Terms of Service

Ethnoir — Operated by OPUS APPARELS
Effective Date: 13 February 2025

Welcome to Ethnoir, a brand operated by OPUS APPARELS ("Ethnoir", "we", "our", or "us"). These Terms of Service ("Terms") govern your access to and use of our website, products, and services. By accessing our website or placing an order, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy, Shipping Policy, Return & Refund Policy, and any other policies published on our website.

If you do not agree with these Terms, please do not use our website or services.

1. Eligibility

By using this website, you represent and warrant that:

• You are at least 18 years of age or the age of majority under the laws applicable to you.
• If you are under the age of majority, you are using this website under the supervision and consent of a parent or legal guardian.
• You have the legal capacity to enter into a binding contract under the Indian Contract Act, 1872.
• All information provided by you is true, accurate, and complete.

You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted through your account.

Suggested addition: If an order is found to have been placed by a minor without the consent or supervision of a parent or legal guardian, Ethnoir reserves the right to cancel the order and refund any payment received, in accordance with our Refund Policy. Parents or guardians who become aware of such a purchase may contact us at the details in Section 21 to request cancellation.

2. Products

Ethnoir offers ethnic and contemporary apparel and related fashion products.

While we strive to display product colours, fabrics, sizes, and designs as accurately as possible, actual colours and appearance may vary due to screen settings, lighting, photography, and manufacturing variations.

We reserve the right to:

• Modify or discontinue any product without prior notice.
• Update prices, specifications, descriptions, or availability at any time.
• Limit quantities purchased by any customer.
• Refuse or cancel any order at our sole discretion.

3. Orders and Acceptance

An order placed on our website constitutes an offer to purchase.

An order is deemed accepted only after:

• Successful payment authorization (where applicable); and
• Confirmation of the order by Ethnoir.

We reserve the right to refuse, cancel, or limit any order due to reasons including but not limited to:

• Product unavailability
• Pricing or technical errors
• Suspected fraudulent activity
• Violation of these Terms
• Errors in inventory or product information
• Any other legitimate business reason

If payment has been collected for a cancelled order, the amount will be refunded in accordance with our Refund Policy.

4. Pricing and Payments

• All prices displayed are in Indian Rupees (INR) unless otherwise stated.
• Prices are inclusive or exclusive of applicable taxes as indicated at checkout.
• Shipping charges, handling charges, and applicable taxes will be calculated during checkout.
• Prices may change without prior notice.
• Payments are processed through secure third-party payment gateways.

By completing a purchase, you authorize Ethnoir to charge the total payable amount using your selected payment method.

5. Shipping and Delivery

Estimated delivery timelines are provided for convenience only and are not guaranteed.

Delivery may be affected by:

• Courier delays
• Weather conditions
• Public holidays
• Government restrictions
• Remote delivery locations
• Other circumstances beyond our reasonable control

Risk of loss and title to the products pass to the customer once the shipment is handed over to our logistics partner.

Ethnoir shall not be liable for delays caused by third-party courier partners or events beyond our reasonable control.

6. Returns, Refunds and Exchanges

Returns, refunds, and exchanges shall be governed exclusively by our Return & Refund Policy.

Customers must satisfy all eligibility criteria specified in the policy. Ethnoir reserves the right to reject any return or exchange request that does not comply with the policy.

7. Intellectual Property

All intellectual property rights in this website and its contents, including but not limited to:

• Ethnoir trademarks
• Logos
• Product photographs
• Graphics
• Website design
• Videos
• Text
• Source code
• Layout
• Product descriptions

are owned by or licensed to Ethnoir.

No content may be copied, reproduced, distributed, modified, republished, or commercially exploited without our prior written consent.

Unauthorized use may result in civil and criminal action under applicable Indian laws.

8. Third-Party Services

Our website may contain links to third-party websites or integrate services such as payment gateways, logistics providers, analytics tools, and social media platforms.

Ethnoir does not control or endorse these third-party services and is not responsible for:

• Their content
• Privacy practices
• Security
• Availability
• Performance
• Accuracy

Your use of third-party services is solely at your own risk.

9. Privacy

Your use of this website is also governed by our Privacy Policy.

By using our website, you consent to the collection, processing, storage, and use of your personal information in accordance with our Privacy Policy and applicable Indian laws, including the Digital Personal Data Protection Act, 2023, where applicable.

10. Prohibited Uses

You agree not to:

• Use the website for unlawful purposes.
• Violate any applicable law or regulation.
• Attempt unauthorized access to our systems.
• Upload malware, viruses, or harmful code.
• Interfere with website security or functionality.
• Scrape, copy, or extract website data using automated means.
• Infringe intellectual property rights.
• Engage in fraudulent or abusive activities.
• Impersonate another individual or entity.

Violation of these Terms may result in suspension or permanent termination of access to our services.

11. Disclaimer

To the maximum extent permitted under applicable law, all products and services are provided on an "as is" and "as available" basis.

Except as expressly required by law, Ethnoir makes no warranties regarding:

• Continuous website availability
• Error-free operation
• Accuracy of website content
• Compatibility with every device or browser

Nothing in these Terms limits statutory rights available to consumers under applicable Indian law.

12. Limitation of Liability

To the fullest extent permitted by law, Ethnoir, its directors, employees, affiliates, partners, and representatives shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to:

• Use of this website
• Purchase or use of products
• Delivery delays
• Technical interruptions
• Loss of profits or business
• Data loss
• Third-party actions

Our total liability, if any, shall not exceed the amount paid by you for the specific order giving rise to the claim, except where liability cannot be excluded under applicable law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Ethnoir, OPUS APPARELS, its owners, employees, affiliates, partners, and representatives against any claims, liabilities, damages, losses, costs, and legal expenses arising from:

• Your breach of these Terms;
• Your misuse of the website or services;
• Your violation of applicable laws or regulations; or
• Your infringement of any third-party rights.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of India, including but not limited to the Indian Contract Act, 1872, the Consumer Protection Act, 2019, the Information Technology Act, 2000, and other applicable laws.

Any dispute, claim, or legal proceeding arising out of or relating to these Terms, your use of the website, or any purchase made through Ethnoir shall be subject to the exclusive jurisdiction of the competent courts at Surat, Gujarat, India.

The parties expressly agree that the courts at Surat, Gujarat shall have exclusive jurisdiction, to the exclusion of all other courts.

Note for review: Under the Consumer Protection Act, 2019, consumers may generally be entitled to file complaints before a consumer forum local to them, regardless of an exclusive-jurisdiction clause. This clause should be reviewed by qualified Indian counsel to confirm enforceability against consumer claims.

Suggested addition (Arbitration): Any dispute not resolved amicably within 30 days of written notice may, at Ethnoir's election, be referred to arbitration under the Arbitration and Conciliation Act, 1996, with a sole arbitrator appointed by Ethnoir, and the seat and venue of arbitration shall be Surat, Gujarat. This clause does not restrict any statutory right a consumer has to approach a consumer forum instead.

15. Force Majeure

Ethnoir shall not be liable for any failure or delay in performing its obligations due to events beyond its reasonable control, including but not limited to natural disasters, floods, earthquakes, fire, pandemics, strikes, government actions, internet outages, cyberattacks, or disruptions affecting transportation or logistics.

Suggested addition: Where a force majeure event prevents fulfillment of an order for more than 15 days, the customer may request cancellation of the affected order, and Ethnoir shall refund any amount paid for that order in accordance with the Refund Policy, or offer store credit or rescheduled delivery at the customer's choice, where feasible.

16. Changes to These Terms

Ethnoir reserves the right to update, amend, or replace these Terms at any time.

Revised Terms shall become effective immediately upon publication on this website unless otherwise stated.

Your continued use of the website after such changes constitutes acceptance of the updated Terms.

17. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, Shipping Policy, Return & Refund Policy, and any other policies published on this website, constitute the complete agreement between you and Ethnoir regarding the use of our website and services.

19. User-Generated Content

Suggested new section:

If you submit reviews, photographs, comments, or other content to Ethnoir (including via the website or social media), you grant Ethnoir a non-exclusive, royalty-free, worldwide, sub-licensable licence to use, reproduce, display, and distribute that content for marketing, promotional, and website purposes.

You confirm that any content you submit does not infringe the rights of any third party and is not unlawful, defamatory, or obscene. Ethnoir reserves the right to remove any submitted content at its discretion.

20. Data Breach Notification

Suggested new section:

In the event of a breach affecting your personal data, Ethnoir shall take reasonable steps to notify affected customers without undue delay, and shall comply with applicable notification obligations under the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, and rules made thereunder.

21. Contact Information

Ethnoir — Operated by OPUS APPARELS

Email: contact@ethnoir.in

Phone: +91 90545 56074

Registered Address: Jeevan Jyothi Nagar, Z29, 30 & 31, Udhana, Surat – 394210, Gujarat, India.

Ethnoir — For Work. For Play. For Everyday.