AT A GLANCE

Welcome to Soniye!

The terms “we”, “us” and “our” refer to Soniye. Soniye operates this store and website, including all related information, content, features, tools, products and services, to provide you, our customer, with a curated shopping experience (collectively, the “Services”).

Soniye is powered by Shopify, which enables us to provide these Services to you.

Soniye currently operates and provides its Services only within India. Our products are currently available for purchase and delivery only within the territory of India. We do not currently export or ship products outside India.

These Terms of Use, together with any policies referred to in them, describe your rights and responsibilities when you use our Services.

Please read these Terms of Use carefully. They contain important information about your legal rights and responsibilities, including provisions relating to warranties and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or our Privacy Policy, you should not access or use our Services.

SECTION 1: ACCESS AND ACCOUNT

By agreeing to these Terms of Use, you represent that you are at least the age of majority applicable to you under the laws of India.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information.

You represent and warrant that all information you provide to us is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity carried out through your account.

You may not transfer, sell, assign or license your account to any other person.

SECTION 2: OUR PRODUCTS

We make every reasonable effort to provide an accurate representation of our products and services on our online store.

However, please note that colours, finishes and the overall appearance of products may look different from how they appear on your screen. This may happen because of the type of device you use to access our store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your individual expectations or be exactly the same as depicted or rendered on our online store.

Product descriptions, specifications and other information may be changed or updated from time to time without notice at our sole discretion.

We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region or jurisdiction, on a case by case basis.

SECTION 3: ORDERS

When you place an order with Soniye, you are making an offer to purchase the products in your order.

Soniye reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Soniye confirms its acceptance.

We must receive and process your payment before your order is accepted, where applicable.

Please review your order carefully before submitting it, as Soniye may be unable to accommodate cancellation requests after an order has been accepted.

If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address and/or phone number provided at the time the order was placed.

Your purchases are subject to return or exchange only in accordance with our Returns, Refunds & Cancellations Policy.

You represent and warrant that your purchases are for your own personal or household use and are not being made for commercial resale or export.

As stated above, Soniye currently does not export or ship products outside India.

SECTION 4: PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice.

The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation.

Unless expressly stated otherwise, the applicable price may be subject to taxes, shipping, handling, customs or other applicable charges.

As Soniye currently operates only within India and does not export, international customs or import charges do not ordinarily apply to purchases made through our store. If any additional charge becomes applicable to a particular transaction, this will be communicated where required.

Prices displayed on our online store may differ from prices offered through physical stores or other online or offline stores operated by third parties.

We may offer promotions on our Services from time to time. Such promotions may affect pricing and may be governed by terms and conditions separate from these Terms of Use.

If there is a conflict between the terms applicable to a specific promotion and these Terms of Use, the terms of that promotion will govern that promotion.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store.

You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you when necessary.

You represent and warrant that:

1.     The payment information you provide is true, correct and complete.

2.     You are duly authorised to use the payment method used for the purchase.

3.     Charges incurred by you will be honoured by your payment provider.

4.     You will pay all charges applicable to your purchase at the prices displayed at the time of purchase, including applicable shipping, handling and taxes.

SECTION 5: SHIPPING AND DELIVERY

We will make reasonable efforts to process and deliver your orders within the estimated timelines communicated to you.

However, delivery timelines are estimates only and are not guaranteed.

Soniye is not liable for shipping or delivery delays caused by shipping carriers, logistics partners, customs or regulatory processing, natural events, technical issues, or other circumstances outside our reasonable control.

Once the products have been handed over to the shipping or delivery carrier, the risk of loss or damage during transit passes to you to the extent permitted by applicable law.

If your order is delayed, please contact us and we will do our best to assist you in checking its status with the relevant delivery partner.

Soniye currently provides shipping and delivery only within India.

SECTION 6: INTELLECTUAL PROPERTY

Our Services, including but not limited to our trademarks, brand name, text, displays, images, graphics, product reviews, videos, audio, designs, selection and arrangement of content, are owned by Soniye, its affiliates or licensors and are protected by applicable intellectual property laws.

These Terms of Use permit you to use the Services for your personal, non commercial use only.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material available through the Services without our prior written consent, except where such use is permitted by applicable law.

Except as expressly provided in these Terms of Use, nothing in these Terms grants or should be interpreted as granting you any licence or other rights under any patent, trademark, copyright or other intellectual property belonging to Soniye, Shopify or any third party.

Unauthorised use of the Services or their content may violate applicable intellectual property laws.

All rights not expressly granted under these Terms of Use are reserved by Soniye.

Soniye’s name, logo, product and service names, designs and slogans are trademarks of Soniye or its affiliates or licensors. You must not use these trademarks without the prior written permission of Soniye.

Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify.

All other names, logos, product and service names, designs and slogans appearing on the Services are the trademarks of their respective owners.

SECTION 7: OPTIONAL TOOLS

You may be provided with access to certain customer tools or features offered by third parties as part of the Services.

These third party tools may be provided by external providers that we do not monitor and over which we may have no control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without warranties, representations or conditions of any kind and without any endorsement.

To the fullest extent permitted by applicable law, Soniye shall have no liability arising from or relating to your use of optional third party tools.

Any use by you of optional tools offered through our site is entirely at your own risk and discretion.

You should ensure that you are familiar with and agree to the terms under which such tools are provided by the relevant third party provider.

We may also, in the future, offer new features through the Services, including new tools and resources.

Any such new features will also be considered part of the Services and will be subject to these Terms of Use.

SECTION 8: THIRD PARTY LINKS

Our Services may contain materials and hyperlinks to websites, applications or other services provided or operated by third parties, including embedded third party functionality.

We are not responsible for examining or evaluating the content, accuracy, availability or practices of any third party materials or websites that you choose to access.

If you decide to leave our Services to access third party materials or websites, you do so at your own risk.

To the fullest extent permitted by applicable law, Soniye is not liable for any harm or damages related to your access to third party websites or your purchase or use of products, services, resources or content available through third party websites.

Please review the policies and practices of the relevant third party carefully and make sure you understand them before entering into any transaction with them.

Complaints, claims, concerns or questions regarding third party products or services should be directed to the relevant third party.

SECTION 9: RELATIONSHIP WITH SHOPIFY

Soniye is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make through our online store are transactions directly between you and Soniye.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Soniye, including any injury, damage or loss resulting from products or services purchased from Soniye.

To the extent permitted by applicable law, you expressly release Shopify and its affiliates from claims, damages and liabilities arising from or relating to your purchases and transactions with Soniye.

SECTION 10: PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy.

Certain personal information may also be subject to Shopify’s privacy policies and practices applicable to the Services.

By using our Services, you acknowledge that you have read and understood the applicable privacy policies.

Because our Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide and improve the Services.

Information you submit through our Services may be transmitted to and shared with Shopify and other third party service providers who assist us in providing the Services.

Such service providers may be located in countries other than India where permitted by applicable law and as necessary for providing the Services.

Please refer to our Privacy Policy for further information about how Soniye collects, uses and protects your personal information.

SECTION 11: FEEDBACK

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content to us (collectively, “Feedback”), you grant Soniye a perpetual, worldwide, sublicensable, royalty free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including commercial purposes.

We may use these rights, for example, to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under these Terms of Use.

You also represent and warrant that:

1.     You own or have all necessary rights to the Feedback you submit.

2.     You have disclosed any compensation or incentives received in connection with your submission of Feedback.

3.     Your Feedback complies with these Terms of Use.

We are under no obligation to:

1.     Maintain your Feedback in confidence.

2.     Pay compensation for your Feedback.

3.     Respond to your Feedback.

We may, but are not obligated to, monitor, edit or remove Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any person’s intellectual property rights or these Terms of Use.

You agree that your Feedback will not violate any rights of a third party, including copyright, trademark, privacy, personality or other personal or proprietary rights.

You further agree that your Feedback will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could affect the operation of the Services or any related website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties about the origin of any Feedback.

You are solely responsible for any Feedback you submit and for its accuracy.

Soniye takes no responsibility and assumes no liability for any Feedback posted or submitted by you or any third party.

SECTION 12: ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on or within the Services that contains typographical errors, inaccuracies or omissions.

These may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times or product availability.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.

Where an order is affected by such an error or inaccuracy, we will attempt to notify you using the contact details provided with your order.

SECTION 13: PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not access or use the Services, directly or indirectly:

1.     For any unlawful, fraudulent or malicious purpose.

2.     To violate any applicable laws, rules, regulations or local requirements.

3.     To infringe upon or violate our intellectual property rights or the intellectual property rights of others.

4.     To harass, abuse, insult, harm, defame, slander, disparage or intimidate our employees, representatives, customers or any other person.

5.     To transmit false or misleading information.

6.     To send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms of Use.

7.     To transmit or procure the sending of any advertising or promotional material, including unsolicited commercial communications, spam or similar solicitation.

8.     To impersonate or attempt to impersonate another person or entity.

9.     To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Soniye, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to:

1.     Upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Services.

2.     Reproduce, duplicate, copy, sell, resell or exploit any portion of the Services without our prior written consent.

3.     Collect or track the personal information of others without proper authority or lawful basis.

4.     Spam, phish, pharm, pretext, spider, crawl or scrape the Services or their content, except where expressly permitted by us or applicable law.

5.     Interfere with or circumvent the security features of the Services or any related website, other websites or the Internet.

We reserve the right to suspend, disable or terminate your account or access to the Services at any time, without notice, if we determine that you have violated any part of these Terms of Use.

SECTION 14: TERMINATION

We may terminate these Terms of Use or your access to the Services, or any part of them, at our sole discretion and at any time, subject to applicable law.

You will remain responsible for all amounts due to Soniye up to and including the date of termination.

The following sections will continue to apply after termination:

Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should continue to apply after termination.

SECTION 15: DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

Except as expressly stated by Soniye, the services and all products offered through the services are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent or warrant that your use of the services will be uninterrupted, timely, secure or error-free. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you.

SECTION 16: LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Soniye, our partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors, and those of Shopify and its affiliates, shall not be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind.

This includes, without limitation, loss of profits, loss of revenue, loss of savings, loss of data, replacement costs or any similar damages, whether arising from contract, tort, negligence, strict liability or otherwise.

Such limitation applies to claims arising from or relating to your use of the Services, any products purchased through the Services, or any other claim related in any way to your use of the Services or any product.

This includes, without limitation, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content or product posted, transmitted or otherwise made available through the Services, even if we have been advised of the possibility of such damages.

Nothing in these Terms of Use is intended to exclude or limit any liability that cannot legally be excluded or limited under applicable Indian law.

SECTION 17: INDEMNIFICATION

You agree to indemnify, defend and hold harmless Soniye, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any losses, damages, liabilities or claims, including reasonable legal fees and expenses, payable to a third party arising out of or relating to:

1.     Your breach of these Terms of Use or any documents incorporated into them by reference.

2.     Your violation of any applicable law or the rights of a third party.

3.     Your access to or use of the Services.

We will notify you of any claim for which indemnification may be sought, provided that a failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced as a result.

We may control the defence and settlement of such a claim at your expense, including the choice of legal counsel.

However, we will not settle any claim that requires you to undertake non monetary obligations without your consent, which consent shall not be unreasonably withheld.

You agree to cooperate in the defence of any indemnified claim, including by providing relevant documents and information.

SECTION 18: SEVERABILITY

If any provision of these Terms of Use is determined to be unlawful, void or unenforceable under applicable law, that provision shall nevertheless be enforced to the fullest extent permitted by law.

The unenforceable portion shall be treated as severed from these Terms of Use to the extent necessary.

Such determination shall not affect the validity or enforceability of any other remaining provisions of these Terms of Use.

SECTION 19: WAIVER; ENTIRE AGREEMENT

The failure of Soniye to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of that right or provision.

These Terms of Use, together with any policies or operating rules posted by us on this website or in relation to the Services, constitute the entire agreement and understanding between you and Soniye regarding your use of the Services.

They supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Soniye, including any prior versions of these Terms of Use.

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the party that drafted them.

SECTION 20: ASSIGNMENT

You may not delegate, transfer or assign these Terms of Use, or any of your rights or obligations under them, without our prior written consent.

Any attempt to do so without our consent will be null and void.

Soniye may transfer, assign or delegate these Terms of Use and our rights and obligations under them without requiring your consent or providing notice to you, subject to applicable law.

SECTION 21: GOVERNING LAW

These Terms of Use and any separate agreements under which we provide you with Services shall be governed by and construed in accordance with the laws applicable in India.

Soniye operates and provides its Services within the jurisdiction and territory of India. Soniye does not currently export or provide its Services outside India.

Any dispute arising out of or relating to these Terms of Use, the Services or your transactions with Soniye shall be subject to the jurisdiction of the courts having appropriate jurisdiction over Soniye’s registered or principal place of business, as applicable under Indian law.

Nothing in this section is intended to limit any rights or remedies available to you under applicable Indian law.

SECTION 22: HEADINGS

The headings used in these Terms of Use are included for convenience only.

They do not limit, define or otherwise affect the meaning or interpretation of any provision of these Terms of Use.

SECTION 23: CHANGES TO THESE TERMS OF USE

You can review the most current version of these Terms of Use at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes.

We will notify you of any material changes to these Terms of Use in accordance with applicable law, and such changes will become effective on the date specified in the notice.

Your continued use of or access to the Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

SECTION 24: CONTACT INFORMATION

If you have any questions about these Terms of Use, please contact us at:

Soniye, A unit of Simohan Enterprises
Email: contact@soniye.co.in