Please read the following terms and conditions carefully as your use of the service is subject to your acceptance of and compliance with the following terms and conditions (“Terms” ) and the linked Privacy Policy, before you may use www.fivestitch.com (hereinafter referred to as “Site” or “5 Stitch ” or “we” or “our”) . These Terms, references to “you”, “User” shall mean the end user accessing the Website, its contents and using the Services offered through the Website.  The Site allows you to browse, select and purchase Clothing (“Goods” or “Products” or “Services”).

By subscribing to, using any of our services and any purchases made by you through the website shall signify your acceptance of the supply terms and your agreement to be legally bound by the same. In addition to the foregoing, you shall also be bound by the terms of use of the website or additional terms of service which are displayed with the selection of the product. If there is any conflict between the supply terms and the additional terms, the additional terms shall take precedence in relation to that sale.

Your use of this website www.fivestitch.com (hereinafter referred to as the “Site”) and its related sites, services and tools). These Terms & Conditions are effective upon acceptance and governs the relationship between you and 5 Stitch, a company incorporated under the laws of India. Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. www.fivestitch.com at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.

If this Terms & Conditions conflicts with any other document, the Terms & Conditions will prevail for the purposes of usage of the Site. If you do not agree to be bound by this Terms & Conditions and the Privacy Policy, you may not use the Site in any way. For the purposes of this Terms & Conditions the term ‘Acceptance’ shall mean your affirmative action in clicking on ‘check box’ and on the ‘continue button’ as provided on the registration page or such other actions that implies your acceptance.

The Company may amend this Agreement and/or the Privacy Policy at any time by posting a revised version on the Site. All updates and amendments shall be notified to you via posts on website or through e-mail. The revised version will be effective at the time we post it on the Site, and in the event you continue to use our Site, you are impliedly agreeing to the revised Terms & Conditions and Privacy Policy expressed herein.

Please read these terms and conditions carefully. These terms & conditions, as modified or amended from time to time, are a binding contract between the company and you. If you visit, use, or shop at the site (or any future site operated by the company, you accept these terms and conditions). In addition, when you use any current or future services of the company or visit or purchase from any business affiliated with the company or third party vendors, whether or not included in the site, you will also be subject to the guidelines and conditions applicable to such service or merchant. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will prevail.

If this Terms and Conditions conflicts with any other document, the Terms and Conditions will prevail for the purposes of usage of the Site. As a condition of purchase, the Site requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. You can opt out of our promotional emails anytime by clicking the UNSUBSCRIBE link at the bottom of any of our email correspondences. Please see our Privacy Policy for details. The offers made in those promotional emails or SMS/MMS shall be subject to change at the sole discretion of the Company and the Company owes no responsibility to provide you any information regarding such change. By placing an order, you make an offer to us to purchase products you have selected based on standard Site restrictions, Merchant specific restrictions, and on the terms and conditions stated below. You are required to create an account in order to purchase any product from the Site. This is required so we can provide you with easy access to print your orders and view your past purchases.

The Site/Company takes no responsibility for the services or products that are sold or supplied by third party vendors. The Company makes no warranty to their end users for the quality, safety, usability, or other aspect of a product or service that is supplied by a Merchant and/for some services or activities that involve potential bodily harm, and for those activities, the Company takes no responsibility for the service or activity being offered, and the End User takes responsibility for his or her own actions in utilizing those services.

TO READ THE COMPLETE TERMS AND CONDITIONS, PLEASE SEE BELOW:

DESCRIPTION OF SERVICES

In the Site, We provide users with access to clothing that can be purchased at the price mentioned on the site.

AVAILABILITY OF WEBSITE

This Agreement sets forth the terms and conditions that apply to the use of the Site by the User. By using this Site, the User agrees to comply with all of the Terms & Conditions hereof. The right to use the Site is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of their password(s), if any. The User acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the internet. While it is the Company’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of the Company, access to the Site may be interrupted, suspended or terminated from time to time. The Company shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Company may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

USER ACCOUNT, PASSWORD, AND SECURITY

If you register with 5 Stitch to avail the services You will create an account with a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify 5 Stitch of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. 5 Stitch cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.

PRIVACY POLICY

You hereby consent, and agrees that You have read and fully understand the Privacy Policy of the Website at [privacy policy#]. You further consent that the terms and contents of such Privacy Policy are acceptable to You.

COLORS

While we have made every effort to display as accurately as possible the colours of the products that appear on the Site, we cannot guarantee that your monitor or screen’s display of any colour will be completely accurate, as computer monitors and screens of electronic devices vary.

ELECTRONIC COMMUNICATIONS

When You use the Site or send emails or other data, information or communication to us, You agree and understand that You are communicating with us through electronic records and You consent to receive communications via electronic records from us periodically and as and when required. We will communicate with You by email or by an electronic record on our Site which will be deemed adequate service of notice / electronic record.

LICENSE AND SITE ACCESS

We grant you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by us to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by us.

PRICING INFORMATION IN CASE OF SALE BY US

We strive to provide you with The Best Range. The Best Price. Possible on products and/or services you buy from us, however, We do not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without any prior notice. The prices mentioned on the Site are not subject to comparison with the same or similar product(s) and/or service(s) available through any online or offline sale. The pricing is subject to our pricing policy and the prices shall be determined only at our sole discretion.

While we strive to provide accurate product and pricing information, pricing or 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, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that we accept your order the same shall be debited to your credit card account. The payment may be processed prior to our dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your account. No refunds shall be applicable on the orders made by the User under the Cash on Delivery (“COD”) option.

CANCELLATION BY US

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit/debit card has been charged, the said amount will be reversed back in your Card Account.

CANCELLATIONS BY THE USER

In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and provide you the credit note. A request for cancellation of order shall be valid and accepted only if they are made within 48 (Forty Eight) hours of making the order on the Site. We will not be able to cancel orders that have already been processed or orders for which request for cancellation is made after the expiry of 48 (Forty Eight) from making the order. We have the full right to decide whether an order has been processed or not. The User agrees not to dispute the decision made by us and accepts our decision regarding the cancellation.

** Please note we will provide you the credit note for product exchange which will be valid for 365 days.

FRAUDULENT /DECLINED TRANSACTIONS

We may constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing our services fraudulently shall be liable for legal actions under applicable law and we reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, We reserve the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.

We as a merchant 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 the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

CREDIT CARD DETAILS

You agree, understand and confirm that the credit card details provided by you for availing of services on the Site will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to us. Further the said information will not be utilized and shared by us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any credit 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.

DISCLAIMER OF WARRANTY

All content, products, and services on the site, or obtained from a website to which the site is linked (a “linked site”) are provided to you “as is” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. All warranties, if any, relating to the product and services would be provided by the manufacturer/supplier of such product and not by us. Any claim in relation to the same should be raised against respective manufacturer/supplier and not against us in any case whatsoever. We do not endorse and are not responsible for:

(a) the accuracy or reliability of any opinion, advice or statement made through the site by any party other than us,
(b) any content provided on linked sites or
(c) the capabilities or reliability of any product or service obtained from a linked site. Other than as required under applicable consumer protection law, under no circumstance will we be liable for any loss or damage caused by a user’s reliance on information obtained through the site or a linked site, or user’s reliance on any product or service obtained from a linked site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.

LIMITATION OF LIABILITY

You expressly understand and agree that the company and its subsidiaries, affiliates, officers, employees, agents, shareholders and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, opportunity, goodwill, use, data or other intangible losses (even if the company has been advised of the possibility of such damages), resulting from use of the site, sale and supply of goods content or any related/unrelated services and other services offered on the site from time to time.

COD

Please note we have the limit for Cash On Delivery which is maximum Rs 10000 (**Selected Pin codes in India only**)

Further, we may at times be unable to deliver the confirmed order(s) to you and the reason for the same could be inclusive of but not limited to the following:

(i) unavailability of the relevant product;
(ii) failure of the concerned manufacturer/supplier/designer/importer to deliver relevant product to us;
(iii) poor/improper/defective quality of the relevant product ascertained through our quality audit process; and
(iv) inaccuracies or errors in product or pricing information. In the event of any circumstance(s) as aforementioned; you shall not be entitled to any damages or monetary compensation.
In the event we are unable to deliver the confirmed order(s) as mentioned hereinabove and the payment for such order(s) has been made by you through your credit/debit card, the amount paid by you while placing the order(s) on the Site will be reversed back in your card account. No refunds shall be applicable on the orders made by the Users under the Cash on Delivery (“COD”) option.

TRADEMARKS

The trademarks, logos and service marks (“Marks”) displayed on the Site are our property and/or the property of the respective persons. Users are prohibited from using any Marks for any purpose whatsoever without our prior written permission or such third party which may own the Marks. All information and content including any software programs available on or through the Site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.

The Site contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, and the entire contents of the Company protected by copyright as a collective work under the applicable copyright laws. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.  The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material.  Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with the Company shall not be deemed to be in the public domain but rather the exclusive property of the Company, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of the Company, unless otherwise stated.

At Five Stitch, we value your concerns about online privacy & security while browsing and shopping at our website. We make every effort to guarantee that the information you provide will not be misused. If for some reason the following privacy and security policy does not answer your questions, please contact us. We value your feedback and look forward to improving our services to better meet your needs.

COLLECTION OF INFORMATION DONE BY FIVE STITCH

Five Stitch collects basic information required to service your requests, including your name, mailing address, email and phone number. This information is gathered when you purchase products/gift certificates, or sign up for email notifications. Your card information is requested only when you place an order and is submitted via the highest level of encryption to ensure the greatest amount of safety and security.

When you browse our website, we also use “cookies” or bits of tracking data to gather information about your preferences. This includes your internet service provider’s address and your clicks and activity on our website. We do not trace this information to individual customers and will never use cookies to save confidential information such as passwords or credit/debit card information.

USE OF COLLECTED INFORMATION

The primary reason we gather information is for order processing, shipping and customer service. For example, we may contact you to provide an update on your order, information regarding the shipping status or to clarify questions related to your order. We also use this information to improve our products, services, website content and navigation.

STEPS FIVE STITCH TAKES TO ENSURE SECURITY WHEN SHOPPING ONLINE

When you place orders or access your account information, we offer the use of secure socket layer (SSL) technology. The secure socket layer (SSL) encrypts all information you put in before it is sent to us. Furthermore, all of the customer data we collect is protected against unauthorized access. To prevent unauthorized access, maintain data accuracy, and ensure correct use of information, we have employed reasonable and current Internet security methods and technologies.

www.fivestitch.com web site makes use of — Bit Secure Socket Layer (SSL) technology to encrypt credit card and billing information while it is transmitted over the internet. We do not record or retain your card information at all as it is directly passed over to the payment gateway for processing through the — Bit Secure Socket Layer (SSL).

When you make a purchase online, either a solid key or a locked padlock icon will appear in the lower right of your browser window. This icon indicates that your transaction session is secured through Secure Socket Layer (SSL).

HOW DO I UPDATE MY ACCOUNT INFORMATION?

It is quick and easy to update your account information. Simply log in at My Account and proceed to ‘Account Information’. Please note that we do not store your credit/debit card information in your personal profile.

HOW DO I REMOVE MY NAME FROM THE FIVE STITCH EMAIL LIST?

If you would like to unsubscribe from our email mailing list, you can always do so by clicking on the Unsubscribe link in the Five Stitch email sent you. If you are a registered user with fivestitch.com, you can also log into My Account, and unsubscribe (currently not available) from the Newsletter Subscriptions page. In both cases, you will be removed from our mailing list.

CHANGES IN POLICY

You acknowledge that this Privacy Policy is part of the User Agreement and you unconditionally agree that using this Site signifies your assent to our Privacy Policy. If you do not agree with this Privacy Policy, please do not use our Site. Your visit and any dispute over privacy is subject to this policy and the User Agreement, including limitations on damages. We reserve the right to change the terms of use and this Privacy Policy, at any time. We will post any changes so that you are always aware of our policy. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account.