This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. 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 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.evshopify.com website.

 

Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If you transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Evshopify and these terms and conditions including the policies constitute your binding obligations, with Evshopify.

 

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. Evshopify allows the User to surf the Website or making purchases without registering on the Website. The term "We", "Us", "Our" shall mean Evshopify.

                                                               

When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

 

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Evshopify Policies ((including but not limited to Privacy Policy available on /s/privacy policy) as amended from time to time.

 

1. General

Evshopify is a company incorporated under the laws of India, with its registered office at, 11th floor Devika Tower, 1109, Nehru place, New Delhi 110019, India. Evshopify is an intermediary in the form of an online marketplace and is limited to managing the Website to enable seller to exhibit, advertise, display, make available and offer to sell the products and to enable buyer to purchase the products so offered ("Products"), and other incidental Services thereto ("Services") including use of the Website by any User.

If there is any conflict:
(i) between the Privacy Policy and any other Agreement, the Privacy Policy shall take precedence' but only to the extent of the conflict;
(ii) between the Additional Service Terms and any other part of these Terms of Use, the Additional Service Terms shall take precedence in relation to that Service;
(iii) between these Terms of Use and any other notices, disclaimers or guidelines appearing on the Website, these Terms of Use shall take precedence but only to the extent of the conflict.

 

2. Services

The Website is an electronic platform in the form of an electronic marketplace and an intermediary that (a) provides a platform for Users (who are sellers) to advertise, exhibit, make available and offer to sell various Products to other Users (who are buyers / customers), and (b) a platform for such other Users to accept the offer to sell of the Products made by the sellers on the Website and to make payments to the sellers for purchase of the Products, and (c) services to facilitate the engagement of buyers and sellers to under commerce on the Website, and (d) such other services as are incidental and ancillary thereto. The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Products.

 

3. Your Account

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website. You agree and acknowledge that you will use your account on the website to purchase products only for your personal use. Evshopify.com reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.

 

4. Access to evshopify.com

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

 

5. E-Platform for Communication

You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that Evshopify is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on Evshopify.com.

 

6. Privacy

Please review our Privacy Policy, which also governs your visit to evshopify.com, to understand our practices. The personal information / data provided to us by you during the course of usage of Evshopify.com will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.

 

7. Payments Related Information

You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/debit card or pre-paid instrument account. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of your credit/debit card details or pre-paid instrument account. Evshopify expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card or pre-paid instrument account.

Evshopify may have existing arrangements with its banks, regarding limits on the amounts you can pay in the course of a single transaction. Evshopify will work towards ensuring that you are made aware of such limits if they may be applicable to you. However, Evshopify shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of You/cardholder having exceeded the preset limit mutually agreed by Evshopify with its bank from time to time.

For Your making payments for buying the Products on the Website, in addition to the Agreement(s), the terms and conditions of your bank, applicable financial institution and/or card issuing association may also be applicable to you. Your bank, financial institution or card issuing association may decline or prevent you from making electronic payments for buying the Products on Website and Evshopify does not control the same and shall be liable for the same.

 

8. Reviews, comments, communications and other content

Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. evshopify.com reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of Evshopify.com violates these Conditions of use and, or terminate your permission to access or use this website.

 

9. Claims against Objectionable Content

You can refer to the product detail page on Evshopify.com for checking any product details provided by the seller regarding the following.

• the total price in single figure of any good or service, along with the breakup price for the good or service, showing all the compulsory and voluntary charges such as delivery charges, postage and handling charges, conveyance charges and the applicable tax, as applicable. These details are available on the invoice issued to you. To understand how to generate an invoice you can refer here.
• Mandatory notices and information provided by applicable laws.
• Goods and services offered for sale by the seller including country of origin which are necessary for enabling the consumer to make an informed decision at the pre-purchase stage.
• Guarantees or warranties applicable to such goods or services. .Further, all contractual information required to be disclosed by law is incorporated as part of the Evshopify Services Agreement executed by each seller Evshopify.com, prior to listing its products.

 

10. Valuing, Availability and order Processing

All costs are recorded in Indian rupee (INR) and are comprehensive of TAX and are recorded on the Site by the merchant that is selling the item or administration. Things in your Shopping Cart will consistently mirror the latest value shown on the thing's item detail page. If it's not too much trouble note that this cost may vary from the value appeared for the thing when you previously put it in your truck. Putting a thing in your truck doesn't save the value that appeared around then. It is additionally conceivable that a thing's cost may diminish between the time you place it in your bin and the time you buy it.

We don't offer value coordinating for any things sold by any merchant on our Site or different site. We list accessibility data for items recorded on the Site, remembering for every item data page. Past what we state on that page or generally on the Site, we can't be increasingly explicit about accessibility. It would be ideal if you note that dispatch gauges are only that. They are not ensured dispatch times and ought not to be depended upon in that capacity. As we process your request, you will be educated by email or SMS if any items you request end up being inaccessible. It would be ideal if you note that there are situations when a request can't be prepared for different reasons. The Site maintains whatever authority is needed to won't or drop any request in any way, shape or form at some random time. You might be approached to give extra confirmation or data, including yet not constrained to telephone numbers and address, before we acknowledge the request.

So as to keep away from any extortion with a credit or check cards, we maintain whatever authority is needed to acquire approval of your instalment subtleties before furnishing you with the item and to confirm the individual data you imparted to us. This confirmation can take the state of a character, spot of habitation, or banking data check. The nonappearance of an answer following such a request will naturally cause the wiping out of the request inside a sensible timetable. We maintain whatever authority is needed to continue to coordinate undoing of a request for which we presume a danger of false utilization of banking instruments or different reasons without earlier notice or any ensuing lawful obligation.

If there is any mistakes found regarding pricing (example- overpriced than the MRP or lower price than the MRP) of any product and if the seller delivers that mispriced product even after notified by customer and if any action is not taken by the seller even after notified by customer then the seller will be solely legally liable for this.

 

11. Stock availability

The orders are subject to availability of stock. If there is any problem with stock then the order can be cancelled at any time, irrespective of any duration.

12. Delivery Timeline

The delivery might take longer than usual timeframe/line to be followed by Evshopify. The delivery timeframe is only subject to estimation and please consider and calculate the announced timeframe as working days. It might vary depending upon the circumstances. Delivery might be delayed due to force majeure events which include, but not limited to, political unrest, political event, national/public holidays/official holiday(s), etc

 

13. Returns Policy

1. If your item is faulty/harmed or mistaken/deficient at the hour of conveyance, if you don't mind, please get in touch with us inside the pertinent return window. Your item might be qualified for discount or substitution relying upon the item class and condition.

2. Please note that a few items are not qualified for arrival if the item is "Never again required"

3. For gadget related issues after use or the lapse of the arrival window, we will allude you to the brand guarantee focus (if relevant).

4. Please note that you should keep and be able to provide proper documentations and proof about your return/refund claim (i.e. unboxing video, receiving invoice, etc.).

 

14. Cancellation

Evshopify retains unqualified right to cancel any order at its sole discretion prior to dispatch and for any reason which may include, but not limited to, the product being mispriced, out of stock, expired, defective, malfunctioned, and containing incorrect information or description arising out of technical or typographical error or for any other reason.

 

15. Refund

In case of any cancellations of any order(s) due to inevitable circumstances the paid amount would be refunded as the customers’ Evshopify account firstly. Customer need to report an issue as refund category and should mention his/her desired refund type (i.e. UPI/bank) along with details (personal number, bank account, UPI details)

 

16. Use of Content

Except as expressly indicated to the contrary in any applicable Additional Service Terms, Evshopify hereby grants you a non-exclusive, revocable and non-transferable right to view, download and print product catalogues available on the Website, subject to the following conditions:

You may access and use the product catalogues solely for personal, informational, and internal purposes, in accordance with these Terms of Use;

You may not modify or alter product catalogues available on the Website. You may not distribute or sell, rent, lease, license or otherwise make the product catalogues available on the Website available to others; and you may not remove any text, copyright or other proprietary notices contained in the product catalogues available on the Website.

The rights granted to you in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.

Any software that is available on the Website is the property of Evshopify or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by the Agreement or by the express written permission of Evshopify.

 

17. Intellectual Property Rights

The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Evshopify or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to you in respect of such Content. Evshopify reserves the right to change or modify the Content from time to time at its sole discretion.

The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Evshopify or their vendors/seller or respective third parties. You are not permitted to use the Marks without the prior consent of Evshopify, the vendor/seller or the third party that may own the Marks.

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Evshopify owns all intellectual property rights to and into the trademark " Evshopify ", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Evshopify or thirty party owner of such Content.

18. Terms

The Agreement will continue to apply until terminated by either you or Evshopify as set forth below. If you want to terminate your agreement with Evshopify, You may do so by (i) not accessing the Website; or (ii) closing Your Account for all of the Services that you use, where Evshopify has made this option available to you.

You agree that Evshopify may, in its sole discretion and without prior notice, terminate your access to the Website and block your future access to the Website if Evshopify determines that you have violated the terms of these Terms of Use or any other Agreement(s). You also agree that any violation by you of the Agreement(s) will cause irreparable harm to Evshopify, for which monetary damages may be inadequate, and you consent to Evshopify obtaining any injunctive or equitable relief that Evshopify deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Evshopify may have at law or in equity.

In addition to Clause above, Evshopify may, at any time, with or without notice, terminate these Terms of Use (or portion thereof, such as any individual Additional Terms) with you if:
Evshopify is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies; the provision of the Services to You by Evshopify is, in Evshopify’s opinion, no longer commercially viable;

Evshopify has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or In the event Evshopify faces any unexpected technical issues or problems that prevent the Website and / or Services from working.

Evshopify may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the Services.

You agree that all terminations shall be made in Evshopify 's sole discretion and that Evshopify shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.

Notwithstanding the foregoing, these such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until Evshopify chooses to terminate them. Evshopify may inform the sellers who have accepted your purchase orders on the Website that this Agreement is terminated, and upon such information sellers may cancel the purchase order. Evshopify may also cancel all your non-fulfilled orders on the Website without any obligation or liability towards you.

 

19. Governing Law and Jurisdiction

These Terms of Use and all transactions entered into on or through the Website and the relationship between you and Evshopify shall be governed in accordance with the laws of India without reference to conflict of laws principles.

You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms of Use, the Agreement(s) or any transactions entered into on or through the Website or the relationship between You and Evshopify shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.

 

20. Communications

When You use the Website or send emails or other data, information or communication to Evshopify, You agree and understand that You are communicating with Evshopify through electronic records and You consent to receive communications via electronic records from Evshopify periodically and as and when required. Evshopify will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law,

 

21. Losses

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.

 

Thank you for accessing/shopping at  Evshopify.com. This site is owned by Jyva engineering Private Limited  (hereinafter referred to as “Evshopify.com”). By accessing, shopping on this site, you indicate your unconditional acceptance of these terms & conditions. We reserve this right, in our sole discretion, to update or revise these terms & conditions. Continued use of the site following the posting of any changes to the ‘terms & conditions’, constitutes your acceptance of those changes. At “evshopify.com”, we try our best to create a space where you can explore and shop for all your favorite things in a safe and secure environment. All products and information displayed on “evshopify.com” constitutes an "invitation to offer". “Evshopify.com” reserves the right to accept or reject your offer. Your order for purchase, constitutes your "offer" which shall be subject to the terms and conditions as listed below.

 

1. Eligibility to use our site

Use of the Site is available only to persons who can legally enter into contracts under applicable laws. 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 Site. “Evshopify.com” reserves the right to terminate your access to the Site if it discovers that you are under the age of 18 years or suffers from any other disability, as recognized under Indian Contract Act, 1872.

 

2. Membership

Although it's essential to have an account to shop with “Evshopify.com”, you can shop As a member, you agree to provide true, accurate, current, and complete information about yourself as prompted by the site's registration form. Registration where prohibited under any law shall be void. “Evshopify.com” reserves the right to revoke or terminate your registration for any reason at any time, without notice.

 

3. Electronic Communications

When you use the site or send emails or other data, information or communicate to us, you agree and understand that you are communicating with us electronically and give your consent to receive communications electronically from us periodically, when required.

 

4. Reviews, Feedback, Submissions

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to “Evshopify.com” directly or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively referred to "Comments") will remain “Evshopify.com” property. Such disclosure, submission or offer of any comments shall constitute an assignment to “Evshopify.com” of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the comments,thus, it exclusively owns all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise. “Evshopify.com” 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. “Evshopify.com” is and shall be under no obligation (1) to maintain any Comments in confidence; or (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any comments submitted by you to the Site 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 site will be 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".

“Evshopify.com” does not regularly review posted comments, but does reserve the right (but not the obligation) to monitor and edit or remove any comment submitted to the Site. You grant “Evshopify.com” the right to use the name that you submit in connection with any of the posted 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 “Evshopify.com” and its affiliates for all claims resulting from any Comments you submit, we take no responsibility and assume no liability for any comments submitted by you or any third party.

 

5. Accuracy of Content/ Information of Products on the Web Site

While “Evshopify.com-” strives to provide accurate product and pricing information, typographical errors may occur. 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, “Evshopify.com” shall have the right, on our sole discretion, to modify the price of the products, or information of the products or to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event.