacy policy are the entire agreement between You and Company with respect to Your use of the Platform and purchase of the Products, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and Us with respect to the use of the Platform and purchase of Product(s). If any provision of the ToU is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the ToU will otherwise remain in full force and effect and enforceable. The failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The ToU are personal to You and are not assignable or transferable by You except with Our prior written consent. We may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created because of the ToU and neither Party has any authority of any kind to bind the other in any respect. All notices under the ToU will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service. We shall have no liability to You under this Agreement if it is prevented from or delayed in performing its obligations under this ToU, by acts, events, omissions or accidents beyond Our reasonable control, including, without limitation, strikes, lock-outs, pandemics, lockdown restrictions as issued by the government or other industrial disputes, failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, provided that You are notified of such an event and its expected duration. This ToU may be made available to in parts and all such parts shall constitute a part of this ToU and shall always be binding on You.

Grievance Redressal Mechanism

Any discrepancies or grievances about Our Products or Platform shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email to Ms. Rituparna Basak (“Grievance Officer”) at info@unicapelle.com

Contact

If You have any questions regarding the Products or the Platform, please contact Us at info@unicapelle.com or reach out to our service care number. Please note that for the purpose of validation, You shall be required to provide information (including, but not limited to Your email address, contact number or registered mobile number, etc.) for the purpose of validation and taking Your service request.

Communication

By providing your phone number and email ID to us, You consent to be contacted by us via phone calls and/or SMS notifications and/or email ID, in case of any transaction messages (i.e.) order, shipment delivery, returns, refund related updates. Also, Unica Pelle can contact you through messages, emails or any other form of communication regarding availability of new Products, Products which are back in stock, Product discounts, etc. If your phone number is registered under the National Do Not Call Registry, we will not use your personal information to initiate any promotional phone calls or promotional SMS.

Reviews, feedback and submissions

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Unica Pelle on or by this Platform or otherwise disclosed, submitted or offered in connection with your use of this Platform and the Products (collectively, the “Comments”) shall be and remain Our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Unica Pelle of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Unica Pelle owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Platform will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Unica Pelle is and shall be under no obligation (a) to maintain any Comments in confidence; (b) to pay you any compensation for any Comments; or (c) to respond to any Comments. You agree that any Comments submitted by you to the Platform will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Platform will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass Mailings or any form of ‘spam’ Unica Pelle does not regularly review posted Comments but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Platform. You grant Unica Pelle the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make, and you agree to indemnify Unica Pelle and its affiliates for all claims resulting from any Comments you submit. Unica Pelle and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.