The following terms and conditions, (the “Terms”) govern: (i) your use of https://youniform.co/ (or any subdomains thereof), or one of our other websites, applications (each referred to herein as a “Site” and collectively, the “Sites,”); and (ii) any purchases you make from the Site. The Sites are owned and operated by M5 Youniform (Private) Limited, a company incorporated under the laws of the Islamic Republic of Pakistan, with its registered office located at 17-C, 4th Floor, 11th South Street Ext, Phase IV, DHA, Karachi (hereinafter referred to as the “Company”, “We” or “Us”). Your contractual party for the use of the Site and for the purchase of goods via the Site is the Company. These Terms might change from time to time, so please review them each time prior to accepting them and making a purchase on the Site.
BY PLACING AN ORDER FOR ANY PRODUCT OR OTHERWISE ACCESSING OR USING THE SITE AND CLICKING TO AGREE TO THESE TERMS ON THE SITE, OR BY OTHERWISE COMPLETING THE APPLICABLE ORDER TRANSACTION PROCESS ON A SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU WILL NOT BE ABLE TO PURCHASE ANY PRODUCTS THROUGH THE SITES AND YOU MUST NOT ACCESS OR USE THE SITES.
PLACEMENT AND ACCEPTANCE OF ORDERS
All information on the Sites is an invitation to treat only and is not an offer or unilateral contract. You agree that your order is an offer to purchase the products listed in your order (“Products") from us on the Terms. All orders submitted by you are subject to acceptance by Us. We may choose not to accept your order in our sole discretion for any reason whatsoever without incurring any liability whatsoever to you or any third party. A non-exhaustive set of circumstances on account of which we may not accept your order are as follows:
If Products are shown on the Site but are not available or are incorrectly priced (which We can determine in our sole discretion) or otherwise incorrectly described;
If the order, in our sole judgment, appears to be placed by a dealer(s), reseller(s), distributor(s), who have not disclosed the same to us at the time of placing the order for the Products;
If we are unable to obtain authorization of your payment;
If shipping restrictions may apply to a Product;
If the delivery address you have provided is not a valid shipping address.
We may vary the prices of Products listed on the Sites at any time and without any prior notice and such changes shall apply for all Products other than those in respect of which you have been sent a Confirmation Email.
Upon submission of an order by you, We will send you an order confirmation email with your order number and details of the Products you have ordered from Us (the “Confirmation Email”).
The acceptance of your order and the formation of a contract of sale of the Products between Us will take place unless and until we have sent you the Confirmation Email. After entering into the contract of sale, We will be under a legal duty to supply you with goods that are in conformity with the contract and the applicable laws of Pakistan.
In the event of prolonged inactivity or any other technical issue causes your connection to the Sites to fail, your selection of goods may be lost. In such case, you will be required to re-enter your selection. Any goods or items in your shopping bag for which no Confirmation Email has been given are not deemed to be reserved.
Images, colours, features and sizes of our products are displayed for explanatory and illustration purposes. Variations on account of, among other things, the (i) manufacturing processes used to manufacture the Products, and (ii) display properties of the computer hardware you use to view the Sites, may mean that the colours, measurements, fabrics and designs of the Products displayed on the Sites and the Products delivered to you may differ in appearance in minor respects. You affirm and agree that We shall not be responsible for any such differences.
The price quoted on the Sites for Products is in Pakistani Rupees and excludes shipping charges, which are quoted / will be provided separately on the Sites, and the applicable shipping charges shall be notified to you before your order is confirmed pursuant to the Confirmation Email.
By submitting your order for the Products via the Site, you are offering to pay the purchase price for the selected Products plus shipping and handling costs along with the applicable sales tax and any other tax, fee, cess or duty that may apply as per the applicable laws of Pakistan. The final price of the transaction, including all the costs, will be communicated to you in your order summary before your order is confirmed.
You may use any of the payment methods provided and available on the Sites to pay for the order, including cash on delivery. If the issuer of your card or payment method refuses to authorize payment We will not accept your order and We will not be liable for any delay or non-delivery and We are not obliged to inform you of the reason for the refusal.
We are not responsible for any charges or other amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit / debit card payment or other method of payment.
If your credit / debit card or payment method is not denominated in the currency of your purchase indicated on the Sites, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and, therefore, We shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer or payment method provider charging you in a different currency other than the currency of your purchase as displayed on the Sites.
We will charge and collect any federal, provincial or local taxes, duties or fee on the as required by applicable laws and regulations of Pakistan. An estimate of these taxes will be provided during the ordering process. If We are not required to collect taxes, it is your responsibility to determine and pay any use taxes or similar taxes on the order that you have made on the Site.
Where We elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.
DELIVERY, TITLE AND RISK
We are only able to deliver to a valid shipping address provided in your order form. We cannot be held responsible if that delivery address is incorrect or incomplete. Changes to the shipping address are not permitted once your order has been placed, unless approved by Us. Please note that we do not deliver to PO boxes. Please note that there are restrictions on the locations to which we deliver Products purchased from the Sites. Details of the locations to which We deliver are available from Us on request.
The Company shall endeavor, on a best effort basis, to provide an estimate in the Confirmation Email of the duration within which you will receive the Products at your designated shipping address. The Company shall also confirm the timeline within which the Product shall be delivered to the designated shipping address in the Confirmation Email. The Company shall not be responsible for any delays in the delivery of the Products caused by unforeseen circumstances, including any suspension of delivery services to the designated address by the delivery company or any public disturbance.
Title in the Products will pass to you on the later of:-
the date on which we receive payment in full for such Products; and
the date and time of collection of such Products for delivery to your nominated address.
We shall be entitled, in our sole discretion, to supply the Products in installments and each installment shall be deemed to constitute a separate contract with us, and we shall be entitled to supply only part of an order.
Once the Product(s) has been received by you all risk of damage to, or loss of, the Product(s) shall pass to you.
The item(s) will be delivered on the nominated address. We shall make a total of two (2) attempts to deliver the item(s) on the nominated address, and in case of failure by you to receive the item(s) on the nominated address, then (i) you shall be responsible for collecting such item(s) from such address within Karachi that we may specify within one (1) week, or (ii) we may, in our sole discretion, charge reasonable additional delivery charges over and above the charges stated in the Confirmation Email to again deliver such item(s) on the nominated address.
RETURNS AND CANCELLATIONS
We will not accept any return of the delivered Products, or process any refunds in respect thereof, except in accordance with Clause 6.2 below.
You shall check the delivered Products at the time of delivery, and acceptance of possession the delivered Products shall constitute your approval that the delivered Products are fit for purpose and not defective. If you feel that the delivered Products are defective, you will be entitled to refuse possession of the Products (or part thereof, which are defective), and inform Us of the specific defects on account of which you refused to accept possession of the Products (or part thereof). Upon verification by Us of the defects in the Products, We will offer you a replacement for the defective products and you will return the defective products to Us.
You may only cancel the order after the receipt of the Confirmation Email but before the processing of such order has been initiated by Us, by intimating Us on the phone number / address provided in the Confirmation Email. The order my not be cancelled, and no refund shall be provided, if the processing of the order has begun.
We reserves the right to cancel any order, in our sole discretion and without liability, including, without limitation, an order from a customer with whom we have a dispute concerning a prior order, provided that in case of any cancellation which occurs after the Confirmation Email and after we have been paid by you for the Product whose order we are cancelling, we will refund you for the amount paid by you for such Product.
LIMITATION OF LIABILITY
We will not be liable, in each case, whether in contract, in tort (including, without limitation, negligence or breach of statutory duty), or otherwise however arising out of or in connection with these Terms for any:
economic losses (including, without limitation, loss of income, revenues, data, actual or anticipated profits, contracts, business, opportunity or anticipated savings); or
loss of goodwill or reputation; or
special, indirect or consequential losses or damages suffered or incurred by you arising out of or in connection with these Terms.
The Terms, shall be governed by and construed in accordance with the laws of Pakistan. In the event of a dispute, the courts (including the consumer courts) located in Karachi, Sindh shall have exclusive jurisdiction and you hereby agree to submit to the exclusive jurisdiction of such court and you irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum. The Company shall be entitled to seek and obtain injunctive or other equitable relief to protect its rights hereunder without the need to post any bond or surety.
If any provision of the Terms is determined to be invalid, illegal or unenforceable, the remaining provisions of shall remain in full force to the extent permitted by law.
No failure, forbearance, neglect or delay of any kind or to any extent on the part of the Company in connection with the enforcement or exercise of any rights under the Terms shall affect or diminish the Company’s ability to enforce such rights or any other rights under the Terms.