Terms and Condition

OVERVIEW

 PLEASE READ THESE TERMS OF USE CAREFULLY. BY SIGNING UP TO AND/OR USING THIS PLATFORM AND OUR SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE BELOW TERMS AND CONDITIONS AND PRIVACY POLICY.

The website at www.everdrape.com (“Website”) is owned and operated by Everdrape Store LLP (“Everdrape”, “we”, “us”, “our” and their respective connotations). The Website is referred to as “Platform”.

These terms of service (“Terms”/ “Terms of Use”/ Terms & Conditions) describe the terms on which Everdape grants users of the Platform (“users”, “you”, “your” and their respective connotations) access to the platform, and should be read with the privacy policy available here https://everdrape.com/policies/privacy-policy (“Privacy Policy”).

Any new features, products or tools which are added to the platform  shall also be subject to the Terms & Conditions. You can review the most current version at any time on this page. We reserve the right to update, change or replace any part of the Terms & Conditions by posting updates to our website. It is your responsibility to check this page periodically for changes. Following the posting of any changes, the user’s continued use of or access to the Platform or Services from, constitutes acceptance of such revised Terms & Conditions.

We reserve the right to review and withdraw or amend the Services without notice. If you do not agree with its terms, kindly do not use this Website.

By agreeing to these Terms & Conditions, you represent at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. 

GENERAL CONDITIONS

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Terms & Conditions, violate any laws (including but not limited to copyright laws). 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The Company may, after reasonable assessment, restrict customer accounts exhibiting unusually high return rates, repeated delivery failures, or other usage patterns that materially impact operational efficiency.

The Company may, after reasonable assessment, levy a reasonable return processing fee on accounts exhibiting unusually high return activity, subject to prior disclosure at the time of return initiation.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

ACCOUNT

You must create an account and register yourself as a user in order to use the Services offered on the Platform. We will require your personal information, including but not limited to your name, date of birth, address, email ID, phone number, location, and card details. The use of all such personal information you provide to us (including during the registration process) is governed by our Privacy Policy.

The user agrees that the user shall be bound by these Terms by accessing the Platform. If the user does not accept these Terms, the user shall not open an account for availing of the Services or using the Platform.

ACCOUNT SECURITY

You shall be solely responsible for the confidentiality, safety and security of the user account opened by you. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account.

In case the password is lost/ stolen/ misplaced/ hacked/ no longer in your control, you shall promptly inform us. We will upon receipt of such information block the relevant account.

By creating an account, you represent to us that all information provided to us by you is true, accurate and correct, and that you will update your information as and when necessary, in order to keep it accurate.

You agree that you shall not (a) impersonate someone else, create or use an account for anyone other than yourself, (b) provide an email address other than your own, (c) create multiple accounts, or (d) provide or use false or misleading information.

You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your account for any purpose and that you will be liable for such unauthorized access.

By creating an account, you agree to receive certain communications in connection with the Platform and/or Services.

PAYMENT

We use third-party services for payment processing (e.g. payment processors). We will not store or collect your payment card details and the same are directly provided by you to our third-party payment processors, whose use of your personal data is governed by their respective privacy policies.

You shall provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize us to charge the amount incurred through your account to any such payment instruments.

By accepting the terms and conditions, the user consents to pay Everdrape the complete amount for the order placed by them from Everdrape. However, Everdrape does not control the amount charged to the user by their bank related to their purchase from Everdrape, to which Everdrape disclaims any liability in this regard.

PRODUCT SERVICES AND INFORMATION

Everdrape attempts to be as accurate as possible in the description of the product on the website. However, Everdrape does not warrant that the product description, colour, information or other content of the Platform is accurate, complete, reliable, current or error-free. The Platform may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product.

Everdrape reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the product or services.

CONTENT & COPYRIGHT POLICY

You understand that all information, images, pictures, data, text, music, sound, photographs, graphics, video, messages, or other materials (collectively, “Content”), whether publicly posted or privately transmitted, is the exclusive work of Everdrape.

Everdrape cannot always manually screen content before it is displayed on the Website, and occasionally members may inadvertently or deliberately submit and display content that breaches this Agreement. Inappropriate Content includes, but is not limited to, Content that

• infringes the copyright, trademark, trade secret, or other intellectual property rights, rights of publicity, rights of privacy, or other contractual rights of the company;
• defames or vilifies any person, people, races, religion or religious group;
• is inaccurate, illegal, defamatory, obscene, pornographic, vulgar, indecent, lewd, offensive, harassing, threatening, violent, harmful, invasive of privacy or publicity rights, abusive, inflammatory, insensitive, deceptive, false, misleading, fraudulent, or otherwise objectionable;
• promotes hatred, discrimination, bigotry, racism, harassment, violence, gambling or harm against any individual or group;
• violates, or encourages any conduct that would violate, any applicable laws, rules or regulations or give rise to any civil liability;
• contains any viruses, corrupted data or other harmful, disruptive or destructive files;
• restricts, interferes with or inhibits any other person from using or enjoying the Services;
• impersonates, or misrepresents your affiliation with, any person or entity;
• contains any unsolicited promotions, political campaigning, advertising or solicitations;
• contains all or any forms of misinformation or disinformation;
• threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign nations, or public order, or causes incitement to the commission of any cognizable offense, or prevents investigation of an offense, or is insulting other nations;
• in our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying Services; or

• that would otherwise expose us or any third party to liability, special regulations, or harm of any kind.

Everdrape shall in no way be held responsible for examining or evaluating the content, nor does it assume any responsibility or liability for the content.

ACCOUNT PRIVACY

You acknowledge, consent and agree that Everdrape may access, preserve, and disclose your account information and content if required to do so by law or in good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal processes; (ii) enforce the Terms of Use; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of Everdrape, its users, and the public.

By using services of  Everdrape, you agree to receiving promotional or information content relevant to Everdrape through the medium of SMS, Messaging Apps or Email. Once you place an order with us, you automatically get subscribed to our order related Whatsapp notifications.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to the Website, delay or remove hosted Content, and take technical and legal steps to keep users off the Website if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our Terms herein.

Everdrape also reserves the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time, without providing any prior notice, and at its sole discretion.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

EVERDRAPE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY OF SERVICE, AND FITNESS FOR A PARTICULAR PURPOSE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF DATA, LOSS OF PROFITS OR ANY KIND OF MISUSE (STATUTORY OR OTHERWISE) BY ANY OF ITS USERS, OR ANY OTHER INDIRECT DAMAGE OR CONSEQUENCE ARISING FROM OR IN RELATION TO THE USE OF THE SERVICES.

The Platform may contain inaccuracies and typographical and clerical errors and may involve or make use of advanced language models including generative AI. Everdrape expressly disclaims any obligation(s) to update this Platform or any of the materials available on this Platform. The Company does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Platform. You accept and agree that the content on this Platform is for informational purposes only and should not be construed as technical advice of any manner.

Except as provided above, there are no other warranties, conditions, or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by applicable law.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU IN RELATION TO THE SERVICES AND/OR PLATFORM.

YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

We do not accept liability for any losses arising directly or indirectly from a failure to provide any service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of service, or any transmissions by others in contravention of the registered members' obligations as set out in these Terms & Conditions.

You acknowledge that we may not be able to confirm the identity of other registered users or prevent them acting under false pretences or in a manner that infringes the rights of any person.

INTELLECTUAL PROPERTY RIGHTS

User acknowledges that it is obtaining the right to access the Platform, and that irrespective of any use of the words “purchase”, “sale” or like terms, in no case will any ownership rights be conveyed or be deemed to be conveyed to the user under these terms.

User agrees that Everdrape or its suppliers retain all rights, title, and interest (including all intellectual property rights) in and to the Platform, Services, all documentation, services deliverables, and any and all related and underlying technology and documentation and any derivative works, modifications or improvements of any of the foregoing (including but not limited to all texts, graphics, photos, illustrations, questionnaire content, logos), including Feedback (collectively, “Company Technology”).

You shall not copy, download, publish, distribute or reproduce any of the information contained on this Platform or social media in any form without the prior written consent of Everdrape. No rights in any Company Technology are granted to the User.

If you use any of our trademarks in reference to our products or services, you must include a statement attributing that trademark to us, and only after securing prior written permission from Everdrape to do so, which may be given, or refused, at its sole discretion, and subject to any terms or conditions it may deem fit. You must not use any of our trademarks in or as the whole or part of your own trademarks; in connection with activities, products or Services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products, and/or Services, or in a manner that implies any kind of any association/affiliation with Everdrape.

CANCELLATION,  REFUNDS AND RETURNS POLICY

Please refer to our cancellation, returns & refund policy provided on our website - https://everdrape.com/policies/refund-policy.

TERMINATION OF ACCOUNT

The Everdrape may terminate your access to all or any part of its Services at any time, with or without cause, with or without notice, effective immediately. You may terminate your use of the Services at any time. However, you shall continue to be bound by all provisions of these Terms of Use, which shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Everdrape will terminate your access to the site if you are determined to be, in Everdrape's sole discretion, a repeat infringer of the Content & Copyright Policy and/or these Terms of Use.

Everdrape may, but shall not be obligated to, give you one warning if you have violated these Terms of Use prior to termination of your account.

INDEMNIFICATION

You hereby agree to indemnify and keep indemnified Everdrape against all damages, liabilities, costs, expenses, claims, suits and proceedings (including reasonable attorney’s fee) that may be suffered by Everdrape because of (i) violation of these Terms of Useby you; (ii) violation of applicable laws; (iii) wilful negligence or misconduct on your part in dealing with the Platform.

SEVERABILITY

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

WAIVER

If Everdrape does not exercise a right under these Terms of Use, such non-exercise shall not constitute a waiver of such right. Waiver of any right, remedy or breach of any subject matter contained in these Terms & Conditions shall not be viewed as a waiver by Everdrape, unless specifically agreed by Everdrape in writing.

FORCE MAJEURE

Everdrape shall not be liable for any delay or failure of performance in respect of obligations under these Terms, caused by events beyond the reasonable control of Everdrape, including but not limited to acts of God, wars, insurrections, riots, sabotage, passing or repealing of any law, ordinance, direction, or order by any governmental, statutory, regulatory, or judicial authority, and/or any such event.

ASSIGNMENT

Everdrape is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, You are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

ENTIRE AGREEMENT

These Terms read along with our Privacy Policy constitute the entire agreement between Everdrape and You in relation to Your use of this Platform and supersede all prior agreements and understandings between the parties.

GOVERNING LAW & JURISDICTION

The Platform and/or the Services are controlled, hosted, and operated from India.

This Agreement will be governed by the laws of India without regard to conflicts of law provisions thereof. All disputes relating to or arising out of this Agreement shall be resolved in the courts located in Thiruvananthapuram, and the parties hereby consent to the jurisdiction of such courts.

FRAUDS, IMPERSONATION & SCAMS

Everdrape is not affiliated, associated, endorsed by, or connected in any manner with any fraudulent, deceptive, or unauthorized websites, mobile applications, social media pages, marketplace listings, or other points of sale that imitate, misuse, or falsely represent the Everdrape name, branding, products, logos, creatives, or business identity.

Customers are strongly advised to exercise their own independent and prudent judgment before making any purchase, payment, or sharing personal information, and to verify that they are interacting only with our official and authorized sales channel.

For the avoidance of doubt, Everdrape operates only one official point of sale, namely its website: https://everdrape.com.

Any other website, page, link, seller, or communication channel claiming to represent Everdrape should be treated as unauthorized unless expressly confirmed by us through our official website.

Everdrape does not initiate unsolicited phone calls, WhatsApp messages, SMS communications, or any other direct outreach to customers for the purpose of:

• requesting OTPs, UPI PINs, or card details
• initiating refunds
• collecting additional payments
• sales or marketing promotions
• account verification
• order confirmation outside official channels
• any similar payment or account-related matter

If you receive any such call, message, payment request, or communication purporting to be from Everdrape, you are advised to exercise extreme caution, refrain from sharing any confidential financial or personal information, and discontinue the interaction immediately.

Any action taken in response to such fraudulent communications shall be at the customer’s own discretion and risk.

Customers are encouraged to promptly share the suspicious phone number, email address, payment link, or other relevant details with our official support team so that the matter may be escalated to the appropriate payment partners, cybercrime authorities, telecom service providers, or law enforcement agencies for necessary action.

Everdrape shall bear no responsibility or liability for any loss, damage, unauthorized transaction, or disclosure of information arising from customer interaction with fraudulent third-party websites, sellers, or impersonation-based scam communications not originating from its official website.

CONTACT

If You have any questions about these Terms, please contact Us by email or postal mail at the following address:

Email: contact@everdrape.com