Terms & Conditions

1. TERMS & CONDITIONS

Welcome to Early Sunday! We are delighted to have you here. Please take a moment to review the following Terms and Conditions that govern your access and/or use of our Website (as is defined in our Privacy Policy statements, (https://earlysunday.co/pages/privacy-policy) including related sites and hyperlinks), mobile applications and our services. By clicking the “accept” button while accessing or using our Website/Platform, mobile applications and our Services, on your device you agree to abide by these Terms and Conditions. These Terms and Conditions, along with our Privacy Policy, Shipping, Payments, Cancellation, Returns, and Refund Policies (“the Policies”), constitute the entire agreement between you and Early Sunday. Ensure that you have a thorough read of the agreement for user’s awareness.

1. AGREEMENT OVERVIEW

• These Terms and Conditions, in conjunction with our Policies, constitute a legally binding agreement (the “Agreement”) between the User/you and Early Sunday, an ecommerce platform offering kids' apparel. Early Sunday is operated by Under THE BANYAN LLP, a company incorporated under the laws of India, with its registered office at 'K’ wing, 2nd Floor, Texcentre, Chandivalli, Saki Vihar Road, Andheri (E), Mumbai 400072.

• The Agreement covers your access and use of:

• Early Sunday's Website (https://www.earlysunday.co), including related sites and hyperlinks and mobile applications (collectively referred to as Website/Platforms/ our “Platforms” as is defined in detail hereinbelow) which may be used to avail certain Services (as is defined in detail hereinbelow).

• Our Services facilitating the sale and purchase of our merchandise (our “Products” as is defined in detail hereinbelow) and any additional services which may be provided by Early Sunday from time to time, on or by, the means of the Platforms (collectively referred to as the “Services” / our “Services” as is defined in detail hereinbelow).

• Your access and/or use of the Website/Platforms and the Services on any of your Device is governed by the Terms and Conditions and the Policies of this Agreement. You acknowledge and agree that by accessing and/or using the Website/Platforms and the Services, you are bound to the Terms and Conditions and Policies of this Agreement and convey your absolute, free will, acceptance to all the Terms and Conditions and all the Policies of this Agreement. If you do not agree to these Terms and Conditions and Policies, you shall refrain and not proceed with accessing and/or using our Website/ Platforms and Services.

2. DEFINITIONS

• “Agreement” means the Terms and Conditions and the Policy / Policies as set out herein, including all schedules, appendices, annexures or otherwise, and will include the references to this Agreement as amended, novated, supplemented, varied or replaced from time to time.

• “Applicable Law” means the laws of India which govern this Agreement, as may be amended from time to time, including the subject matter or the formation thereof and any rights and obligations and disputes or claims arising thereunder.

• “Delivery” means the physical delivery of the Product(s) at the registered address or designated address as may be provided by the User for which the order has been placed/executed on the Early Sunday’s Platforms.

• “Device” means any device that can access the Platform or which may be used to avail the Service such as a computer, a cell-phone or a digital tablet, laptops, and such other devices.

• “Early Sunday” / “we” / “us” / “our” means “Early Sunday” or its affiliates, franchisees, service providers, successors and assigns.

• For the purpose listed above, affiliates shall mean an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• “Policy” / “Policies” means all the Policy / Policies as referred to herein this Agreement, including the Privacy Policy, Shipping Policy, Payments Policy, Cancellation Policy and Returns and Refunds Policy, which are detailed out herein the Agreement, or provided as links, or form a direct/indirect/ancillary part of this Agreement and are subject to changes as per the sole discretion of Early Sunday.

• “Platforms” means Early Sunday's Website, as well as any other social media or internet platforms operated by Early Sunday wherein Users can access to browse or purchase Product(s) as referenced in this Agreement. This includes, but is not limited to, Early Sunday’s Website (including related sites, third-party linked sites as per the Privacy Policy, and any hyperlinks), mobile applications, and any other such media of operations operated by Early Sunday.

• “Platform Contents” means the content hosted on the Platforms, including but not limited to:

• Elements such as the information, text, graphics, images, logos, button icons, software code and interface whether copyrighted or not or registered trademark or not in relation to the Product(s) and/or the Platforms;

• Features of the elements such as design, structure, selection, coordination, expression, ‘look and feel’ and arrangement of such Platform Contents;

• “Price” means the retail price of the Product(s) to be purchased/booked/confirmed/ bought which may either be communicated or displayed or listed on the Website at the time of placing the order/ check out while payment of total invoiced bill (which may be inclusive/exclusive of GST (Goods and Service Tax as applicable)). The Price of Product(s) is subject to revision at the sole discretion of Early Sunday.

• “Product”/“Products” means Product(s) as referred to herein this Agreement, which are the merchandise(s) of Early Sunday listed on the Platforms and/ or are offered to be purchased by the User on such Platforms from time to time.

• “Services” means Services as referred to herein this Agreement, which includes services facilitating the use of Website/ Platforms, listing, sale and purchase of Product(s) listed on Platforms, it also includes all the operational functions available on the Website (including but not limited to subscription of news, updates, offers, add to cart, delete from cart, registration of Users, and such other) and any other ancillary additional services provided by Early Sunday in alignment and conjuncture to these Services from time to time on or through the Platforms as referenced hereunder this Agreement.

• “Terms and Conditions” means these Terms and Conditions as set out herein this Agreement, which governs the access and/or use of the Website/Platforms and the Services.

• “User” / “you” means the User/ you, a natural person, an individual accessing or using the Platform or availing the Service, or the company, or other legal entity or body corporate on behalf of which such individual is accessing or using  the Website/Platforms and/or availing the Services, including those in relation to purchase and sale of our Product(s).

3. INTERPRETATION

• Headings and subheadings, titles and sub-titles to clauses, sub-clauses and paragraphs are for convenience only and shall not form part of the operative provisions of the Agreement and shall not affect the interpretation of this Agreement.

• Words denoting the singular shall include the plural and words denoting any gender shall include all genders.

• The words “include” and “including” are to be construed without limitation.

4. ELIGIBILITY TO ACCESS AND/OR USE

• Users must be of legal age, at least 18 years of age or older to register on our Website/Platforms or use the Services. By registering on our Website/Platforms or using our Website/Platforms and Services, you represent and warrant that you are of legal age and have the authority, consent, free will, and power to enter into this Agreement.

• In the event it is found that any minor has been accessing the Website/Platforms and availing the Services herein, then, it is deemed that the guardian (appointed/ or as per Applicable Law) of such minor shall be liable for the acts of such minor. Further, in the event we receive knowledge that a User below the age of 18, has registered on our Website/Platforms or using our Website/Platforms and Services, we reserve the right to remove the said User account from our Website/Platforms and cancel any order placed by such User, unless the same is rectified to us, before the stipulated Delivery date, by the guardian of such minor, in writing, at our customer care/grievance redressal forum contact.

5. USER COVENANTS AND OBLIGATIONS

• Permission to Access and/or Use: Early Sunday grants you a limited, revocable permission to access and/or use the Platforms and the Services. This permission does not extend to:

1. carrying out any resale of the Product(s);

1. any commercial use of the Website/Platforms and the Platform Contents;
2. any collection and use of Product listings, description, or Prices;

1. any derivative use of the Website/Platforms and the Platform Contents, and/or

1. any other such purpose(s) as may or may not be specified from time to time herein this Agreement.

• You acknowledge, agree and undertake not to host, upload, display, modify, transmit, publish, copy, reproduce, duplicate or download (as the case may be); or,

1. any content which belongs to Early Sunday or any person other than the User and to which the User has no right; or,

1. any and all content which forms a part of the Platform Content, as defined herein and specified from time to time, for any purpose, except with the prior written notice by the User and subject to prior express written permission by Early Sunday; or,

1. any unlawful or inappropriate content on our Website/Platforms, including but not limited to such content which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, invasive of another’s privacy, hateful, disparaging or which relates to or encourages activities prohibited under the law for the time being in force, or otherwise unlawful or inappropriate in any manner whatsoever; or,

1. any content that harms minors in any way;

1. any content that infringes the intellectual property rights of Early Sunday or any other person, including but not limited to, trademarks, copyright, trade dress, design or other proprietary rights; or

1. any information on or through the Website/Platforms that is disruptive or competitive to the provision of Services by Early Sunday.

• You agree and undertake not to create, modify, copy, reproduce, transmit, display, perform, reproduce, publish, sell, re-sell, license or distribute for any purpose (as the case may be):

1. any software services obtained from the Website/Platforms; and/or

1. any derivative works from or emanating from the Platform Contents.

• You agree and undertake not to decipher, decompile, disassemble or reverse engineer any part of the Website/Platforms, including but not limited to, the software services obtained from the Website/Platforms and other technical components with respect thereto.

• You further agree and undertake not to:

1. violate or attempt to violate the integrity or security of our Platforms, including without limitation, by means of introducing or attempting to introduce any computer contaminant or computer virus designed to interrupt, destroy or limit the functionality of any computer resource; and/or

1. employ engines, software, tools or mechanisms to access, navigate and/or use the Website/Platforms and the Platform Contents, including but not limited to, data mining, robots, or similar data gathering and extraction tools, spiders, robots, avatars, worms, time bombs, Easter eggs, cancel bots, intelligent agents, etc; and/or

1. intentionally submit false information while registration or at the time of making payments or otherwise while accessing and/or using the Website/Platforms and availing the Services thereunder.

• You are obligated to:

1. Read and accept the Terms and Conditions and Policies under this Agreement;
2. Comply with all Applicable Laws while using our Website/Platforms;
3. Ensure that the registration credentials and any other information including personally identifiable information so provided for any of the purposes set out in this Agreement is kept confidential and is true, accurate, current and complete;
4. Ensure that the registration credentials and any other information including personally identifiable information so provided for any of the purposes set out in this Agreement is updated from time to time in the event there is a change;
5. Ensure that there is no unauthorised access to your registration account, for which you shall be held wholly liable and responsible;
6. Accept Product deliveries, except in cases of identified damages or deficiencies;
7. Use the Product(s) for personal use and other for reselling, distribution, or any other non-commercial use.

• You authorize Early Sunday to declare and provide declarations to any Governmental authority on their behalf including declarations regarding the purpose of purchased Product(s), if needed/required or requested.

• You warrant that you will comply with all Applicable Laws and regulations while accessing and/or using our Website/Platforms and Services. You further warrant that you will not access and/or use our Website/Platforms and Services in any way prohibited by terms contained in the Agreement or under the Applicable Law.

6. PRODUCT(S)/SERVICES

• Offer and Acceptance: All Product(s) and Services displayed on the Website/Platforms) are invitations to offer on our part. An offer is complete on your part when you raise an request (place an order) for the purchase of Product(s). Acceptance of the placed order on our part is at our sole and exclusive discretion and may be subject to such reasons including but not limited to, availability of the product at the time of placing the order, discontinuation of such Product(s), prior reservations of such Product(s), over demand and limited stock in inventory and other reasons. We request continued adherence to the Agreement on your part or otherwise.

• Display of Product(s) and Services on our Website/Platforms: We provide visual representations of our Product (s) on the Website/Platforms including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids, as well as Product description (s) and specifications to aid and assist the User(s) to identify the Product (s) of their choice. We undertake reasonable efforts to provide the best possible and accurate visual representation, Product description(s) and Product specification(s). However, the actual visual representation or product description or product specification(s) upon Delivery of the Product(s) may differ from the one displayed online on our Platforms due to reasons beyond our control. Hence, we disclaim any warranty, and we do not guarantee that the visual representation or Product description(s) or specification or description is accurate, complete, reliable, current, or error-free.

• Purchase of Product(s) as Registered User or Guest User: The User may register on the Website/Platforms by creating an account on the same. Registration is one-time and free of cost. We reiterate that it is your obligation to keep your registration credentials confidential. We may collect certain personally identifiable information at the time of registration, and you affirm by way of acceptance of this Agreement that you consent to the collection of your personally identifiable information for the purposes set out in our Privacy Policy. The details with respect to the scope, use, manner and mode of collection, purpose of collection, transfer and sharing of information and your rights in respect of your information are governed by and may be found in our Privacy Policy.

• Purchase and payment by the User: You understand that by clicking the “Buy Now” button, you are, by means of explicit and affirmative action, giving your consent to the purchase of the Product(s), thereby initiating a transaction with Early Sunday. Upon the initiation of a transaction, you are entering into a legally binding and enforceable contract with Early Sunday to purchase the Product(s) and /or avail the Services from us at the Price communicated and confirmed by us for the said Product(s). You may initiate the transaction by using the payment facilities provided for the said purpose and in accordance with the Price Policy and the Payment Policy set out herein this Agreement. The payment page may be redirected to our linked third-party payment gateway facilitator for the payment purposes. We assume no liability and are not accountable for any errors or omissions or fraudulent transfer of payments which may happen on such linked gateways. In the event the User is desirous of initiating any such grievance, then the User shall be liable to directly claims such damages form the payment gateways/ facilitator company itself.
• We currently do not operate on any cancellation process of our placed orders, however, we reserve the right to change the stand at our sole discretion.

• Our Contract:

1. Order Confirmation:  Upon placing an order, you will receive a communication from us, confirming that we are in receipt of your order. The confirmation of the order does not constitute acceptance of the order on our part, but a mere acknowledgement of order confirmation, and we have the right to cancel the order. The amount paid if any, shall be refunded to your account within 14 days from us receiving your returned order Products.

1. Order Acceptance: The acceptance of the order, that is, your offer to us, is complete on our part at the time of dispatch of the Product(s) for Delivery to you, which is confirmed and communicated to you separately via the means and modes of communication as set out herein this Agreement. Early Sunday reserves the right to accept or reject the order(s) placed by you and /or reserves the right to limit the supply quantity of items of the Product(s). No act or omission of Early Sunday prior to the actual dispatch of the Product(s) will constitute an acceptance of your offer. You agree not to dispute the decision of Early Sunday in this regard.

7. DELIVERY/SHIPMENT OF PRODUCT:

• Orders will be processed for shipment/Delivery upon selection of your preferred Delivery location, date and time and confirmation by us. Early Sunday shall not be held accountable, responsible, or liable for any delay or loss or damage caused directly or indirectly by its delivery/logistics partners. Early Sunday absolves itself from any and all liabilities that may arise due to any and all acts done, or purported to be done, on its own, or on behalf of Early Sunday, by the logistics/delivery partners. The delivery/logistics partnership relation with Early Sunday does not account for any agency principal relatio

• Delivery of the Product(s) under your order placed on our Platforms shall be made as per our Delivery/Shipment Policy forming a part of this Agreement.

• Delivery Title: Product title passes to the User upon receipt of the payment.

8. INTELLECTUAL PROPERTY RIGHTS

• All the Platform Contents and the Product(s) appearing in or on the Platforms are protected intellectual property of, or used with permission by way of license, or otherwise, by Early Sunday. All intellectual property rights associated with the Platforms and related goodwill, including copyright, trademarks, trade dress, trade secrets, patents, designs, design rights, source-codes, know-how, geographical indications and other such rights, are proprietary to us, except those which are proprietary to the third parties who host on our Platforms or are permitted by us (by way of license or otherwise) to use their intellectual property on our Website/Platforms. Any rights not expressly granted herein are reserved.

• The Platform Contents such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software and any other such works within the meaning of Copyright Act, 1957 are original to Early Sunday and are protected under the Applicable Laws.

• The Platform Contents such as text, graphics, logos, images or otherwise, which incorporate or depict our house-mark / tradename “Early Sunday”, our Product marks in the form of labels, product names, designs, or otherwise, our Service marks, the trade dress of our Product(s) in the form of the overall visual appearance or packaging, our brands, slogans, taglines or otherwise used for the purpose of marketing, advertising and other related purposes, and any other such marks used in the course of trade, are protected under the Applicable Laws and the law of passing off, including the Trade Marks Act, 1999, by way of registration and/or prior and bona fide use and/or honest and concurrent use.

• The Platform Contents comprising of all other such elements and features which are not otherwise protected under the Copyright law including the Copyright Act, 1957 and the law of trademarks and passing off including the Trade Marks Act, 1999, are protected under the relevant and Applicable Laws, including but not limited to, patents, designs, trade-secrets, know-how, geographical indications or otherwise.

• Except as may be provided in the Agreement, the Platform Contents shall not be modified, copied, reproduced, distributed, published, downloaded, displayed, sold, resold, licensed, posted , transmitted, compiled, decompiled, disassembled or reverse-engineered in any form by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written consent of Early Sunday.

• Early Sunday respects the respect the intellectual property of others. We reiterate that you are under obligation to not, host, upload, display, modify, transmit, publish, copy, reproduce, duplicate, download or otherwise any content on our Website/Platforms which belongs to others and thereby infringe the intellectual property rights of any other person, including but not limited to, trademarks, copyright, trade dress, design or other proprietary rights.

• If you believe your intellectual property rights have been infringed or used in a way that gives rise to concerns of infringement, please contact us at  customer@earlysunday.co.

9. PRIVACY AND SECURITY

• The User who registers, accesses and/or uses our Website/Platforms and avails our Services on our Website/Platforms shall be required to be identified by us for the purposes as set out in our Privacy Policy. We may be required to collect certain personally identifiable information such as your Full Name, Title, contact information (in the form of e-mail i.d., mobile no., address), limited payment details and other such information. The said data along with details with respect to the scope, use, manner and mode of collection, storage, and purpose of collection, transfer and sharing of information and your rights with respect to your information are governed by our Privacy Policy (https://earlysunday.co/pages/privacy-policy ).

• While we shall make reasonable endeavours to maintain high standards of security and shall provide the access and/or use of the Website/Platforms and Services by using reasonable efforts, we shall not be liable for any interruption that may be caused to your access or use of the Website/Platforms) and Services.

10. LIABILITY

• You acknowledge and undertake that you are accessing and/or using the Platforms and the Services and purchasing the Products at your own risk and that you are using prudent judgment and free-will, before placing an order for a Product or availing any Services through the Platforms.

• Early Sunday disclaims any warranties, express or implied, regarding our Platforms, Product(s), or Services.

• All rights and liabilities of Early Sunday with respect to any Platforms and Services to be provided by us shall be restricted to the scope of this Agreement. In addition to this Agreement, you shall also ensure that you are in compliance with the terms and conditions of the third parties, whose links are contained/embedded on the Website/Platforms. It is hereby clarified that we shall not be held liable for any transaction between you and any such third parties.

• You hereby expressly release Early Sunday and hold Early Sunday harmless from any damage, liability or other consequence of any of the actions/inactions of the manufacturers/brand owners of the Products purchased through the Website and/or mobile application and specifically waive any claims or demands that you may have in this behalf under any statute, contract or otherwise.

• In no event shall we be liable for any special, indirect, incidental, consequential or exemplary damages including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website/Platforms, its Services hereunder this Agreement in whatsoever nature, whether in an action of contract, negligence or other tortious action. However, in case it is found that you/any of your affiliate/partners are infringing on any of the Early Sunday’s Intellectual Property then, in such event you shall be liable to indemnify Early Sunday for the damages and losses as may have occurred, without any limitations.

• Without prejudice to the generality of this section the total liability of Early Sunday to you for all liabilities arising out of this Agreement be it in tort or contract is limited to the value of the Product (s) ordered by you.

11. INDEMNITY

• You agree to indemnify, defend and hold us and our affiliates harmless, including employees, directors, officers, agents and their successors and assigns, from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) incurred by us or asserted against us, arising out of:

• Your actions or omissions in breach of this Agreement, including:

1. Your access and/or use of the Website/Platforms and Services, including the purchase of our Product(s);

1. Infringement of our Intellectual Property Rights including the Intellectual Property Rights of third parties;

1. Violation of the rights of any other persons.

• Actions or omissions on behalf of Early Sunday’s third-party affiliates, manufacturers, vendors, suppliers and logistic partners in providing services.

• This clause shall survive the expiry or termination of this Agreement.

12. GRIEVANCE REDRESSAL, DISPUTE RESOLUTION AND GOVERNING LAW

• All grievances of the User(s) arising from the access and/or use of the Platforms and the Services should be addressed to the Grievance Officer appointed for the said purpose. The Grievance Officer shallacknowledge the grievance within twenty-four (24) hours from the receipt of the grievance and shall endeavour to resolve the grievance within fifteen (15) days from the receipt of the grievance. The contact information of the Grievance Officer may be found in the relevant section of our website and associated mobile application.

• All grievances of the User(s) arising from any issues in connection with the Product (s) and Services, including but not limited to, quality, quantity, Delivery, refund, return, exchange or otherwise, should be addressed to the Grievance Officer appointed for the said purpose. The Grievance Officer shall acknowledge the receipt of any consumer complaint within forty-eight (48) hours and redresses the complaint within one (1) month from the date of receipt of the complaint. The contact information of the Grievance Officer may be found in the relevant section of our Website and mobile application.

• The Agreement or the documents that incorporate the Agreement by reference and any contractual obligations between Early Sunday and you under the Agreement shall be governed by the laws of India, and such disputes or claims (including non-contractual disputes or claims) arising under this Agreement shall be subject to the exclusive jurisdiction of the courts of Mumbai.

13. TERM AND TERMINATION

• The Agreement will remain in full force and effect for the period of your access and/or use of the Website/Platforms and the Services or unless and until terminated by us.

• You may discontinue access or delete your account from our Platforms at any time.

• It is specifically clarified that deletion of your account under the Agreement shall not discharge you to pay for Product(s) purchased on the Website/Platforms or fulfil any such obligation which is accrued on you or arose during or before the date of deletion/ termination of your account, which remains unfulfilled on your part.

• We reserve the right to terminate the access and/or use of the Website/Platforms and the Services by you at any time with/without cause notice in the event of breach of any term contained in this Agreement or misrepresentation of information, any unlawful activity or if we are unable to verify or authenticate any information you submit to it.

• Provisions of this Agreement expressly stated to survive after the termination of the Agreement shall survive after such termination and such provisions shall remain valid and in force.

14. FORCE MAJEURE

• Early Sunday shall not be held accountable or deemed to have breached this Agreement for any failure or delay in fulfilling or performing any obligation under this Agreement to the extent that such failure or delay is caused by or results from acts or circumstances beyond Early Sunday's reasonable control ("Force Majeure Event").

• Force Majeure Events include, but are not limited to, acts of God, fire, flood, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades in effect on or after the date of this Agreement, national or regional emergency, strikes, labor stoppages or slowdowns, or other industrial disturbances, passage of law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota, or other restriction or prohibition or any complete or partial government shutdown, or any other event or circumstance beyond Early Sunday's reasonable control.

• Force Majeure Events also include, but are not limited to, cyberattacks, data breaches, hacking attempts, malware infections, or other cyber threats that compromise the security, integrity, or availability of the services provided by Early Sunday under this Agreement.

• Early Sunday may promptly notify the User or promptly post on their Platforms or may send communications of such Force Majeure Event on emails or WhatsApp, wherever possible in writing after the occurrence of any Force Majeure Event.

• During the continuance of a Force Majeure Event, Early Sunday shall use all reasonable efforts to mitigate its effects on the performance of its obligations under this Agreement. The User acknowledges and agrees that during such Force Majeure Event, the performance of certain obligations under this Agreement may be suspended.

• If a Force Majeure Event prevents Early Sunday from performing its obligations under this Agreement for more than [60] days, the purchase order accepted by Early Sunday shall be terminated by default upon such intimation/ written notice as per clause 17.4, and Early Sunday shall assume no liability or indemnity towards such termination of orders or accounts, or any directly/indirectly related losses or damages suffered by the User.

15. NOTICES AND COMMUNICATIONS

• All our notices and communications to you shall be in English. Notices and communications shall be deemed to have been duly given, delivered, received by you - personally, or by post or courier service or registered or certified mail (return receipt requested) or by electronic means such as e-mail, SMS or otherwise, or by posting said notices and/or communications at the address specified by you while registration or billings on our Website/Platforms or by any other means and modes of communication, as deemed fit and appropriate.

• You having consented to the collection of your personally identifiable information at the time of registration for the purpose of purchasing product(s) and availing Service(s) on our Website/Platforms, shall receive communications electronically by way of e-mail, phone call, SMS or otherwise, or by any other means and modes of communications as deemed fit and appropriate, with respect to inter alia, your registration, your activities on the Website/Platforms and in relation to the Services availed by you, and your order. You are, therefore, responsible for providing a valid mobile number / landline number / e-mail address or otherwise, and the complete and accurate address for communicating such information in relation to, inter alia, the acceptance or rejection of your offer to purchase a Product, payments, dispatch of your Product (s) and promotional activities taken by Early Sunday from time to time.

• Any such communication in the nature of confirmation of the receipt of the order shall not be construed as a communication of acceptance of the order. We reiterate that acceptance of your order is complete on your part only upon the dispatch of the Product(s) for Delivery, and the same shall be duly notified to you by us.

• You may communicate to us and deliver to us personally, or by post or courier service or registered or certified mail or by electronic means such as e-mail or SMS or otherwise at the following address, e-mail i.d. or phone number:

Address of the registered office: 

'K’ wing, 2nd Floor, Texcentre, Chandivalli, Saki Vihar Road, Andheri (E), Mumbai 400072

E-mail address of Early Sunday: customer@earlysunday.co

16. WAIVER

• Early Sunday's failure to enforce any provision of this Agreement or respond to the User or a breach by the User, shall not constitute a waiver of its right to enforce any provision in the future or to act with respect to the User or similar breaches by a User.

17. ASSIGNMENT

• User agree and acknowledge that Early Sunday shall at its own discretion, assign, subcontract any or whole part of its obligations hereunder this Agreement.

18. AMENDMENTS

• Early Sunday reserves the right to amend the Agreement, including the terms and conditions and the policies herein this Agreement, without prior notice. Users are advised to check for updates regularly. All amendments shall form part of the Agreement and the Agreement along with the amendments thereto shall constitute the entire agreement between the Parties.

19. SEVERABILITY

• If any provision of this Agreement is deemed invalid, void, or unenforceable in whole or in part for any reasons, the said provision or part thereof shall be rendered invalid, void or unenforceable as the case may be and shall be deemed severable, however, the validity and enforceability of the remaining terms of the Agreement shall not be affected and the Agreement shall continue to be in full force and effect.

20. ENTIRE AGREEMENT

• This Agreement, including any exhibits, schedules, attachments, links, Policies hereto, constitutes the entire agreement between the User and Early Sunday concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, and understandings, whether written or oral, relating to such subject matter.

21. DISCLAIMER

• You expressly understand and agree that, to the fullest extent permitted by law, all access and use of the Website/Platforms, Platform Contents or any information, Product(s) or Services contained at or provided through or purchased from the Platforms, and any functionality or software or programming contained at or provided through the Platforms, is provided on an “As-is” and “As-available” basis without any guarantee or warranty of any kind, whether express or implied.

• We / Early Sunday, endeavour to keep the information on the Website/Platforms up to date and correct. However, we make no representations or warranties of any kind, express or implied, about the accuracy, reliability, suitability or availability of or with respect to the Website/Platforms and the information contained on the Website/Platforms. We shall not be liable for any false, inaccurate, inappropriate or incomplete information contained and presented on the Website/Platforms. We reserve the right to make any addition, deletion, modification or otherwise to the information hosted and displayed on the Platforms at any time. You acknowledge and undertake that you are accessing and/using the Services on your Website/Platforms at your own risk. Any reliance you place on the information contained on the Website/Platforms is solely and strictly at your own risk.

• We shall not be liable nor responsible for any warranties or representations, whether express or implied, with respect to the price of the Website/Products, the Website/Products, the Product specifications, appearance, images, graphics or otherwise in relation thereto and merchantability or satisfactory quality or fitness for a particular purpose save and except the limited manufacturer’s warranty/guarantee on the respective Website/Products assigned unto us, and we hereby expressly disclaim and any all responsibility and liability in that regard. You acknowledge and undertake that you are transacting and purchasing our Website/Products and availing Services on our Website/Platforms at solely and strictly at your own risk and using your best and prudent judgement and free will for the same.

• We / shall not be liable nor responsible for the access and/or use of, or interaction or transaction with third party websites (including related sites and hyperlinks), on or through our Website/Platforms or which connects to our Website/Platforms. We affirm that the intellectual property of a third party, if hosted on our Platforms, is done so with due permission from the owners by way of license or otherwise. We further affirm that it is the responsibility of the User not to infringe the intellectual property belonging to any third party which may be hosted on our Website/Platforms and all liabilities and responsibilities in respect thereof accrue to the User. Hence, we shall not be liable nor responsible for the infringement of the intellectual property of any third party which may be hosted on our Website/Platforms.

• We disclaim all other liabilities or responsibilities which are expressly disclaimed in the Agreement as a whole, including those not expressly referenced in this clause.

1. POLICIES

(we suggest and recommend our Users to kindly also refer to the linked polices mention on the Platforms and read through the FAQs)

1. PRICE & PAYMENT POLICY

1. Price Policy:

• Price Changes: Prices and taxes for all Product(s) offered by Early Sunday are subject to change without prior notice.

  We strive to provide competitive Prices based on the global locations and markets and endeavour to offer. The Prices specified at the time of placing the order and confirmed by us upon placing the order shall be the Prices charged to you on the date of Delivery.

• Price Differences: You agree and understand that there may be instances where the delivered Product'sretail price differs from the Price displayed on the Platforms due to various reasons, including delayed Price updates or regional variations in retail price. Further, online Prices may differ from offline Prices at physical stores. We are not responsible or liable for such pricing differences.

• Mispricing: We endeavour to inform the correct Price of the Product(s), however, there may occur such possibilities where Product(s) may be mispriced, i.e. the correct Price of the product may be different (lower or higher) than the stated Price of the Product, in such event, User may raise a grievance and Early Sunday is at its soles discretion to provide for such Price as it deems fit based on request/grievance raised by the User. We reserve the right to adjust the Price of our Product(s) displayed and made available for offer at any time. Further, if we become aware or receive knowledge of the fact that the Product(s) for which the order has been placed by you is mispriced, we also reserve the right to cancel the order and thereby not deliver the Product(s) to you, and in such cases of order cancellation, you may seek for a refund of the Price actually paid for the Product(s).

• Price Disclaimer: The information in respect of the price listings is presented on the Platforms in good faith. As we operate globally, the pricing of the Products shall be dynamic and shall be constantly changing, as per the ongoing international rate of conversions, Early Sunday reserves the right to make such pricing changes at its sole discretion. We make no representations or warranties as to the completeness or accuracy of the information in respect of price listings. We disclaim all liabilities and responsibilities with respect to loss or damage incurred by you on account of any change or discrepancy in the Price of the Product(s) displayed and made available to you on the Website/Platforms. Kindly note that, Early Sunday is not liable for any customs duty, as may be applicable on the Products, whether imported or exported or local, such charges are extra and applicable and are to be paid by the User. We suggest that the user also read through the additional Pricing Policy (https://earlysunday.co/pages/return-and-exchange-policy) and FAQs listed on our website.
• 2.1 Payment Options: Early Sunday offers multiple online payment facilities. Payments may be made in Indian Rupees (INR) and any other currency (international or domestic) as may be allowed from time to time, such denominations/currency may be converted at the applicable conversion rate of INR at the time of placing such order, however, the pricing of our Product(s) shall differ from location to location in line with the global markets and economic demands and various factors affecting such pricing.

2. Payment Policy:

• Payment Options: Early Sunday offers multiple online payment facilities. Payments may be made in Indian Rupees (INR) and any other currency (international or domestic) as may be allowed from time to time, provided such denominations/currency are converted at the applicable conversion rate of INR at the time of placing such order. You, as a purchaser of the Product(s) and User(s) of the services availed on the Website/Platforms understand that all payment facilities may not be available at all times including at the time of placing the order, either wholly or in part, or for all categories or a select category of Website/Product(s), or for certain locations. Hence, Early Sunday reserves the right to modify available payment modes without prior notice and/or are not liable for any changes or issues arrived at during the pricing conversion as per applicable conversion rate. You agree and understand in respect thereof that you may not be entitled to use that payment facility in respect of the transactions for those Products or locations.

• Offline Payments: We do not provide any Cash on Delivery (CoD) for any of our orders. Early Sunday reserves it right to change this CoD Policy at any time without any prior notice at its sole discretion.

• Online Payments:

• Online payments can be made using online payment facilities such as credit cards, debit cards, net banking, wallet options and any other facilities in the online mode as may be specified and made available from time to time by us.

• We do not guarantee the availability of any and all payment facilities, for example, certain international or domestic credit or debit cards, at all times or at certain times when such facilities cannot be made available, for any reasons whatsoever. .

• You agree and understand all liability and responsibility in respect of the online transaction, particularly in respect of ensuring the success of the online transaction at the time of payment for the ordered product, and the correctness, accuracy, completeness or otherwise of the credentials used for availing the online payment facility, shall be solely that of the User, and we shall not be responsible for any issues, whether network, technical or otherwise, which may arise at the time of conducting the online transaction.

• In the event of an unsuccessful online transaction, whereby the amount for which the payment was sought to be made by the User was neither debited from the account of the User nor credited in the accounts of Early Sunday for various reasons, including without limitation, network or technical issues, or inability of the concerned bank to process the payment or otherwise, the order shall not be deemed to have been placed.

• In the event of an unsuccessful online transaction where the bank confirms the success of the transaction on part of the User, but the amount due for the payment does not reach and get credited in our accounts, the order shall not be deemed to have been placed, notwithstanding network or technical issues, or inability of the concerned bank to process the payment or otherwise. The payment gets auto reversed in the usual course and the amount is refunded to the bank account of the User within the stipulated time. We are not liable nor responsible for any modalities in respect of the process of auto-reversal or any loss or damage to the User on account of the circumstances outlined herein. Hence, in such an event, you are advised to contact the concerned bank. You may, however, request us to provide a written confirmation of the non-receipt of payment by contacting us on or using the channels specified herein this Agreement for the purpose of raising the issue of reversal with the concerned bank, however, the same shall be subject to due verification on our part.

• In the event of a successful online transaction where the amount due for the payment towards the placed order is debited from the bank account of the User and the same is credited in our accounts but is not successfully communicated to our system due to any issues, network, technical or otherwise, the order shall not be processed by us and we shall initiate a refund for the said amount. Furthermore, in the event of an unsuccessful online transaction, payments for the order placed have to be made in the Cash-on-Delivery (CoD) mode.

• Payment Authorization: You shall represent to us that you have the lawful and valid authorisation to make payment(s) for the Products by way of use of cash or any other payment facility approved and made available by us in respect thereof. You represent to us that you have the legal capacity to make payments on your own behalf and on behalf of others, and that you are the rightful owner of the payment instrument, or the person duly authorised by the said owner to make payment(s). We shall not be liable and responsible for any lapse in securing such authorisation or the absence of such authorisation. We reserve the right to verify and authorize both online and offline payments, including without limitation, requesting photo identity proof (in the case of online transactions) to establish your ownership of the payment instrument used by you for your purchase, or any other such proofs as may be required under the Applicable Law. The acceptance of payment shall be at the sole discretion of Early Sunday.

• Refusal to process transactions: We may refuse to process transactions on the basis of any or all of the following grounds as set out hereinbelow:

• If the User (herein referred to as the “purchaser” for the purpose of this clause) is found to have a prior history of questionable antecedents, including without limitation, breach of any agreement between the User and Early Sunday;

• If the purchaser is found to be in breach or violation of the law;

• If there is a reasonable suspicion in respect of the creditworthiness of the purchaser or, the authenticity of the purchaser, or the genuineness of the transaction;

• If there is an unusually high volume of transactions emanating from such purchaser;

• If we are unable to verify the authenticity of the purchaser’s identity and/or relevant details of the purchaser;

• In the interest of ensuring security or for other reasons at the discretion of Early Sunday;

On the basis of any or all of the above-mentioned grounds, we reserve the right to reject the order placed by the purchaser.

• Disclaimer for Payments: Early Sunday disclaims any and all liabilities and responsibilities in respect of any loss or damage arising directly or indirectly to you, on account of:

• Lack of authorization for any transaction/s, or

• Exceeding the present limit mutually agreed by you and your issuing bank, or

• Decline/Refusal of transaction for any reasons whatsoever, or

• Any payment issues arising out of the transaction, or

• Cancellation or rejection of the order.

1. DELIVERY/SHIPPING POLICY

1. Delivery Timelines: The order will be delivered to the Delivery location/ address stated by you, within the scheduled Delivery slot during the business Delivery hours, subject to product availability and Delivery constraints. We/ shall endeavour to deliver the product as and when it is available on the Delivery day as per the Delivery schedule for the day. However, if the Product is not available for the said Delivery day, the Product may be delivered as per a revised schedule of Delivery which may be duly intimated to you.

2. Delivery Acceptance: You/ must accept the Delivery and verify the Product(s) upon receipt of the Product made on the delivery address provided by you. You bear responsibility for checking the quantity, completeness and correctness of the Product(s) delivered to you. The User must comply with any such procedures for verification of Delivery at the time of actual Delivery of goods at the Delivery location as may be prescribed by time to time by us. Any dispute regarding the Product(s) shall be addressed to our customer care/grievance portal at customer@earlysunday.co.

3. Refusal to take Delivery: You shall not refuse to take the Delivery of the Product(s) at the Delivery location, save and except on the following grounds:

• Any defects or deficiency in respect of the ordered Product;

• If the Product sought to delivered at the delivery location is not the product which was ordered.

4. Waiver of Shipping Charges: Shipping charges may be waived during certain promotions or offers, subject to terms and conditions.

5. Order Tracking: Customers will receive tracking details via email or SMS after dispatch. Orders can be tracked online using the provided ID. Orders may also be tracked through your registered account on the Platforms.

6. Order-Splitting: The order may be split and delivered at different times or through different courier partners due to product availability or logistical constraints.

7. Service Availability: Deliveries are currently available in selected pin codes/areas within India. Customers can check serviceability with customer support.

1. RETURN, EXCHANGE & REFUND FOR PRODUCTS

1. No Questions Asked Return: Customers, only within the Territory of India, may avail to return the Product(s), within 15 (fifteen) days from the date of the time of Delivery, or at the time of Delivery itself, if unsatisfied with the Product(s). Refunds will be issued via the original payment method or as store credit in your registered account, only after 14 working days from date of us received the returned Product(s), which can be used for subsequent purchases. Kindly Note that the Return shall be considered as valid only if it is due compliance with the terms and procedures described within our Return Policy as further detailed herein (https://earlysunday.co/pages/return-and-exchange-policy ) and the FAQ’S therein provided on our Platforms.

2. Product Condition: Product(s) can be returned or exchanged if damaged, broken, faulty, leaking, not of satisfactory quality or different from the ordered item, provided they are in the same original condition as they were supplied in original packaging, accessories and any free items received along with the ordered Products must be included for the purpose of return or exchange. Those Product(s) with any form of damage suffered on account of your actions, such as mishandling of product or tampered or missing labels, shall not be accepted for the purpose of return or exchange.

3. Prepaid Orders: Refunds for prepaid orders will be processed within 3-15 business working days, depending on the payment method, or alternatively may be credited as store credit in your registered account. Cash refunds are not provided.

4. Validity Period: The Product(s) can be returned/exchanged within 15 days from the date of Delivery, depending on the nature of the product.

1. CANCELLATION POLICY:

1. Cancellation Window:
   We currently do not operate on any cancellation process of our placed orders, however, we reserve the right to change the stand at our sole discretion. 

2. Refund: Refunds for returned orders will be issued as per the prevailing Return Policy.

By using the Platforms and Services provided by Early Sunday, you agree to the terms set out herein this Agreement, which includes the Terms and Conditions and the Policies. If you do not agree, please refrain from accessing and/or using our Platforms and Services.