Return Policy Asim Jofa

RETURN POLICY ASIM JOFA

1. Document Preamble & Recitals

THIS RETURN POLICY AGREEMENT (hereinafter referred to as the "Agreement" or "Policy") is entered into and made effective as of [Effective Date] (the "Effective Date"), by and between:

ASIM JOFA (PRIVATE) LIMITED (or its authorized corporate affiliates, subsidiaries, and online retail distribution entities), having its principal place of business at [Company Address] (hereinafter referred to as the "Vendor", "Company", or "Asim Jofa"), and

[Customer/Purchaser Name], an individual / [Corporate Entity Type] having a residential or registered address at [Customer Address] (hereinafter referred to as the "Customer" or "Purchaser").

Recitals

WHEREAS, the Vendor designs, manufactures, distributes, and retails luxury apparel, unstitched fabric, ready-to-wear collections, and associated fashion accessories globally through its official retail channels and e-commerce platform; and

WHEREAS, the Customer has purchased, or intends to purchase, certain merchandise from the Vendor, and desires to establish the exclusive terms, conditions, procedures, and limitations governing the return, exchange, and refund of such merchandise; and

WHEREAS, both Parties intend for this Policy to constitute a legally binding contract governing all post-sale merchandise adjustments, superseding all prior informal representations, marketing materials, or verbal understandings;

NOW, THEREFORE, in consideration of the mutual covenants, promises, and payments hereinafter set forth, and for other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the Parties agree as follows:

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2. Operational Definitions

For the purposes of this Agreement, the following terms shall have the meanings ascribed below, and such definitions shall apply equally to the singular and plural forms of the terms defined:

1. "Business Day" means any calendar day, excluding Saturday, Sunday, and any official public or statutory holidays observed in the jurisdiction of [Jurisdiction].
2. "Defective Merchandise" means any Product that exhibits a genuine manufacturing flaw, structural tear, hardware failure, or material discrepancy from the verified product description at the time of delivery, expressly excluding variations arising from natural fabric characteristics or standard digital screen color discrepancies.
3. "Eligible Product" means any Merchandise that complies in all respects with the return criteria set forth in Section 3 of this Agreement, specifically including items that are unwashed, unworn, unaltered, free from any odors or cosmetic stains, and bearing all original designer tags, barcodes, and security ribbons intact.
4. "Merchandise" or "Product" means any item of apparel, textile, unstitched fabric, footwear, or accessory purchased directly by the Customer from Asim Jofa’s official sales channels.
5. "Non-Returnable Product" means any custom-stitched attire, discounted or final sale item, promotional clearance merchandise, customized or altered garments, and innerwear or cosmetics designated as non-returnable at the point of sale.
6. "Return Period" means the strict temporal window of [Number, e.g., 7 / 14] calendar days commencing immediately upon the verified date of delivery to the Customer’s designated shipping address.
7. "RMA (Return Merchandise Authorization)" means the unique tracking and validation number issued by Asim Jofa customer support authorizing the physical transit of returned merchandise back to the designated sorting facility.

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3. Substantive Terms & Obligations

3.1 Scope and Applicability of Return Rights

The return, exchange, and refund rights detailed herein apply exclusively to Products purchased directly from Asim Jofa’s official e-commerce website, mobile applications, and designated flagship retail outlets. Products acquired through unauthorized third-party resellers, secondary marketplaces, or unauthorized liquidators are strictly excluded from this Policy and shall not be processed, refunded, or exchanged by the Vendor.

3.2 Customer Performance Metrics and Obligations

1. Inspection Duty: The Customer shall inspect all received Merchandise within forty-eight (48) hours of physical delivery and immediately notify the Vendor of any visible defects, transit damage, or incorrect item fulfillments.
2. Initiation of Return: To initiate a valid return, the Customer must submit an official return request via the Vendor’s online portal or customer support email within the Return Period. Failure to initiate a request within the Return Period shall result in the permanent forfeiture of all return and exchange rights.
3. Condition of Return: The Customer warrants that any Product returned under this Policy shall be in its pristine, original factory condition, complete with all original designer labels, price tags, embroidered patches, and promotional accessories attached. Items returned missing tags, or showing evidence of wear, dry cleaning, washing, alterations, or exposure to perfumes, deodorants, or smoke, shall be summarily rejected.

3.3 Vendor Performance Metrics and Processing

1. RMA Issuance: Upon receipt of a compliant return request, the Vendor shall issue an RMA number and return shipping instructions within three (3) Business Days.
2. Inspection and Valuation: Upon physical receipt of the returned Merchandise at the Vendor’s designated inspection facility, Asim Jofa’s quality assurance team shall execute a comprehensive inspection within five (5) Business Days to verify compliance with Section 3.2(3).
3. Refund or Exchange Fulfillment:
   • If approved, the Vendor shall, at the Customer's election and subject to stock availability, either issue a store credit, process an item exchange, or execute a monetary refund to the original payment instrument, minus any non-refundable shipping, handling, or restocking fees amounting to [Dollar Amount or Percentage].
   • Monetary refunds shall be processed and credited to the Customer's financial institution within [Number, e.g., 14-21] Business Days following final quality approval.

3.4 Risk of Loss and Shipping Costs

The Customer shall bear all financial and operational risks associated with the return transit of Merchandise, including shipping costs, insurance, and tracking responsibilities, unless the return is necessitated by verified Defective Merchandise or an operational fulfillment error on the part of Asim Jofa. Uninsured returns lost in transit shall remain the sole liability of the Customer.

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4. Default, Termination, and Remedies

4.1 Classification of Breach

A breach of this Agreement shall occur if either Party fails to perform, observe, or comply with any material covenant, term, or condition contained herein. Specific breaches include, but are not limited to:

1. The Customer attempting to return Non-Returnable Products or fraudulent, worn, or intentionally damaged Merchandise.
2. The Vendor failing to issue authorized refunds or exchanges within the stipulated timeframes without legal justification.
3. Fraudulent chargeback initiations by the Customer in direct contravention of the binding return procedures set forth in this Policy.

4.2 Notice and Cure Period

In the event of an alleged material breach of this Agreement, the non-defaulting Party shall provide written notice specifying the exact nature of the default. The defaulting Party shall have a strict cure period of thirty (30) Business Days from the date of receipt of such notice to rectify the default and restore full performance.

4.3 Legal Recourse and Remedies for Breach

Should a breach remain uncured upon the expiration of the thirty (30) Business Day cure period, the non-defaulting Party may pursue all available legal and equitable remedies, including:

1. Immediate revocation of pending return or exchange privileges.
2. Institution of legal proceedings to recover outstanding financial balances, restocking fees, and documented administrative expenses.
3. Recovery of reasonable legal fees, expert witness costs, and court expenses incurred in the enforcement of this Agreement.

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5. Boilerplate Legal Provisions

5.1 Severability

If any provision, clause, or section of this Agreement is held to be invalid, illegal, or unenforceable by a court or arbitral tribunal of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. The remaining provisions of this Agreement shall remain in full force and effect and shall not be affected, impaired, or invalidated.

5.2 Entire Agreement

This Agreement, together with any incorporated sales invoices and RMA documentation, constitutes the entire, final, and exclusive understanding between Asim Jofa and the Customer regarding the return, refund, and exchange of Merchandise. This Policy supersedes all prior and contemporaneous oral or written agreements, negotiations, representations, or understandings between the Parties.

5.3 Force Majeure

Neither Party shall be held liable for any failure or delay in fulfilling the terms of this Agreement if such failure arises from acts of God, flood, fire, earthquake, explosion, war, terrorism, epidemics, pandemics, government sanctions, civil unrest, utility failures, or any other extraordinary event beyond the reasonable control of the affected Party (a "Force Majeure Event"). The time for performance shall be extended for a period equal to the duration of the Force Majeure Event.

5.4 Governing Law

This Agreement, and all claims, disputes, or controversies arising out of or relating to it—whether in contract, tort, or statute—shall be governed by, construed, and enforced in accordance with the substantive laws of [Jurisdiction], without regard to its conflict of law principles.

5.5 Dispute Resolution and Arbitration

Any dispute, controversy, or claim arising out of, relating to, or in connection with this Agreement, including its formation, interpretation, breach, or termination, shall be resolved exclusively through binding arbitration administered by [Arbitration Institution, e.g., AAA / LCIA] in accordance with its commercial arbitration rules. The place of arbitration shall be [City, State/Country], and the proceedings shall be conducted in the English language before a single independent arbitrator. The arbitral award shall be final, binding, and enforceable in any court of competent jurisdiction.

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6. Formal Execution Block

IN WITNESS WHEREOF, the Parties hereto have caused this Return Policy Agreement to be duly executed by their respective authorized representatives, officers, or agents, as of the Effective Date first written above. Each signatory warrants that they possess the requisite legal authority to bind their respective entity or person to all terms and conditions contained herein.

FOR: ASIM JOFA (PRIVATE) LIMITED (VENDOR)

Entity Name: ASIM JOFA (PRIVATE) LIMITED

Authorized Signatory Name: [Authorized Representative Name]

Title: [Title, e.g., Director of Operations / Legal Counsel]

Signature: ____________________________________

Date: [Date]

FOR: THE CUSTOMER / PURCHASER

Customer Name: [Customer Name / Corporate Entity Name]

Authorized Signatory Name (if corporate): [Signatory Name if applicable]

Title (if corporate): [Title if applicable]

Signature: ____________________________________

Date: [Date]