LEGAL SECTION
Terms of Use
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General Terms and Conditions of Use of the Website ​
Last Updated November 2024
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Welcome to www.vitisha.com website (hereinafter the "Website").
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE OF THE WEBSITE (HEREINAFTER THE "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE.
The Terms of Use govern the access to, and use of, the Website and the content and services available through the Website (“Services”).
Use of the Website and of the Services implies the full acceptance of these Terms of Use and all guidelines and rules, including but not limited to the Privacy Policy referred to in Clause 14 (below), and acknowledgment of their relevant mandatory nature. When registering to use the Website and the Services, you will be asked to agree to be bound by these Terms of Use. You are only authorized to use the Website and the Services if you agree to abide by all applicable laws and the terms of these Terms of Use and indicate your acceptance during the registration, or subscription, process. If you (“User”) do not agree to be bound by these Terms of Use and to follow all applicable laws, you should not proceed with registering or using the Services.
Vitisha reserves the right, at its sole discretion, to modify these Terms of Use from time to time. We will post the revised Terms of Use on this Website and update the "Last Updated" date to reflect the date of the changes. Please consult these Terms of Use regularly. The use of the Website and the Services after such modifications constitutes your full acceptance of the revised Terms of Use. If you do not agree with the revised Terms of Use, please stop using the Website and Services.
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1. Imprint
1.1 The Website and its contents are designed, operated, and administered by Vitisha Barhe, owner of Vitisha an Indian incorporated sole ownership, under the management of VS Private Assets, the parent company (hereinafter referred to as "Vitisha," "we," "us," or "our").
1.2 The disclosure of contact information described above does not constitute consent to contact for purposes unrelated to the Website and/or Services or for unauthorized purposes, including, but not limited to, marketing.
2. User Age
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2.1 The Services are intended for persons who have reached the age of consent in their country/province or territory of residence or, if they have not reached such age, whose parent or legal guardian agree to the use of the Services.
3. Services
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3.1 You may register for, or subscribe to, or request our Services as available from time to time on the Website. The Services might include, by way of example but without limitation, “Create a profile on Vitisha”, “My Vitisha Account” and “Book an Appointment”.
3.2 When registering for, or subscribing to or requesting our Services, you must provide accurate information referred to you. In the event of any change in the information you provided upon your registration or subscription or request, you should inform us of any such changes to ensure that you will keep benefitting from the Services.
3.3 If you registered for a Service requiring prior authentication (e.g. My Vitisha Account), you agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account attributable to you or by default in protection of your password.
3.4 These Terms of Use, and any posted revision of these Terms of Use, shall remain in full force and effect for the entire duration of your use of the Website or of the Services.
3.5 Without prejudice to other remedies provided by applicable law and under these Terms of Use, in the event you fail to comply with the obligations under these Terms of Use, Vitisha will be entitled to cancel your registration or subscription, and/or to block your account and/or deny, restrict, suspend, or terminate your access to the Website and to the Services.​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​
4. User Profile Creation on Vitisha
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4.1 Vitisha wants to provide you with the same unified experience no matter how you interact with us. For this purpose of providing you with an exclusive experience, among the Services available on the Website, you can create a Vitisha profile.
4.2 The creation of a Vitisha profile will allow you:
(i) to facilitate your purchases. If you create a MyVITISHA Account you will be also able to keep track of the status of your orders and access the information relating to your purchases and, with your consent, to save your payment information securely;
(ii) to benefit from clientelling operations aimed at providing you with a personalized and enhanced shopping experience. This may include individual interaction to propose to you tailored product recommendations, exclusive offers, and invitations to events;
(iii) to benefit from a tailored assistance and customer service when you contact us or we contact you (whether by phone, video chat, text message, chat, social media, etc.), in particular through access by the Vitisha teams to your purchase history or previous interactions with Vitisha;
(iv) to benefit from a customized and personalized experience. By leveraging the data you provide in your Vitisha profile, we aim to offer you a personalized experience and tailored assistance. This may include personalized product recommendations, style advice, and customized offers based on your preferences and purchase history. We may analyze your browsing and purchasing behavior to improve our services and enhance your overall experience. However, we respect your privacy and will handle your personal data in accordance with applicable privacy laws and regulations and our Privacy Policy;
(v) with your consent, to receive marketing communications and promotional materials related to our products and services. You have the right to opt-out of these communications at any time by applying the opt-out option that will always be shared with you, as described in our Privacy Policy.
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4.3 When creating a Vitisha profile, you agree to:
(i) provide and keep accurate and complete information about yourself;
(ii) maintain the confidentiality of your profile and your log-in credentials, if applicable; and
(iii) restrict access to others. Once you have asked us to create your Vitisha profile, via the Website or any other means, including our customer service, your personal information will be linked to this profile, where we will keep all the information we have on you. The information in your Vitisha profile is crucial to provide you with a personalized and tailored experience, and in some cases is necessary in order to access to some specific services or to purchase from our website, and thus it needs to be kept up to date for the best experience.
4.4 You agree to accept responsibility for all activities that occur under your Vitisha profile, whether or not you have authorised those activities.
4.5 Pursuant to article 3.5 above, If we have reasonable grounds to suspect that the information you provide impersonates another person, Vitisha reserves the right to suspend or terminate your Vitisha profile.
4.6 You can delete your Vitisha Profile at any time by contacting our privacy team at privacy@vitisha.com. For any further information on how to exercise your rights regarding your personal information, please refer to our Privacy Policy.
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5. Electronic Services
5.1 Certain parts of the Services may need to be provided through electronic communication channels (e.g. e-mail, SMS, phone).
5.2 You agree that we may contact you for Services-related issues by SMS, e-mail or other electronic technology and you acknowledge that, in some jurisdictions, use of the mobile services may result in charges imposed on you by your network provider and that you will be responsible for such charges.
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5.3 You may not use the Website or Services for any illegal or unauthorized purpose or utilize the Website or Services for any purpose in violation of the laws in your jurisdiction (including but not limited to copyright and intellectual property rights regulations). You may not use any hardware or software which may damage or interfere with the proper working of the Website and/or Services or to surreptitiously intercept any communications, data or personal information from the Website. You agree not to interrupt or attempt to interrupt the operation of the Website or Services in any way.
6. Protection of industrial and intellectual property rights
6.1 The content on this Website, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, trade dress, logos, software for design, implementation and use of the Website, layout, structure and organization of the content of the Website, the collection and organization of data and information, video clips, musical compositions, audio clips, designs, devices, or any other material (collectively, “Contents”) is protected under domestic and foreign intellectual property laws. Vitisha owns all rights and/or license in and to the Contents. Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, trade dress, patent and other laws. You understand and agree that, except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted, modified, or created into derivative works in any form or by any means without the prior written permission from Vitisha. Any special rules for the use of other items provided on the Website may be included elsewhere within the Website and are herein incorporated into these Terms of Use by reference. The use of the Contents on any other website or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to Vitisha.
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7. Submissions
7.1 Any ideas, suggestions, information, know-how, material, or any other content received by us from you or others through this Website, or through other forms of communication such as mail or email (collectively, “Submissions”), will be deemed to include a royalty-free, perpetual, worldwide, irrevocable, nonexclusive, sublicensable right and transferable license for us to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You expressly acknowledge and agree that you waive any claim to the contrary. You are solely responsible for your Submissions, the consequences of making Submissions, and your reliance on any Submissions. Vitisha is not responsible for the consequences of any Submissions. You declare and warrant that the Submissions do not violate any rights of third parties arising from the law or by contract, including, but not limited to, the rights related to the author, trademarks, patents, trade secrets, copyright, confidentiality and any other proprietary or personal rights. Vitisha is not responsible for screening or monitoring Submissions made to this Website by users. If notified by a user of a submission allegedly in violation of these Terms of Use, Vitisha may investigate the allegation and determine in good faith and at its sole discretion whether to remove such Submissions. Vitisha will have no liability or responsibility to users for performance or nonperformance of such activities. Vitisha may, but will not be obligated to, use and/or provide any author attributions related to any Submissions. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
8. Links to other sites and to the Website
8.1 This Website may contain links to other websites. Vitisha has no control over such websites and will not be responsible or liable for any content or anything else related to your accessing or use of any third party websites.
8.2 Hyperlinks to other websites and references to information, products or services of third parties linked to this Website do not constitute, and should not be interpreted, in any way, as an endorsement by Vitisha of such websites, information, products or services. Any question or comment related to these websites must be addressed to the relevant operators. Vitisha shall not be responsible for any losses, damages, or other liabilities incurred as a result of use of such sites.
8.3 You are not permitted to frame or “mirror” this Website or any of its Contents on any other website or to link to any part or section of the Website or its Contents, in whole or in part, without prior written consent of Vitisha.
9. Accuracy and Completeness of Information
9.1 This Website is solely for private, personal, and non-commercial use, and the material on this Website is presented for informational and/or promotional purposes only. Vitisha shall not be responsible if the information made available on this site is inaccurate, incomplete, or outdated. The information included on the Website and/or Services should not be relied upon or used as the sole basis for making decisions without consulting more accurate, more complete, or more timely sources of information. The User assumes all risk for any reliance upon the accuracy of any information portrayed on the Website or Services.
9.2 Unless otherwise specified, the Website and Service are intended to promote Vitisha products and services available in India. The prices displayed on the Website and Services are quoted in Indian Rupees.
9.3 The photographs and images of products included on the Website and Services have been portrayed as accurately as possible; however, the settings and specifications of the User's viewing device or display could affect the accuracy of the colors of products portrayed.
9.4 Some of the products displayed on the Website or Services are available only in specific retail locations in India, in certain foreign markets, and/or online through the Website. The quantities of these products may be limited and are subject to return or exchange in accordance with the terms and conditions set forth in the applicable return policy dependent upon the point of purchase.
9.5 The Website and/or Services may include a button or hyperlink labeled "Find in Store" when viewing a particular Product. Clicking on this link will present you with the option to provide location information so that the Website can display the availability of the selected Product in stores near the location specified. The availability information is updated as frequently as possible but, due to frequent store inventory changes, the availability information is not guaranteed to be accurate. In addition, Products identified as available may no longer be available when you visit the location specified. The in-store price of a Product may vary among stores and may be different from the online price for the same Product.
9.6 We provide you with Products and Services through the networks of other telecommunications providers and through other suppliers and third parties. Your use of the Products and Services of Vitisha and the equipment, facilities and services of third party suppliers is at your own risk. We assume no responsibility for the security of your facilities or networks or for unauthorized access to such networks or facilities. In all cases, you are responsible for determining and establishing secure network access configurations. Vitisha, its partners, affiliates and third party suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers shall not be liable for any inability, failure or mistake related to any security breach or identification of such breach or any loss that results from the transmission of confidential or sensitive information over the Internet. Vitisha and its suppliers make no commitments with respect to the recoverability of lost data.
10. Exclusion of warranty
10.1 To the maximum extent permitted by law, this website, its materials, contents, and services are provided on an "as is" and "as available" basis. Vitisha provides no warranty or guarantee in connection with this website, its materials, contents, or services, including, by way of example, that it will always be available, without interruption or errors in functioning, that defects will be corrected, or that it will be safe from malicious programs (such as viruses, bugs, malware or similar)), that it is merchantable, that it is suitable for any particular purposes, or that (except as expressly stated in our privacy policy), any information you may provide or activities you engage in the course of your use of this website or any hyperlinked website are secure and expressly declines any such warranties. to the extent that applicable law does not allow the exclusion of implied warranties, the above exclusions of implied warranties may not apply to you.
10.2 Vitisha works to ensure that the information made available through the website is accurate and up to date. however Vitisha cannot guarantee the accuracy of such information or that such information is free from errors or omissions and Vitisha makes no warranty, and shall have no liability, in respect of the same. Vitisha reserves the right to update and/or correct the contents of the website at any time without notice and without any liability.
11. Limitation of liability
11.1 Some countries do not allow all or part of the following limitations or exclusions of liability and, if required by applicable law, the contents of this section may not apply to you.
11.2 You are responsible for evaluating the information and content obtained through the website. by using the website you undertake all risks connected to the relevant use and to take full responsibility for any failure in the use, loss of data and costs associated with all necessary service and maintenance of hardware and / or software used in connection with the website.
11.3 To the maximum extent permitted by applicable law, you also undertake not to hold us, our licensors, service providers, agents, officers, or directors, liable, in any way, for any possible damages including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising or resulting from the use of this website, the services, its contents or related to it, or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if they are advised of the possibility of such damages, losses or expenses.
11.4 Nothing in these terms of use shall exclude or limit (i) our liability in case of death or personal injury resulting from our negligence; (ii) our liability in case of fraud, fraudulent misrepresentation or gross negligence; and/or (iii) any other liability that cannot be excluded or limited by applicable law.
12. Indemnity
12.1 To the extent permitted by applicable law, you agree to indemnify and hold Vitisha, and each of its parents, subsidiaries and affiliates, and their respective officers, directors, shareholders, legal representatives, attorneys, agents, partners, employees and successors and assigns, harmless from and against any damage, loss, liability, claim, demand, cost, penalty, or expense (including reasonable attorneys' and professionals’ fees and court costs) arising out of or relating to your use of the Website, including, but not limited to, any Submissions to make to us, or any breach by you of these Terms of Use.
12.2 We reserve the right to assume and delegate the exclusiive defence and control of any claims, demands and actions arising in connection with this indemnity and you agree to cooperate with gucci and its designees defence of these claims, demands and actions.
13. Applicable Law and Construction; Jurisdiction; Arbitration
13.1 These Terms of Use and any non-contractual obligations arising out of or in relation to the Terms of Use shall be governed by and will be interpreted in accordance with Indian laws (without regard to its conflict of law provisions), except otherwise provided under mandatory local legislation of your place of residence. All disputes arising out of or relating to these Terms of Use or any non-contractual obligations arising out of or relating to the Terms of Use shall be submitted to the exclusive jurisdiction of Indian courts or the jurisdiction of the courts of your place of residence, if so provided under the applicable law.
Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising out of or relating to these Terms of Use or the breach, termination or validity thereof, and/or the relationships which result from these Terms of Use (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto) (collectively, a "Claim") WILL BE RESOLVED, UPON THE ELECTION OF VITISHA, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the Indian Arbitration Association. Further, User will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Each party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. The only Claims excluded from this arbitration provision are claims for which mandatory arbitration would be invalid as a matter of applicable law. As a result, this submission of disputes to arbitration at Vitisha’s election may not apply to you or your jurisdiction.
In the event of any Claim, the prevailing party shall be entitled to additionally recover reasonable legal expenses and costs, including attorney’s fees, from the other party.
13.2 The headings used in this agreement are for reference purposes only and do not have contractual or binding effect.
13.3 If any provision herein is held invalid or unenforceable for any reason, the remaining provisions of these Terms of Use will not be affected. In such event, the invalid or unenforceable provision will be replaced by a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading under the law consistent with the intention of the invalid or unenforceable provision.
13.4 The terms and conditions set forth herein constitute the entire agreement and understanding between the User and Vitisha with respect to the subject matter set forth in the Website and/or Services and supersede all prior or contemporaneous communications or proposals, whether written or oral, and supersede all contrary representations contained in the Website and/or Services, including but not limited to any statements of policy or answers to frequently asked questions.
13.5 Vitisha’s waiver of any provision of these Terms of Use, failure to insist on strict performance of any term herein or failure to take advantage of any of its rights with respect will not operate to excuse performance or waive any such right to require strict performance at any future time.
14. Privacy
14.1 Before uploading or providing any personal data to this Website, please read carefully the Privacy Policy, which is available by clicking here.
15. Notice and Takedown Procedures
15.1 If you believe any Submissions accessible on or from the Website infringes your copyright, you may request removal of those materials (or access thereto) from this Website by contacting Vitisha and providing the following information:
(i) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
(ii) Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission.
(iii) Your name, address, telephone number, and (if available) email address.
(iv) A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law.
(v) A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative.
(vi) A signature or the electronic equivalent from the copyright holder or authorized representative.
15.2 Our email address for copyright issues relating to this Website is as follows:
Attn: Intellectual Property Dept.
15.3 In an effort to protect the rights of copyright owners, Vitisha maintains a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers.