GUESS? INDIA PRIVATE LIMITED

General Terms and Conditions of Using Website

Our General Terms and Conditions of using Website were last updated in January 2025.

Please read these terms and conditions carefully before using Our Service.

Preliminary information and contact details:

These General Terms and Conditions of using Website (hereinafter the "UTC") apply to all visitors, users, vendor, customers, etc. (hereinafter referred to as “User”) visiting and using the website www.guess.in owned and controlled by GUESS? India Private Limited which is a company duly incorporated and registered as per the Company Law and is governed by the laws of India, with its registered office at 972, 9th Floor, C/o Regus, Tower A, Spaze I Tech Park, Sohna Road, Sector 49, Gurugram - 122018 (hereinafter referred to as 'GUESS') and CIN: U51909HR2018FTC074281, which operates thee Offline Stores and online store www.guess.in in India.

The User is required to read these General Terms and Conditions of using Website, read them carefully and accept them. By accessing either directly or through the hyperlink, the website and/or purchasing something from the Company, You use our website and agree to be bound by the Terms and Conditions of Using the Website including those additional terms and conditions and policies referenced herein and /or available by hyperlink. These terms and conditions apply to all users of the website, including without limitation vendors, buyers, customers, merchants, browsers and/or contributors of content. You acknowledge and agree that the Website may use your personal information in the manner described in Our Privacy Policy which sets forth how information collected about you is collected, used, processed and stored.          

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

●“Account” means a unique account created for You to access our Service or parts of our Service.

●“Company” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to GUESS? India Private Limited

●“Country” refers to India

●“Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

●“Device” means any device that can access the Service such as a computer, a laptop, a cell phone or a digital tablet.

●“Service” refers to the Website

●“Terms and Conditions” (also referred as "UTC") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

●“Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

●“Website” refers to www.guess.in.

●“You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of the website and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the website.

Your access to and use of the website is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who visit, access or use the Service.

By visiting, accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, storage, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Age Restriction

You must be at least 18 years of age to use this Website, or any Service contained herein. By using, visiting this Website, you represent and warrant that You are at least 18 years of age and may legally agree to these terms and conditions. The Company assumes no responsibility or liability for any misrepresentation of Your age.

About the Site

The Website www.guess.in is an online store which carries out sales of the following:

Women Accessories, Clothing, Men Accessories, Watches, Sunglasses, Perfumes, Footwear, Luggage and others.

We reserve the right to refuse service or refuse to sell the products on the Website at our sole discretion to anyone for any reason at any time.

The Website does not screen or censor the users who register on and access the Website. You assume all risks associated with dealing with other users with whom you come in contact through the Website. You agree to use the Website only for lawful purpose without infringing the rights of or restricting the use of this Website by any third party.

License to Use Website

The Company may provide You with certain information as a result of Your use of the Website or Service. Such information may include but is not limited to, documentation, data, or information developed by the Company and other materials (hereinafter “Company Materials”) which may assist in Your use of the website. Subject to these Terms and conditions, the Company grants you non-exclusive, limited, non-transferable and revocable license to use Company Materials solely in connection with your use of the Website. The Company Materials may not be used for any other purpose and this license terminates upon cessation of use of the Website or service or at the time of the termination of these Terms and Conditions.

You agree not to collect the contact information of other users from the Website or download or copy any information by means of unsolicited access so as to communicate directly with them or for any reason whatsoever.

Any unauthorized use by you shall terminate the permission or license granted to you by the Website and you agree that you shall not bypass any measures used by the company to prevent or restrict the use of the Website.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms and Conditions, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

You agree that the Website and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets and other intellectual property (Company IP). You agree that the Company owns all rights, title, and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade name, service marks, without express written permission from the Company.

In order to make the Website and services available to You, You hereby grant the Company a royalty free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content You publish, upload or otherwise make available to the Website (Your content). The Company claims no further proprietary rights in Your Content.

If you feel that any of Your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of Our Users, please contact us and let Us know.

User Obligations

As a user of the Website, You may be asked to register with us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and services. You must not share such identifying information with any third party and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. The billing information You provide us, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of Your identifying information. Providing false or inaccurate information or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of these Terms and Conditions. The Owner reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

Acceptable Use

You agree not to use the Website for any lawful purpose or any purpose prohibited under this Clause and law governing the Country. You agree not to use the Website in any way that could damage the Website, Services or general business of the Owner.

You further agree not to use the Website:

-To harass, abuse, or threaten others or otherwise violate any person’s legal rights;

-To violate any intellectual property rights of the Owner or any third party;

-To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

-To perpetrate any fraud;

-To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;

-To publish or distribute any obscene or defamatory material;

-To publish or distribute any material that incites violence, hate or discrimination towards any group;

-To unlawfully gather information about others.

You are prohibited from using the Website or its content:

-For any unlawful purpose

-To solicit others to perform or participate in any unlawful acts

-To infringe on any third party’s intellectual property or proprietary rights, or rights if publicity or privacy, whether knowingly or unknowingly

-To violate any local, federal or international law statue, ordinance or regulation

-To harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability

-To submit false or misleading information or any content which is defamatory, libelous, threatening, unlawful, harassing, indecent, abusive, obscene, or lewd and lascivious or pornographic, or exploits minors in any way or assists in human trafficking or content that would violate rights of publicity and / or privacy or that would violate any law

-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 website or of any related website, other websites or the Internet

-To collect or track the personal information of others

-To damage, disable, overburden, or impair the Website or any party’s use of Website

-To spam, phish, pharm, pretext, spider, crawl or scrape

-For any obscene or immoral purpose

-To interfere with or circumvent the security features of the Website or any related websites, other websites or internet

-To personally threaten or has the effect of personally threatening other Users

We reserve the right to terminate Your use of the Website or any related websites for violating any of the prohibited uses. We reserve the full authority to review all content posted by Users on the Website. You acknowledge that the Website is not responsible or liable and does not control the content of any information that may be posted to the Website by You or other Users of the Website and you are solely responsible for the same You agree that You shall not upload, post, or transmit any content that you do not have a right to make available (such as intellectual property of another party).

You agree to comply with all applicable laws, statutes, and regulations concerning Your use of the Website and further agree that You will not transmit any information, data, text, files, links, software, chats, communication or other materials that are abusive, invasive of another’s privacy, harassing, defamatory, vulgar, obscene, unlawful, false, misleading, harmful, threatening, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation or encourage the use of controlled substances.

We may, but have no obligation, to monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms and conditions.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws in Your jurisdiction.

Communication

You understand that each time You use the Website in any manner, You agree to these Terms and conditions. By agreeing to these Terms, You acknowledge that You are interested in availing and purchasing the Services that You have selected and consent to receive communications via phone, electronic records from the Website including e-mail messages, telling You about products and services offered by the Website (or its affiliates or partners) and understanding your requirements. Communication can also be by posting any notices on the website. You agree that the communications sent to You by the Website shall not be construed as spam or bulk under any law prevailing in any country where such communication is received.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Spam Policy

You are strictly prohibited from using the Website or any of the Company’s services for illegal spam activities including gathering email addresses and personal information from others or sending any mass commercial emails.

Service Interruptions

The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Governing Law

This UTC, and any dispute arising out of the subject matter of this UTC, shall be governed by the laws of the India

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Any dispute or controversy arising out of this agreement and subject matter of this agreement shall be settled by mutually appointed Sole Arbitrator.

Severability and Waiver

Severability

In the event that any provision of these UTC is invalid, illegal or ineffective, this shall not result in the total nullity of these UTC. Any ineffective provision shall be replaced by another valid provision, taking into account the intention and content of said provision, within the scope and meaning permitted by applicable law.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website.

Contact details:

GUESS? India Private Limited

Address: 972, 9^th Floor, C/o Regus, Tower A, Spaze I Tech Park, Sohna Road, Sector 49, Gurugram – 122018

Mail id:  customercare.india@guess.eu

Phone:18002125667

Website: www.guess.in