Terms and Conditions
Last Updated: –
1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Upahaar Box (“we,” “us” or “our”), concerning your access to and use of the www.UpahaarBox.com or www.UpahaarBox.co.uk website (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. No part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
By using the Site, you represent and warrant that:
3. USER REPRESENTATIONS
(1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information;
(3) you have the legal capacity and you agree to comply with these Terms of Use;
(4) you are not under the age of 16;
(5) you are not a minor in the jurisdiction in which you reside;
(6) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
(7) you will not use the Site for any illegal or unauthorized purpose;
(8) your use of the Site will not violate any applicable law or regulation.
4. PRODUCTS & NATURAL VARIATIONS
We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors.
- Handcrafted Nature: Due to the artisanal and handcrafted nature of our materials, slight variations in color, texture, and size are to be expected and are not considered defects. While we aim for consistency, no two items may be identical. By purchasing, you acknowledge that these unique characteristics are part of the product's charm.
- Availability: All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason.
5. PURCHASES AND PAYMENT
We accept the following forms of payment: Card Payments including PayPal & Google Pay.
- Currency: All payments shall be in GBP.
- Pricing Errors: We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
- Order Refusal: We reserve the right to refuse any order placed through the Site. We may limit or cancel quantities purchased per person, per household, or per order, particularly those that appear to be placed by dealers, resellers, or distributors.
6. SHIPPING POLICY
- Free Shipping: Free delivery is available for UK orders exceeding the thresholds defined in our Delivery Policy (£50 Mainland / £100 Non-Mainland). Please Note: Free delivery is subject to a maximum shipment weight of 7kg. Orders exceeding 7kg may incur a weight-based surcharge, which will be calculated and displayed at checkout. We reserve the right to contact you for additional shipping fees if an order is exceptionally heavy or bulky.
- Exclusions: Single products, multi-buy products, and multi-orders over a 72-hour period on a single account above 7kg will not be eligible for free shipping.
- Region: Free shipping is strictly applicable only to addresses in the United Kingdom. All orders outside the United Kingdom will be subject to regular shipping prices.
7. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data from the Site to create or compile a database or directory without written permission.
- Make any unauthorized use of the Site, including collecting usernames or email addresses for unsolicited email.
- Circumvent, disable, or otherwise interfere with security-related features of the Site.
- Engage in unauthorized framing of or linking to the Site.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts, data mining, robots, or extraction tools.
- Interfere with, disrupt, or create an undue burden on the Site or the networks connected to the Site.
- Use the Site as part of any effort to compete with us or for any revenue-generating endeavor.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising the Site.
- Upload or transmit viruses, Trojan horses, or other material that interferes with the Site.
- Disparage, tarnish, or otherwise harm us and/or the Site.
8. USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, and other functionality (“Contributions”).
By posting Contributions, you represent that:
- Your Contributions do not infringe the proprietary rights of any third party.
- You are the creator/owner or have necessary licenses.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not obscene, lewd, violent, harassing, or otherwise objectionable.
- Your Contributions do not violate any applicable law or regulation.
9. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site, you automatically grant to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to use, reproduce, disclose, sell, publish, broadcast, and distribute such Contributions (including your image and voice) for any purpose. We do not assert any ownership over your Contributions; you retain full ownership.
10. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
11. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
12. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
13. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
14. FORCE MAJEURE
Upahaar Box shall not be held liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control. This includes, but is not limited to: acts of God, strikes, lockouts, accidents, war, fire, breakdown of plant or machinery, or shortage or unavailability of raw materials from a natural source of supply
15. GOVERNING LAW
These Terms shall be governed by and defined following the laws of England and Wales. Upahaar Box and yourself irrevocably consent that the courts of England and Wales shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms
16. DISPUTE RESOLUTION
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the courts of England and Wales.
17. CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
18. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
19. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US.
20. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.
21. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
22. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Upahaar Box
Email: humans@upahaarbox.com