- General
- This website is owned and operated by Yana Climbing Solutions LLP (“YANA”), which is an entity existing under the laws of India, conducting business, inter alia, under the brand name “Yana” and provides the content and services available on this website (www.yanaclimb.com referred to as “Site”) to you subject to the following Terms and Conditions and the Privacy Policy (collectively referred to as “T&Cs”).
- By using our website, we assume that you have read, understood and you agree, without qualification, with the T&Cs, including to agree to the collection, use and disclosure of your personal information as described in the Privacy Policy below. If you do not want to be bound by the T&Cs, you must not use our services or Site.
- YANA reserves the right to change these T&Cs at any time and we recommend you revisit this page regularly to ensure that you are at all times fully updated. Any changes are effective immediately upon posting and continued use of the site constitutes your agreement to the T&Cs.
- These T&Cs are effective unless and until terminated by YANA. You may terminate these T&Cs at any time provided you cease further use of the Site.
- Website disclaimer
- The information contained in this website is for general information purposes only
- Whilst we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, blogs or related graphics contained on the website for any purpose.
- Any reliance you place on such information is therefore strictly at your own risk. In no event we will be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
- Products and services for personal use
- The products and services described on this Site, including any samples, are for your personal use only. Any resale of merchandise purchased from YANA will not be permitted without prior permission.
- We reserve the right to refuse or limit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors, or otherwise violate these T&Cs. If we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail, mailing address or telephone number provided at the time the order was made.
- In case of bulk orders please email hello@yanaclimb.com
- Accuracy of information
- We attempt to be as accurate as possible when describing our products on the Site. However, except to the extent implied by applicable law, we do not warrant that the product descriptions, colours, information or other content available on the website are accurate, complete, reliable, current, or error-free.
- The quality of any products, services, information, or other material purchased or obtained by you through the Site may not meet your expectations.
- YANA may correct errors or inaccuracies and change or update information on this website at any time without notice, including in respect of prices and availability of items.
- Intellectual property rights
- YANA’S websites, its services and products are YANA’S property, including all copyrights, trademarks, patents and other intellectual property. You will not use YANA’S property for any unlawful or infringing purposes.
- All information and content available on the Site and its get-up and design, including but not limited to trademarks, logos, service marks, text, graphics, button icons, images, audio clips, data compilations and software, and its arrangement, selection, compilation and organisation, (collectively, the “Content”) is the property of the YANA and is protected by the laws of India, including laws governing all applicable forms of intellectual property.
- Except as required under applicable law, neither the Content nor any portion of this Site may be used, reproduced, duplicated, copied, sold, resold, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
- For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes is not permitted.
- Your obligations and responsibilities
- You acknowledge that they understand how to safely use the products they purchase and that YANA shall not be responsible for any safety issues caused by your recklessness or negligence.
- In the access or use of the Site, you shall comply with these T&Cs and the special warnings or instructions for access or use posted on the website.
- You shall always act in accordance with the law, custom and in good faith. You may not make any change or alteration to the website or any Content or services that may appear on this website and may not impair in any way the integrity or operation of the website.
- Without limiting the generality of any other provision of these T&Cs, if you default negligently or wilfully in any of the obligations set forth in these T&Cs, you shall be liable for all the losses and damages that this may cause to YANA, our partners or any other person/entity that we work with.
- Pricing and Payment
- Our Site displays the prices of our products. All prices are in Indian rupees.
- Prices, products and services may change at our discretion.
- We reserve the right to correct any errors, inaccuracies or omissions which may relate to product descriptions, pricing, offers and availability and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
- The Site uses the services of a third party payment payment processing provider for processing payments made on the Site. Your use of the payment gateway will be subject to you adhering to the terms and conditions of use prescribed by the payment processing provider(s). You acknowledge and understand that the payment gateway services made available through the Site are owned, controlled and provided by the payment processing provider(s) and hence, we do not warrant and in no way will be liable for the timeliness of such services and the handover of payments through such services.
- We shall not be liable in respect of any loss or damage arising directly or indirectly out of the decline of authorisation for any transaction, on account of the cardholder having exceeded the preset limit mutually agreed by us with our bank from time to time.
- Delivery and shipping
- We endeavour to deliver all orders within 7 - 10 days of receipt of the order, however, please note that shipping times may vary depending on your location. Although there may be anomalies in delivery times we will endeavour to keep these to a minimum. For details regarding timelines for delivery of bulk orders please contact hello@yanaclimb.com
- Sales are "first come, first served". The merchandise may not be restocked once sold out. No information regarding the presence of any product in our stock will be guaranteed and we will alert you only when an item is sold out.
- We currently only ship products to customers located in India.
- TShipping charges are not included within the product price.
- We reserve the right to cancel your order due to issues arising out of inventory or other internal issues or issues such as strikes, interstate regulations, delivery outrage etc. We will inform you of cancellation of your order and will offer you an opportunity for a refund.
- We are unable to change the shipping address or cancel your order once it has been shipped.
- Deliveries are carried out via a third party courier or Indian post and must be signed for. We are unable to control the delivery time although we will endeavour to provide you with an update on the day that delivery will take place. We recommend that you use an address where there is a high probability of someone being available to accept delivery of the item and sign for it.Additional charges may apply if we need to make a second attempt at delivery.
- YANA will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods indicated; however, YANA will not be responsible for any delays in delivery which are beyond its control. If goods are not available or there is a delay in delivery YANA will immediately notify its customers.
- Cancellations are possible if your order has not been processed by our team. If your order is cancelled, we will refund the entire amount.
- Return, exchange and cancelation
- Our returns and exchange policy is subject to goods sold by YANA directly to you, with no exceptions for third party sales. All policy changes will reflect on this page.
- Exchanges, returns and refunds are subject to the discretion of YANA.
- An exchange/return request should be raised via email quoting order number along with a photograph of the product to hello@yanaclimb.com
- Please note that returned/exchanged goods should retain the original label and packaging. Goods that are damaged/without original packaging will be returned to the customer without any refund.
- Refund mode will be online.
- For more details regarding exchange/return/refund please contact hello@yanaclimb.com
- Representations, Warranties and Limitation of Liability
- YANA does not make any representation or warranty as to the attributes (such as quality, value, marketability, etc.) of the products or services proposed to be sold or offered to be sold by the manufacturer/seller or purchased by the buyer.
- The Site is presented “as is”. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these T&Cs or the Site, including but not limited to warranties of merchantability, non-infringement, delivery, refund or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
- In no event will we be liable for any direct, indirect, special, punitive, exemplary, incidental, or consequential damages of any kind (including lost profits, loss of reputation) related to the Site or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed Indian Rupees 2000 only.
- Limitation period
You agree that no claims or action arising out of, or related to, the use of the website or these T&Cs may be brought by you more than one year after the cause of action relating to such claim or action arose.
- Indemnification
- You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Site or breach of these T&Cs.
- You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
- Third party links
- We are not responsible for the content of any third party websites or any other websites linked to or from the Site. Links appearing on this Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any third party website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, third party website pages or any other websites linked to or from the site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all website pages that you visit.
- We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorised in writing by us to resume linking.
- Suggestions
- Any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Suggestions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Suggestion, you hereby grant us the right to copy, use, reproduce, modify, adapt, translate, publish, licence, distribute, sell or assign the Suggestion in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Suggestion in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Suggestion within or in connection with our products or services. You also acknowledge that your Suggestion will not be returned and we may use your Suggestion, and any ideas, concepts or know-how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
- If you make a Suggestion, you represent and warrant that you own or otherwise control the rights to your Suggestion. You further represent and warrant that such Suggestion does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Suggestion. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Suggestion or any damages arising from any Suggestion.
- Jurisdiction
- These T&Cs shall be governed by and constructed in accordance with the laws of India and any dispute, controversy or claim directly or indirectly arising out of such use of the website is subject to the jurisdiction of the Mumbai court.
- In case any dispute cannot be resolved amicably at the first instance, the dispute shall be referred to a sole Arbitrator. The arbitration will be governed by the Arbitration Act, 1996. The venue of such arbitration shall be at Mumbai, India and the award of the Arbitrator shall be final and binding on all parties and may be entered as a judgement in any court of competent jurisdiction.
- Severability
If any provision of the Terms and Conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these T&Cs shall continue to be in full force and effect.
- Other
- You acknowledge and agree that these T&Cs constitute the complete and exclusive agreement between us concerning your use of the website, and supersede and govern all prior proposals, agreements, or other communications.
- We reserve the right, in our sole discretion, to change these T&Cs at any time by posting the changes on the website and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the website thereafter constitutes your agreement to all such changed T&Cs. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the website.
- Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
- If you have any questions/ complaints regarding these T&Cs, please email us at hello@yanaclimb.com