Terms and conditions

01About these terms

These Terms and Conditions govern your use of the website nuedwears.com and, where you buy from us, the supply of goods by NuedWears. Please read them before you enquire or place an order.

NuedWears is the brand name under which Unique Enterprises, a proprietorship firm registered in Kanpur, Uttar Pradesh, manufactures and supplies goods. Every reference to NuedWears, “we”, “us” or “our” in these terms means Unique Enterprises.

By using this website, sending us an enquiry, or placing an order with us, you accept these terms. If you do not accept them, please do not use the website or place an order.

Business name

NuedWears

Registered firm

Unique Enterprises (proprietorship firm)

Business

Manufacturer and wholesale supplier of women's innerwear (bras, panties and sets)

Factory & office

132/509 Hasnain Road, Munship Purwa, Kanpur, Uttar Pradesh 208023, India

GSTIN

09DEEPS7795F1ZQ

Phone / WhatsApp

+91 96256 56718

Email

enquiry@nuedwears.com

Website

nuedwears.com

02The nature of our business

NuedWears manufactures women's innerwear and supplies it on a wholesale, business-to-business basis to retailers, wholesalers, distributors, online sellers and private-label brands.

We do not sell to individual consumers for personal use, and this website is not an online shop. There is no cart, no checkout and no payment facility on this website. Nothing on this website is an offer to sell.

03Use of this website

You may view, download and print pages of this website for the purpose of evaluating us as a supplier and dealing with us.

You may not:

• Copy, reproduce or republish our content for commercial purposes without our written permission
• Use our product photographs, factory photographs or written content on your own website, marketplace listing or catalogue without our written permission
• Attempt to gain unauthorised access to this website or to any server or system connected to it
• Use this website in any way that breaches the Information Technology Act, 2000 or any other applicable law
• Introduce any virus, malicious code or automated scraping tool

We try to keep this website accurate and available, but we do not guarantee that it will be uninterrupted or free of errors, and we may change or withdraw any part of it without notice.

04Intellectual property

All content on this website, including text, layout, design, photographs, graphics and our name and logo, is owned by NuedWears or used by us with permission, and is protected under the Copyright Act, 1957 and the Trade Marks Act, 1999.

Nothing on this website grants you any licence or right to use our name, logo or trade marks. Our product designs, patterns, blocks and technical specifications remain our property at all times, including where we develop a design in the course of a private-label order, unless we agree otherwise in writing.

05Enquiries and quotations

When you send us an enquiry, we will contact you with pricing and product details based on the quantity, packing and branding you describe.

Unless we state otherwise in writing:

• A quotation is valid for 15 days from its date
• A quotation is not an offer capable of acceptance, and does not oblige us to supply
• Prices quoted are subject to change if your quantity, specification, packing, fabric or delivery requirement changes
• Prices quoted are subject to the availability of fabric, trims and production capacity at the time you confirm

06Orders and order confirmation

An order becomes binding only when we issue a written order confirmation or proforma invoice accepting your order, and you have made any advance payment stated in it.

The order confirmation or proforma invoice will record the agreed particulars for that order, which prevail over anything on this website. These include:

• The designs, sizes, colours and quantities
• The agreed price and applicable taxes
• Packing and any private-label branding requirement
• Payment terms
• The expected dispatch period
• The mode of dispatch and who bears freight

Minimum order quantity. We do not publish a fixed minimum order quantity. Quantities are discussed and agreed for each order, and depend on the design, fabric and branding involved. The agreed quantity is recorded in the order confirmation.

07Samples and approvals

Where you ask for a sample before bulk production, the sample is provided so that you can approve fit, fabric, shade, finish and branding.

Once you approve a sample in writing, including approval by WhatsApp or email, that approved sample is the standard for the bulk order. Bulk goods matching the approved sample cannot be rejected on grounds of design, shade, fit or finish.

Sample charges, and whether they are adjusted against a subsequent bulk order, are as stated when the sample is supplied.

08Prices, GST and taxes

Unless expressly stated otherwise, prices quoted by us are:

• Exclusive of Goods and Services Tax. GST is charged additionally at the rate applicable on the date of invoice
• Exclusive of freight, insurance, octroi, entry tax and other local levies, unless the order confirmation says freight is included
• Ex-works our Kanpur unit, unless the order confirmation states otherwise

If you wish to claim input tax credit, you must give us your correct GSTIN and registered billing name and address before we raise the invoice. We are not responsible for input tax credit lost because you gave us incorrect details or gave them after invoicing.

If the rate of GST or any other tax or duty changes between the date of the order and the date of dispatch, the rate applicable on the date of invoice will apply.

09Payment

Payment terms are agreed for each order and are stated in the order confirmation or proforma invoice. They may include an advance against order, a balance against dispatch or documents, or a credit period where we have agreed one with you in writing.

Unless the order confirmation says otherwise:

• Payment is to be made only to the bank account named on our invoice or proforma invoice
• Goods remain our property until we have received payment in full, even after delivery
• We may withhold dispatch of any order while any amount is overdue from you on any account
• Bank charges, if any, are on your account

10Private label and OEM orders

Where we manufacture goods carrying your brand, label, hang tag, packaging or artwork, you confirm and warrant that:

• You own, or are validly licensed to use, the brand name, logo, artwork and other intellectual property you supply to us
• The artwork and branding you supply do not infringe any third party's trade mark, copyright, design or other rights
• The labelling information you require us to print is accurate and complies with applicable law, including the Legal Metrology Act, 2009 and the Legal Metrology (Packaged Commodities) Rules, 2011, and any labelling requirements of the marketplace on which you sell

You agree to indemnify and hold us harmless against any claim, demand, penalty, loss or expense arising from a breach of these confirmations, including any third-party claim of infringement in respect of branding you supplied to us.

Branded labels, tags and packaging printed specifically for your order cannot be reused by us and are chargeable to you even if the order is later cancelled.

11Product variation and tolerances

Innerwear is manufactured from dyed knitted fabric on production machinery, and reasonable variation is inherent in the process. The following are normal and do not amount to a defect:

• Shade variation between dye lots, and between a sample and a bulk lot, within commercially accepted limits
• Measurement tolerance in garment measurements, within commercially accepted limits for knitted innerwear
• Minor variation in the appearance of lace, elastic and trims where a particular lot is not available
• Slight difference between the colour shown on your screen and the actual fabric, since screen calibration varies

Where an exact shade match across repeat orders is essential to you, tell us before the order is confirmed so that we can reserve fabric from a single lot. This may affect price and delivery.

12Delivery

Dispatch, freight, transfer of risk, transit times and claims for shortage or damage are dealt with in our Shipping and Delivery Policy, which forms part of these terms.

Dispatch periods given by us are estimates made in good faith and are not of the essence of the contract, unless we have expressly agreed a fixed delivery date in writing.

13Inspection, shortage and damage

You must inspect the consignment at the time of delivery.

• Visible damage or shortage in packages: record it on the transporter's or courier's delivery receipt at the time of delivery, and inform us the same day. A claim recorded on the delivery receipt is what allows the transporter's liability to be pursued
• Shortage inside a carton, or a manufacturing defect: inform us within 7 days of delivery, with the invoice number, photographs and the quantity affected
• Claims raised after 7 days of delivery may not be accepted, because the goods will by then have passed out of our control and out of the transporter's claim window

14Returns and replacement

Because we supply on a wholesale, business-to-business basis, goods are not returnable simply because you have changed your mind, because your customer did not buy them, or because the goods did not sell.

We will replace or issue credit for goods that are:

• Defective in manufacture, such as broken stitching, defective elastic or a defective hook
• Materially different from the sample you approved
• Short supplied against the invoice
• Wrongly supplied, such as a wrong design, size or colour against the order confirmation

The claim must be raised within the period set out above, the goods must be unused and unwashed with all tags and packing intact, and the goods must be returned only after we confirm the return in writing. Whether we replace the goods or issue a credit note is at our option.

15Cancellation

Once we have issued an order confirmation and started procurement or production, an order cannot be cancelled without our written agreement.

Where we agree to a cancellation, you remain liable for the cost of fabric, trims, branded labels, tags and packaging already procured or printed for your order, and for work already carried out.

16Force majeure

We are not liable for delay or failure to perform where it is caused by events beyond our reasonable control. These include fire, flood, power failure, machinery breakdown, shortage or non-availability of fabric or trims, labour disputes, transport disruption, epidemic or pandemic, riot, civil commotion, and any act, order or restriction of government.

Where such an event occurs, we will inform you and agree a revised delivery period with you.

17Limitation of liability

Our total liability in respect of any order is limited to the invoice value of the goods in question.

We are not liable for indirect or consequential loss, including loss of profit, loss of business, loss of an onward contract, marketplace penalties, storage charges or loss of goodwill.

Nothing in these terms excludes or limits any liability that cannot lawfully be excluded or limited under Indian law.

18Confidentiality

Designs, artwork, specifications, price lists and commercial terms exchanged between us are confidential and are not to be disclosed to any third party without written consent, except where disclosure is required by law.

This applies to both of us, and continues after the order is completed.

19Governing law and jurisdiction

These terms and any contract between us are governed by the laws of India, including the Indian Contract Act, 1872 and the Sale of Goods Act, 1930.

The courts at Kanpur, Uttar Pradesh have exclusive jurisdiction over any dispute arising out of or in connection with these terms or any order, and both parties submit to that jurisdiction.

Before commencing proceedings, both parties will attempt in good faith to resolve the dispute by discussion.

20Changes to these terms

We may revise these terms from time to time. The date at the top of this page shows when they were last revised. The version in force on the date of your order confirmation applies to that order.

21Contact and grievances

For any question, complaint or claim relating to an order or to these terms, contact us. We will acknowledge your complaint and work with you to resolve it.

Business name

NuedWears

Registered firm

Unique Enterprises (proprietorship firm)

Business

Manufacturer and wholesale supplier of women's innerwear (bras, panties and sets)

Factory & office

132/509 Hasnain Road, Munship Purwa, Kanpur, Uttar Pradesh 208023, India

GSTIN

09DEEPS7795F1ZQ

Phone / WhatsApp

+91 96256 56718

Email

enquiry@nuedwears.com

Website

nuedwears.com