Terms of Service

OVERVIEW

 This website is operated by SHERWANI KING. Throughout the site, the terms “we”, “us”, “our”, and “SK” and Sherwani king refer to SHERWANI KING LTD. SHERWANI KING offers this website, located at SHERWANIKING.COM (the “Site”) including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or renting/purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. These terms may have changed since you last accessed or used the services. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age 18, or that you are the legal adult age in your country of residence and you have given us your consent to allow any of your dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
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 headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – HIRE AND PURCHASES OF PRODUCTS
5.1- GENERAL RENTAL ADULT AGREEMENT.
This Agreement contains all the terms and conditions governing Your rental of Products from SK via the Website from time to time. You agree that Your general use of our Website, other than rental orders as set forth in this Agreement, is subject in all respects to our Website Terms and Conditions of Use available at Terms & Conditions and Privacy Policy at Privacy, as such terms may change from time to time. No other terms or conditions (preprinted or otherwise) shall have any force or effect. You agree and acknowledge that You are renting the Products and that ownership of the Products remains with SK at all times. Our Products may be rented for use by individuals under 18 years of age, but we rent only to adults, who may pay with a credit card or other approved payment method. If You are under 18 years of age, You may accept these terms and conditions and order Products only with involvement and approval of Your parent or legal guardian.
5.2- RENTAL FEES; CREDIT CARD AUTHORIZATIONS; CANCELLATIONS.
The rental fee (“ Fee”) for the Products will be the rental fee, insurance charges and delivery charges listed on the Website in connection with Your rental of the Products. Upon Your order for a Product, You hereby authorize us to charge Your credit card for the Rental Fee. We will charge Your credit card the amount of the Rental Fee immediately upon Your rental order.  We will not release the Product until full payment has been made. A reservation of a Product on our Website is an order for the rental of that Product, regardless of how far in advance that Product is reserved. In addition, at the time of Your order of a Product, You hereby authorize SK to charge Your credit card for the entire original retail value of that Product (when new) set forth on the Website, plus VAT (“Retail Value”); provided that we will only charge the Retail Value in the circumstances set forth in Section 4 below. You may cancel Your rental order for Products at least seven (7) days prior to the ordered delivery date, subject to the following cancellation fees: (i) for cancellations that are thirty (30) or more days in advance of such delivery date, full refund is given and (ii) for cancellations that are less than thirty (30) days in advance of such delivery date, a full merchandise credit is given that can be applied to a future purchase from SK. Exclusions may apply to orders placed at SK showrooms
5.3- OUR COMMITMENTS TO YOU.
  • Delivery to You. We will deliver the Products You ordered, including the specified size, colour and design before the date for which You ordered them, except to the extent we informed You in connection with Your order that the specific Product was not guaranteed. Products may appear different in colour and style than the photos displayed on our Website. Our liability to You for failure to deliver the Product as ordered is limited to the timely delivery of Product as ordered or a refund of the Rental Fee (excluding insurance and delivery charges) as determined by us. See Section 5(b) below.
  • Return of Unworn Products Due to Size. If Your Product does not fit You, then You may return the Product to us within 24 hours of the date you received the Product by contacting us via email or phone and returning the Product in conformance with the return procedures in Section 4(b) below (a “Sizing Return”). We will then issue you a credit for the full Rental Fee (less delivery charges) of the Product for a future rental by You of our Products, so long as the Product, in our sole discretion, has not been worn.
  • Delivery; Clean and Ready to Wear. Your Products may be ordered and couriered to You on the next day for certain orders placed by 2 p.m, subject to the additional delivery charge set forth on the Website. All deliveries will be through SK’s shipping partners, which may change from time to time at the Company’s discretion. The shipping method used will be at the discretion of SK. Under some circumstances the Products can be delivered to you until 8:00 pm on the day before your event date. The Products will be professionally cleaned and delivered ready to wear. We dry clean and inspect each product with the utmost care, but use of the product is at your own risk and SK shall not be held liable for any health-related complaints associated with a product rented from our site.
  • Return Packaging. With delivery of the Product, you have the option to order retrun shipping which when ordered, we will provide You with a pre-paid, pre-addressed box and packaging as well as instructions for Your use in returning the Products to SK (“Return Packaging”).
  • On our Website, we offer various Services to assist You in selecting a Product. Our Services are provided “AS IS” without guarantee as to results
5.4- YOUR COMMITMENTS TO US; PAYMENT OF RETAIL VALUE.
  • Receipt of the Products. Upon delivery, You bear responsibility for the Product(s) at all times. If however, You opt to have Your Products delivered by next day courier service, You agree to bear responsibility for receipt of Products shipped to the location specified at time of check out. It is your sole responsibility to provide a Secure Shipping Address (defined herein). A Secure Shipping Address is a location where an individual can physically receive Product(s). In the event that an unsecure shipping address is provided, You are liable for Products left unattended. Furthermore, You agree  that SK will not be held liable for delivery delays and additional delivery fees incurred due to the provision of an unsecure delivery address.  You will be held liable in such instance and indemnify SK against any loss or damage to the Product.
  • Use of the Products. You agree to treat the Products with great care, as if it was borrowed from one of Your close friends. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stain, stuck zippers or other minor damage that does not deem the Product unwearable for future use. If You return a Product that is damaged beyond normal wear and tear, then You agree that we shall charge You, and You shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the full Retail Value for the Product.
  • Return of the Products; Extensions. You agree to return the Products to SK in the optional Return Packaging on the date set forth on the Website in connection with Your order. You may also be sent an email notification to confirm the collection details. You may extend Your order for a Product on the Website or by phone to SK; provided that any such extensions do not interfere with other orders for that Product and that You authorise pre-payment of the additional Rental Fee applicable to that Product for the period of time of the extension. Return of the Product will be accomplished by You following the instructions provided with the Return Packaging. If You return the Products late or not at all, a late fee of £25 per day will be charged to You for every day that you are late on top of the initial rental fee already charged, and You agree to pay such additional fees. If You lose the Return Packaging, You will be responsible for returning the item at your own expense by the expected return date, and providing SK with a tracking number.
  • Payment of Retail Value. We will not charge You for more than the Retail Value plus the Rental Value, in the aggregate, for any charges arising under this Section 4, excluding collection costs. If You pay us the full Retail Value under this Section 4 and You still possess the Product, the Product is Yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any charges for the Retail Value pursuant to this Section 4.
  • If You do not pay the amounts You owe to us when due, then we will need to institute collection procedures. You agree to pay our costs of collection, including without limitation reasonable legal fees.
  • Lost Property – It is your responsibility to ensure that all personal items are removed from the Products prior to the return. SK accepts no responsibility or liability for any personal items returned in error with the Product.
  • Refusal of Services. We reserve the right to terminate your right to rent or purchase Products from us at any time in the event of Your breach of this Agreement or for no reason or any other reason in our discretion.
  • We will use the preferences and orders You provide on our Website to send You e-mails and other marketing materials for other Products. You may opt out of receiving those e-mails by contacting us or following the links provided at the bottom of those e-mails when available.

5.5-  PURCHASES

The following additional conditions apply to the sale of any Product on the Site.

  • Products are Used.  You acknowledge and agree that only those Products designated by us on the Site as available for purchase are eligible for purchase by you.  The vast majority of products for sale have been previously rented or purchased by other customers and are not new. SK will professionally clean and inspect the Products before they are delivered to you. All Products are sold on an “AS IS” basis, without any warranty whatsoever and all Product sales are final.
  • Purchase Price. The purchase price (“Purchase Price”) for the Products will be the Retail Price and delivery charges listed on the Site or App in connection with your purchase of the Products. Upon your purchase order for a Product, you hereby authorize SK to charge your payment card for the Purchase Price. We will charge your payment card the amount of the Purchase Price immediately upon your purchase order.  Purchase Prices excludes customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by SK, shall be paid by you to SK in connection with your purchase order.  Purchase orders are final and cannot be cancelled. 

5.6-  ORDERS PLACED AT SHERWANI KING SHOWROOM LOCATIONS

The following conditions apply to the sale or rental of items hired or purchased at Sherwani King Showroom Locations:

  • Any discounts, special provisions and advice provided at showrooms is completely at the discretion of Sherwani King Ltd and are to be kept in strict confidence by you.
  • Sherwani King will own all licenses and publishing rights to any digital photography, video and other content created within its premises
  • Within 14 days of order placement, any purchases can be exchanged for a alternative item provided it is, upon our discretion, returned in an unused and unworn condition.
  • For Hire and Purchase bookings, All sales are final and cannot be cancelled or refunded once the order has been processed.
  • The Hire Start date can be amended to a date within 12 months of the original booking date. No amendments are accepted less than 7 days prior to the booking date.
  • A £25 re-stocking fee will apply to all exchange and booking amendments. If the product type is amended then the difference in retail value of the products (if any) from the original value of the booking will be payable upon amendment. No credit will be issued for bookings for a value lower than the original purchase or booking value.
 SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of service
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - INTELLECTUAL PROPERTY 

The Services, including the content here in SHERWANIKING.COM, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of SK and its affiliates and licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any SHERWANIKING.COM content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of SHERWANIKING.COM.

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 - ACCEPTABLE USE POLICY
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall SK, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless SK and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 - TERMINATION 
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws England and Wales, United Kingdom.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 - ARBITRATION
This section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity
1. Informal Process First
You agree that in the event of any dispute between you and SK, you will first contact SK and make a good faith effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
2. Arbitration
If you are still dissatisfied with your resolution, you will be able to contact your Alternative Disupte Reslution.(ADR) body who will provide you support and guidance on your best course for resolution.