Privacy Policy
You (“you” or “End User” or “your” or “Buyer” or “Customer”) are required to read and accept all of the terms and conditions
laid down in this Terms and Conditions (“Terms and Conditions” or “TERMS AND CONDITIONS” or “Terms” or “Agreement”) and the linked Privacy Policy, before you may use our website (hereinafter referred to as “Site” or “Bharti Aashna” or “we” or “our”). The Site allows you to browse, select, and purchase Clothing and Accessories (“Goods” or “Products” ).
These TERMS AND CONDITIONS are effective upon acceptance and govern the relationship between you and Bharti Aashna, a company incorporated under the Companies Act, 2013 (hereinafter the “Company”) including the sale and supply of any Products on the Site. If these TERMS AND CONDITIONS onflict with any other document, the TERMS AND CONDITIONS will prevail for the purposes of usage of the Site. If you do not agree to be bound by this TERMS AND CONDITIONS and the Privacy Policy, you may not use the Site in any way. For the purposes of these TERMS AND CONDITIONS the term ‘Acceptance’ shall mean your affirmative action in clicking on the ‘check box’ and on the ‘continue button’ as provided on the registration page or such other actions that imply your acceptance as well as usage of this Site.
In addition, if the revised version of this Agreement includes a Substantial Change, we will provide you with 30 days prior notice of such Substantial Change as per the Notification Preferences provided by you. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this Agreement. For the purpose of this Agreement, the term “Substantial Change” means a change to the terms of this Agreement that materially reduces your rights or increases your responsibilities.
Please read these terms and conditions carefully. These terms & conditions, as modified or amended from time to time, are a binding contract between the company and you. If you visit, use, or shop at the site (or any future site operated by the company, you accept these terms and conditions). In addition, when you use any current or future services of the company or visit or purchase from any business affiliated with the company, whether or not included in the site, you will also be subject to the guidelines and conditions applicable to such service or merchant. If these conditions are inconsistent with such guidelines and conditions, such guidelines and
conditions will prevail.
If these Terms and Conditions conflict with any other document, the Terms and Conditions will prevail for the purposes of
usage of the Site. As a condition of purchase, the Site requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. You can opt out of our promotional emails anytime by clicking the UNSUBSCRIBE link at the bottom of any of our
email correspondences. Please see our Privacy Policy for details. We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS/MMS sent to you. The offers made in those promotional emails or SMS/MMS shall be subject to change at the sole discretion of the Company and the Company owes no responsibility to provide you with any information regarding such change. By placing an order, you make an offer to us to purchase products you have selected based on standard Site restrictions, Merchant-specific restrictions, and the terms and conditions stated below. You are required to create an account in order to purchase any product from the Site. This is required so we can provide you with easy access to print your orders and view
your past purchases.
Description of Services
This Agreement sets forth the terms and conditions that apply to the use of the Site by the User. By using this Site, the User agrees to comply with all of the TERMS AND CONDITIONS hereof. The right to use the Site is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of their password(s), if any. The User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting
information on the Internet. While it is the Company’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and cknowledge that due to circumstances both within and outside of the control of the Company, access to the Site may be interrupted, suspended, or terminated from time to time. The Company shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use. Further, the Company may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics.
Your Account
India. You also agree to provide true, accurate, current, and complete information about yourself as prompted by the
Site's registration form. If you provide any information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, We have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password including cases when it is being used by any of your family members, friends, or relatives, whether a minor or an adult. You further agree to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account, whether by any family member, friend, relative, any third party, or otherwise shall not be entertained by the Company. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion.
Access to and use of password-protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Your Information (or any items listed):
"Your Information" is defined as any information you provide to us or other users of the Site in the registration
process, in the feedback area, bulletin board, chat service, etc., or through any e-mail feature. You are solely responsible for Your Information, and in accordance with certain features of the Site, we may only act as a passive conduit for your online distribution and publication of Your Information.
The text in the following paragraphs is inserted in accordance with the Information Technology (Intermediaries guidelines) Rules 2011. Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011 in case of non-compliance with rules and regulations, Agreement, and privacy policy for access or usage of intermediary computer resources, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of Intermediary and remove non-compliant information.
You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that: (a) belongs to another person and to which You does not have any right to; (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (c) harm minors in any way;(d) infringes any patent, trademark, copyright or other proprietary rights (e) violates any law for the
time being in force; (f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonate another person; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i)
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. (j) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other
suppliers;
The Site may provide Users with the ability to send email messages to other Users and non-users and to post messages on the Site. We are under no obligation to review any messages, information, or content (“Postings”) posted on the Site by users and assume no responsibility or liability relating to any such Postings. Notwithstanding the above, We may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings that violate the provisions of this Clause.
Solely to enable us to use the information you supply us with, you agree to grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your Information in accordance with this Agreement and/or our Privacy Policy.
Equipment
The User shall be responsible for obtaining and maintaining telephone, computer hardware, and other equipment needed for
access to and use of the Site and all charges related thereto. The Company shall not be liable for any damages to the User's equipment resulting from the use of the Site.
Colors
While we have made every effort to display as accurately as possible the colors of the products that appear on the Site, we cannot guarantee that your monitor or screen’s display of any color will be completely accurate, as computer monitors and screens of electronic devices vary.
Electronic Communications
When You use the Site or send emails or other data, information, or communication to us, You agree and understand that You
are communicating with us through electronic records and You consent to receive communications via electronic records from us periodically and as and when required. We will communicate with You by Email/SMS/Call or by an electronic record on our Site which will be deemed adequate service of notice / electronic record.
License and Site Access
We grant you a limited license to access and make personal use of the Site and the Service. This license does not include
any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site, and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications
equipment; any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may
not bypass any measures used by us to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by us.
Links
The Site or third parties may provide links to other World Wide Web sites or resources. Because we have no control over such Sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we 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 site or resource.
Pricing Information
We strive to provide you with the best prices possible on products and/or services you buy from us, however, we do not guarantee that the price will be the lowest in the city, region, or geography. Prices and availability are subject to change without any prior notice. The prices mentioned on the Site are not subject to comparison with the same or similar product(s) and/or service(s) available through any online or offline sale. The pricing is subject to our pricing policy and the prices shall be determined only at our sole discretion.
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we may, at our
discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that we accept your order, the same shall be debited to your credit card account. The payment may be processed prior to our dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.
Cancellation by Us
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole
discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, the said amount will be reversed back into your Card Account.
In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations as the products belong to the Made to Order store.
Fraudulent /Declined Transactions
We may constantly monitor the user’s account
in order to avoid fraudulent accounts and transactions. Users with more than
one account or availing our services fraudulently shall be liable for legal
actions under applicable law and we reserve the right to recover the cost of
goods, collection charges, and lawyers fees from persons using the Site
fraudulently. We reserve the right to initiate legal proceedings against such
persons for fraudulent use of the Site and any other unlawful acts or omissions
in breach of these terms and conditions. In the event of detection of any
fraudulent or declined transaction, prior to initiation of legal actions, We
reserve the right to immediately delete such account and dishonor all past and
pending orders without any liability. For the purpose of this clause, we shall
owe no liability for any refunds.
We as a merchant shall be under no liability
whatsoever in respect of any loss or damage arising directly or indirectly out
of the decline of authorization for any Transaction, on Account of the
Cardholder having exceeded the preset limit mutually agreed by us with our
acquiring bank from time to time.
Credit Card Details
You agree, understand, and confirm that the
credit card details provided by you for availing of services on the Site will
be correct and accurate and you shall not use the credit card that is not
lawfully owned by you, i.e. in a credit card transaction, you must use your own
credit card. You further agree and undertake to provide the correct and valid
credit card details to us. Further, the said information will not be utilized
and shared by us with any of the third parties unless required for fraud verifications
or by law, regulation, or court order. We will not be liable for any credit
card fraud. The liability for use of a card fraudulently will be on you and the
onus to 'prove otherwise' shall be exclusively on you.
Limitation of Liability
You expressly understand and agree that the
company and its subsidiaries, affiliates, officers, employees, agents,
shareholders, and licensors shall not be liable to you for any direct,
indirect, incidental, special, consequential or exemplary damages, including,
but not limited to, damages for loss of profits, opportunity, goodwill, use,
data or other intangible losses (even if the company has been advised of the
possibility of such damages), resulting from use of the site, sale and supply
of goods content or any related/unrelated services and other services offered
on the site from time to time.
Billing
The price of our merchandise is inclusive of
the taxes. The taxes charged shall depend upon the destination where the order
has to be shipped. The tax rate applied to the order will be the combined tax
rate for both state and local tax rates in accordance with the address where
the order is being shipped. We reserve the right to collect taxes for shipping
charges wherever applicable.
Duration of Sale
The merchandise is not restocked once sold
out. No information regarding the presence of any Product in our stock will be
given and we will alert you only when an item is sold out. We do not accept
returns or exchanges on the items you purchased in the festive offer/Sale.
Delivery
We endeavor but do not guarantee to deliver
the products to Users within 3-4 weeks from the day of the close of sale
depending upon the shipping location. Other factors include delays in delivery
through the courier partner, transporters’ strikes, etc. We reserve the right
to make delivery of the goods in installments. If the goods are to be delivered
in installments, each delivery will constitute a separate contract. You may not
treat the contract (as a whole) as repudiated if we fail to deliver any one or
more of the installments or if you have a claim in respect of any one or more
of the installments. If you fail to take delivery of the goods, we may at our
discretion charge you for the additional shipping cost.
For international deliveries, a porch or door
delivery without a signature is done. This is in line with international
standards of shipping. We do not require a signature for any goods delivered,
at which point responsibility for your purchased goods passes to you. If you
have specified a third-party recipient for delivery purposes (for example as a
gift) then you accept that evidence of a porch delivery at the address given
(or at that delivery address) is evidence of delivery and fulfillment by us of
our obligation. Also, an optional SMS with multiple delivery options is shared
by our delivery partner wherever the service is available. Choosing an option
is not mandatory, however, in the case, that a customer chooses a custom
delivery option, all liabilities of service/product delivery now would transfer
to the customer, and we will be absolved of responsibility, thus evidence of
delivery, and fulfillment by us of our obligation. Estimated delivery times are
to be used as a guide only and commence from the date of dispatch. We are not
responsible for any delays caused by third-party delivery agencies and/or due
to time required for statutory clearances during the delivery process.
Further, we may at times be unable to deliver
the confirmed order(s) to you and the reason for the same could be inclusive of
but not limited to the following:
(i) unavailability of the relevant product;
(ii) poor/improper/defective quality of the
relevant product ascertained through our quality audit process.
(iii) inaccuracies or errors in product or
pricing information. In the event of any circumstance(s) as aforementioned; you
shall not be entitled to any damages or monetary compensation.
In the event, that we are unable to deliver
the confirmed order(s) as mentioned hereinabove and the payment for such
order(s) has been made by you through your credit/debit card, the amount paid
by you while placing the order(s) on the Site will be reversed back in your
card account. No refunds shall be applicable on the orders made by the Users
under the Cash on Delivery (“COD”) option.
Trademarks
The trademarks, logos, and service marks
("Marks") displayed on the Site are our property and/or the property
of the respective persons. Users are prohibited from using any Marks for any
purpose whatsoever without our prior written permission or such third party
that may own the Marks. All information and content including any software
programs available on or through the Site ("Content") is protected by
copyright. Users are prohibited from modifying, copying, distributing,
transmitting, displaying, publishing, selling, licensing, creating derivative
works, or using any Content available on or through the Site for commercial or
public purposes.
The Site contains copyrighted material,
trademarks, and other proprietary information, including, but not limited to,
text, software, photos, video, graphics, music, sound, and the entire contents
of the Company protected by copyright as a collective work under the applicable
copyright laws. The Company owns a copyright in the selection, coordination,
arrangement, and enhancement of such content, as well as in the content
original to it. Users may not modify, publish, transmit, participate in the
transfer or sale, create derivative works, or in any way exploit, any of the
content, in whole or in part. Users may download/print /save copyrighted
material for the User's personal use only. Except as otherwise expressly stated
under copyright law, no copying, redistribution, retransmission, publication,
or commercial exploitation of downloaded material without the express
permission of the Company and the copyright owner is permitted. If copying,
redistribution, or publication of copyrighted material is permitted, no changes
in or deletion of author attribution, trademark legend, or copyright notice
shall be made. The User acknowledges that he/she/it does not acquire any
ownership rights by downloading copyrighted material. Trademarks that are
located within or on the Site or a website otherwise owned or operated in
conjunction with the Company shall not be deemed to be in the public domain but
rather the exclusive property of the Company, unless such site is under license
from the trademark owner thereof in which case such license is for the
exclusive benefit and use of the Company unless otherwise stated.
General
None of the provisions of this Agreement shall
be deemed to constitute a partnership or agency between you and the Company and
you shall have no authority to bind the Company in any manner whatsoever.
Except as explicitly stated otherwise, any notices shall be given to the email
address you provide to us during the registration process (in your case).
Notice shall be deemed given 24 hours after the email is sent unless the
sending party is notified that the email address is invalid. Alternatively, we
may give you notice by certified mail, postage prepaid, and return receipt
requested, to the address provided to us during the registration process. In
such case, notice shall be deemed given 3 days after the date of mailing.
If any clause of this Agreement shall be
deemed invalid, void, or for any reason unenforceable, such clause shall be
deemed severable and shall not affect the validity and enforceability of the
remaining clauses of the Agreement.
This Agreement sets forth the entire
understanding and agreement between you and the company with respect to the
subject matter hereof.
In the Company’s sole discretion, it may
transfer its rights and obligations (under this Agreement without your prior
express consent.
If you breach this Agreement, the Privacy
Policy, or the documents they incorporate by reference and we take no action
against you, we will still be entitled to use our rights and remedies in any
other situation where you breach the aforesaid.
The Company may terminate this Agreement at
any time. Without limiting the foregoing, the Company shall have the right to
immediately terminate any passwords or accounts of the User in the event of any
conduct by the User which the Company, in its sole discretion, considers to be
unacceptable, or in the event of any breach by the User of this Agreement.
Notwithstanding any other provisions of this Agreement or any general legal
principles to the contrary, any provision of this Agreement that imposes or contemplates
continuing obligations on a party will survive the expiration or termination of
this Agreement.
Arbitration
If any dispute arises between you and the
Company during your use of the Site or thereafter, in connection with the
validity, interpretation, implementation, or alleged breach of any provision of
this Agreement, and the Privacy Policy or the documents they incorporate by
reference, the dispute shall be referred to a sole Arbitrator who shall be an
independent and neutral third party identified by the Company. The place of
arbitration shall be Delhi. The Arbitration & Conciliation Act, 1996, shall
govern the arbitration proceedings. The arbitration proceedings shall be in the
English language.
Governing Law
This Agreement, and the Privacy Policy or the
documents they incorporate by reference shall be governed and construed in
accordance with the laws of India, with exclusive jurisdiction conferred on the
courts at Mumbai.
