Terms & Conditions

PLEASE READ THE TERMS AND CONDITIONS THROUGHLY AND CAREFULLY 

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Welcome to Anivé Athleisure. This document is an electronic record of the Terms and Conditions (Hereinafter referred to as “Terms”) for access and usage of Anivé Athleisure platform, www.aniveathleisure.com (Hereinafter referred to as “Platform”).

1. Acceptance Of the Terms 

   1. The Terms and Conditions set forth below are for the access and usage of the Platform and constitute a legally binding agreement. The Platform www.aniveathleisure.com is owned and operated by Anivé Athleisure India Private Limited. The trade name, intellectual property rights is associated with and solely owned by Anivé Athleisure India Private Limited located in 26/106 11th Main 11th B Cross Malleswaram, Bangalore 560003.
   2.  By accessing or using the Platform you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Platform.
   3. Throughout the Platform, the terms “Anivé,” “We,” “Us,” “Our” shall mean Anivé Athleisure. 
   4. For the purpose of these Terms, whenever the context so requires, “You” or “User” shall mean any natural or legal person who has agreed to visit or access the platform or become a buyer on the Platform by registering with an account on the Platform as a Registered User.
   5. By accessing the Platform and / or purchasing any product on the Platform is equivalent to engaging in our “Services.”
   6. By mere use of the Anivé Platform, you shall be contracting with Anivé Athleisure India Private Limited, the owner of the Platform. Any person using any of the services provided through the Platform, including but not limited to viewing the products, browsing through the Platform, visiting the Platform, product reviews, placing an order(s) on the Platform shall be subject to the rules, guidelines, policies, terms, and conditions applicable for such services and shall be deemed to be incorporated into the Terms and Conditions and shall be a part and parcel of the Terms and Conditions
   7. You accept and agree to be bound by Anivé Policies including and not limited to Terms and Conditions, Privacy Policy and Returns and Exchanges Policy as amended from time to time. These Terms apply to all visitors, users and others who access or use the Platform.

2. Terms Of Use

   1. By acceptance to the terms and policies of the Platform, you are deemed to have made the representation that you are of an age of majority and are competent to enter a contract. Any minor desirous to accessing the site or visiting or making purchases on the site, is required to do so through their legal guardian or parents. Anivé is not responsible for any such act done by any person who is not of competent age to access, view or make purchases on the Platform, the responsibility and liability lies with the legal guardians or the parents.
   2. Any orders placed, services received through the Platform and transactions made is being done with your consent and without any force or coercion with lawful purpose and consideration. 
   3. We reserve the right to refuse any order placed by you on the Platform in our sole discretion. Attempt to notify you regarding any such refusal or cancellation may be made. All order placed are subject to the availability of the desired product.
   4. The Platform may occasionally contain errors or inaccurate information or omissions related to the products or services on the Platform. We reserve the right to correct any of the errors and to modify any information on the Platform. 
   5. Reliance on any material or information provided on the Platform is at the sole risk of the User. Anivé Athleisure does not accept any liability for the correctness or accuracy of the information provided on the Platform, it is for general information only and has no obligation to update such information presented. 

3. User Account and Password

   1. You do not need to register with Anivé Athleisure to access and merely visit and browse the Platform. Purchasing of a product will require mandatory registration. Access to services will be done by providing a valid phone number and verified with an OTP (One Time Password) Authentication. To create an account, you must provide the Platform with your name, phone number, email id and address for shipping purposes and create a password for the same.
   2. It is agreed to and confirmed that you are responsible for maintaining the confidentiality of the account details and the password and will be wholly and absolutely responsible for all actions done and all transactions made under your account.
   3. You agree that you will not do any actions to misrepresent yourself as another user to access the Platform. Anivé will not be liable for any loss or damages caused directly or indirectly by the unauthorised use of your account. Notwithstanding the above clause, you may be held liable for any losses Anivé faces by such unauthorised use of your account. 

4. Modification of Products, Services and Prices

   1. We reserve the right to modify, change or discontinue any product or services without notice at any time we may deem fit. 
   2. Products available on the Platform generally or on sale or offers, are subject to stock availability and the sole discretion of Anivé Athleisure. All products are subject to return or exchange only according to our Return Policy. 
   3. We reserve the right and discretion to limit the sales of our products to any person, geographic region, or jurisdiction. In addition, we also reserve the right to limit the quantity of any products on the Platform. This will be subject to change based on the sole discretion of Anivé without requirement of any notice to be given.
   4. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
   5. Prices for the products on the Platform are subject to change under the sole discretion and judgement of Anivé Athleisure.
   6. We will not be liable for any third-party changes and modifications or
      discontinuance or price changes.

5. Payments

   1. All payments will be mandatorily be made in Indian Rupees.
   2. Payments for the purchase on the Platform can be made through different payment methods available including online payments, cash on delivery, credit card or debit card. 
   3. You further warrant that all the information provided by you will be accurate while purchasing the products of Anivé Athleisure. It is also warranted that the payment information provided to the Platform is lawfully owned by the User making the purchase. 
   4. Payments will be made using third party aggregator and Anivé Athleisure will not be responsible or will not assume liability for any loss or damages arising directly or indirectly from the transaction, such as, lack of authorization of transaction, payment issue due to network issue, payment issue due to bank issues or decline of transactions or any other reasons. 
   5. It is agreed, understood, and confirmed that the credit card details provided for services on the Platform, are accurate and correct to the best of your knowledge. Additionally, confirm that the Credit Card used to avail services is lawfully owned by you. Anivé Athleisure will not be liable for any credit card-based fraud or other offences. 

6. Third-Party Links

   1. Certain content, products, and services available via our Platform may include materials from third-parties and links to other sites. All such sites are independent of Anive’s Platform and we are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other information, materials, products, or services of third-parties.
   2. Third-party links on this site may direct you to third-party websites that are not affiliated with us. Anivé does not accept or endorse or reflect any such beliefs held by Third- party websites. 
   3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. The User is responsible to protect himself/herself/themselves while accessing or associating with any such Thirdparty site. 
   4. Anivé shall not be responsible for any complaints, claims, concerns or questions regarding any aspects or services or products on Third- party websites and the user shall make and direct all and any complaints, claims, concerns, or questions regarding third-party products, to the third-party.

7. Personal Information 

   1. Your submission of personal information through the store is governed by our Privacy Policy

8. Guarantee of products and Disclaimer for Colour Variations

   1. Anivé does not guarantee and does not provide for any representation that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
   2. Anivé emphasizes mindful fabric choices to ensure their products not only look good but also feel good for the planet. The Platform tries to ensure our product images accurately represent our items, nonetheless there might be slight variations in colour when you receive the product which can be attributed to several factors. Which include and is not limited to device differences on electronic gadgets and lighting variations in pictures taken under studio light and what is seen under natural light. 
   3. All products at Anivé are the result of an endeavour to always provide products of pristine quality. By purchasing from Anivé, you acknowledge that any such slight colour variations are possible and do not constitute a defect. This does not imply that every product will have a noticeable variation. 

9. Cancellation of Orders

   1. Order cancellation requests may be placed by you after completing the order on the Platform, Anivé reserves the right to accept or reject such requests for any reason it deems fit with its sole discretion.
   2. Any cancellation of order request received prior to the processing of the order and/ or prior to the approval or accepting such request to cancel order, the order shall be cancelled and the entire amount shall be refunded back to you, to the original payment method used to make payment on the Platform.
   3. Any cancellation requests after the orders have been processed will not be entertained. 
   4. Cancellation of orders will not be undertaken after dispatch of the order. 
   5. Anivé Athleisure has the full right to determine whether the order has been processed or not and the User agrees that Anivé reserves the right to make such decision unilaterally and that the User has no say in such decisions made. 

10. Shipping and Delivery

    1. Anivé ensures the on-time delivery of all products purchased from the Platform on a best effort basis. The products shall be delivered to the User through a logistics partner or by Anivé Athleisure themselves. 
    2. While Anivé endeavours for speedy deliveries on the dates intimated, it disclaims any claims or liabilities for any delays directly or indirectly cause by Anivé Athleisure or any by any other causes.
    3. An estimated time for delivery will be provided for but does not bind the Platform with any responsibility or liability for such loss or damages caused due to any delays
    4. You are requested to provide accurate and clear delivery instructions and in case you are not reachable or do not accept the delivery for any reasons, Anivé reserves the right to cancel the order (s) at its sole discretion. 

11. User Comments, Feedback and User Generated Submissions

    1. You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information or software which misrepresents or is false and inaccurate, that invades anyone’s privacy by collecting or doing any other action which puts their personal information at risk, or is aimed at harming or exploiting a minor or any individual under the age of 18
    2. You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software which is copyrighted or is protected by trade secrets or trademarks or uses another person’s copyrighted work. 
    3. You agree that any comments, feedbacks and uploads made onto the Platform by way of submissions, suggestions, proposals, plans, or any other material your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
    4. You agree and acknowledge that the user comments, feedbacks and submissions will not contain any material that could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement and does not contain advertising for Ponzi schemes, discount cards, online surveys or online contests and such allied schemes. 
    5. Further, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence or to pay compensation for any comments or to respond to any comments that have been directly or indirectly submitted by you. 
    6. Anivé will have no obligation to, monitor, edit or remove content that has been uploaded or submitted by you for any reason on the Platform.
    7. We also have the sole discretion to remove after we determine any content,
       comments, feedback, or submissions by you as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable in general or of these Terms. 

12. Trademarks and Intellectual Property Rights 

    1. The Platform contains images, illustrations, videos, illustrations, and other materials, all are protected by copyrights, trademarks, and other intellectual property rights. 
    2. The Platform may contain trademarks, tradenames, and other copyrighted material, all such marks and properties remain the sole property of the respective owners of that mark, material, or property.
    3. You agree and acknowledge that you will not have or acquire any rights or interests or title to the marks and property or any such material on the Platform under any circumstances unless expressly mentioned by the respective owner. 
    4. Any use of the material in anyway or form, available on the Platform for remuneration or money or any kind of compensation will amount to commercial use and that is prohibited.
    5. You acknowledge and agree that you will use no direct or indirect means to make or modify, copy, reproduce, republish, upload, post, transmit, distribute, any marks or material or any other aspect of the Platform and you will not participate in any activity which results in any such change or modification. 
    6. It is expressly agreed to by you, that you will retain the ownership of any  content provided for by you or uploaded onto the Platform, in the form of texts, videos, photos, illustrations or other representations and the Platform has no liability on the upload of content done by you. You grant the Platform royalty free rights and unconditional rights to use the content uploaded by you on our Platform for reasonable business purposes. 
    7. Any use without the express authorization of the owners is strictly prohibited.

13. Prohibited Use 

    1. Including and not limited to the Terms and Conditions mentioned, the use of this Platform or its content, for any unlawful and illegal and objectionable purposes is strictly prohibited.
    2. Such activities include, but are not limited to any activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information. Also including activities involving the transmission of junk mail or spamming and any activities involving the promotion or use of viruses
    3. The user agrees to not solicit others to perform or participate in any unlawful acts and to not violate any international, federal, or state regulations, rules, laws, or local ordinances and to not infringe upon or violate our intellectual property rights or the intellectual property rights of others. 
    4. You agree and acknowledge that you will not to submit false or misleading information and / or to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet.
    5. You will not unlawfully collect or try to collect or track the personal information of others and will not involve in any activities which resembles or is a way to spam, phish, pharm, pretext, spider, crawl, or scrape. 
    6. You understand and agree that the Platform will not be used for any obscene or immoral purpose and will not do any act to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
    7. Anivé Athleisure reserves the right to monitor transmissions and investigate any alleged prohibited use of this web site and to disclose any and all information relating to such prohibited use. 
    8. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses

14. Warranties and Limitation of Liability

    1. You agree that the use or the inability to use the Platform at your own risk and it will be done to the extent permitted by law. The customer agrees to indemnify Anivé for any breach and/ or misrepresentation made herein.
    2. It is agreed and understood that all the materials and products and services included or provided or made available for on the Platform is provided on “as in” and “as available” basis without any warranties or representations, express or implied, direct, or indirect, except otherwise mentioned by Anivé in writing. 
    3. Anivé Athleisure uses reasonable security measures in order to attempt to protect Submitted Content against unauthorized copying and distribution. The security measures are reasonable and provided and used “as in” with no warranties, guaranties, and assurances that such mechanisms will with standattempts to evade security measures in place or that there might not be any circumvention of the measures. 
    4. We do not provide for any guarantee or warrant that your use of our Platform and the services, will be uninterrupted and timely. 
    5. We do not provide for any guarantee or warrant that your use of our Platform and the services, it will be secure and completely error free. 
    6. We do not provide for any guarantee or warrant that the results obtained during and from your use of our Platform, directly or indirectly will be accurate or reliable or to your expectations.
    7. In no event shall Anivé athleisure, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or be liable for any direct, indirect, punitive, compensatory, consequential, special damages or losses or any such other damages dude to inability to provide services or products, unauthorised access and alteration of the user’s data, breach of condition, representation or warranties and any other matters relating to the services, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

15. Indemnification

    1. You hereby agree to indemnify, defend, and hold harmless, Anivé , its officers, directors, affiliates, employees, contractors, subcontractors, agents, partners, and subsidiaries from and against all claims, actions, suits, demands, costs, and damages (including reasonable attorney's fees) asserted by any third party as a result of user's use of this web site or arising out of your breach of these Terms or other rules, regulations, policies and guidelines or your violation of any rules and regulations or the rights of any third party. 

16. Severability

    1. In the event that any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be fully enforceable to the extent that is permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

17. Termination

    1. Anivé may suspend or terminate your use of the Platform or any other Services that it provides, in its sole and absolute discretion, if it believes that there is infringement of rights or violation, abuse, manipulation, exploitation or any unethical or illegal activity pertaining to the Terms and Conditions or in any other way has acted unethically or for any other reason it deems fit
    2. The Platform can terminate unilaterally, your account on any event that occurs which violates the terms and Conditions. All and any such activities like false representations for fraudulent purposes and abuse of policies and transactions with malafide intentions, wrongful contact information representation, the Platform has and reserves the full rights to refuse access without notice to you. 
    3. After termination from your side or by Anivé, it reserves the right to delete and erase all content and other materials pertaining to you and your account and preserve some details and information for the sake of regulatory and legal compliance. 
    4. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms we also may terminate this agreement at any time without notice and you will remain liable for all acts done up to and including the date of termination; and/or accordingly may deny you access to the Platform or any part thereof).
    5. Notwithstanding anything in the above clause, the Terms and Conditions will survive indefinitely. 

18. Jurisdictional Issue / Sale Within India

    1. Unless otherwise specified, the products on the Platform are presented solely for the purpose of sale in India. Anivé makes no presentation that the materials and products on the Platform are appropriate or available for use in other locations/ countries other than India. 
    2.  Any access or use by persons, to the Platform from other locations/ Countries other than India are deemed to have done so on their own initiative and Anivé is not responsible for the supply or the products/ exchanges/ refund for the products ordered from other locations/ Countries other than India. 

19. Relationship

    1. Nothing in this Agreement or Terms or Policies or rules or guidelines under this Platform is intended or shall be intended to be construed as fiduciary relationship or a partnership or joint venture or an agency. The User of the Platform shall have the right or the authority to act on behalf of Anivé Athleisure under any circumstances. 

20. Force Majeure 

    1. Anivé Athleisure shall not be liable to the other for any delay or failure in performance under the Terms due to an unforeseeable cause beyond the control and fault or negligence, other than payment obligations. 
    2. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, pandemics, epidemics, acts of declared or undeclared war, acts of regulatory agencies or governmental authorities, or other national disasters.

21. Dispute Resolution

    1. Dispute means any disagreement, dispute, differences, or questions arising out of any part of the Terms and Conditions or any other Policies of Anivé Athleisure with regard to the interpretation or performance of duties or termination or payments or any other matter in connection.
    2. With an aim to have quick resolutions and effective means for solving differences, any dispute arises between the User and Anivé Athleisure, settlement will be first attempted through conversations, consultations, and negotiation. 
    3. Considering no settlement has been reached through consultations and negotiations with in 15 days of commencement of such consultations, the dispute shall be referred to a sole arbitrator appointed by Anivé Athleisure and shall be governed by the Arbitration and Conciliation Act, 1996. The language of the arbitration will be English and the venue for arbitration will be Bengaluru, Karnataka.

22. Governing Law

    1. These Terms, Policies and any separate agreements shall be governed by and construed in accordance with the laws of India. Any conflicts of laws and disputes arising shall be the exclusive jurisdiction of the courts, tribunals, and authorities at Bengaluru. The place of jurisdiction shall be exclusively in Bengaluru. 

23. Changes To Terms of Service

    1. You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website, without any prior written notice to you. You agree that it is your responsibility to review and to check our website periodically for changes or updates. Your continued use of or access to our Platform following the posting of any changes to these Terms, constitutes acceptance of those changes.

24. Entire Agreement

    1. The failure of us to exercise or enforce any right or provision of these Terms
       shall not constitute a waiver of such right or provision.
    2. These Terms and any policies or operating rules posted by us on this site or in respect to Platform constitutes the entire agreement and understanding between the parties pertaining to the subject matter and supersede any prior agreements, communications, and proposals, whether oral or written, between the parties with respect to the subject matter (including, but not limited to, any prior versions of the Terms and Conditions). 
    3. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party

25. Contact Information 

Questions about the Terms and Conditions should be sent to us at hello@aniveathleisure.com.