Terms and Conditions


You (meaning “you”, “End User”, “Buyer” or “Customer”) are required to read and accept all of the terms and conditions laid down in this Terms and Conditions document (“Terms and Conditions” or “TERMS AND CONDITIONS” or “Terms” or “Agreement”) and the linked Privacy Policy, before you may use the www.aainabysanchari.in website (hereinafter referred to as “Site” or “M/S Aaina” or “we” or “our”). The Site allows you to browse, select, and purchase Clothing and Accessories (“Goods” or “Products” or “Services”). In addition, when you use any current or future www.aainabysanchari.in service or visit or purchase from any business affiliated with www.aainabysanchari.in, whether or not included in the www.aainabysanchari.in website, you will be subject to the guidelines and conditions applicable to such service or business.

Privacy

Please review our Privacy Policy, which also governs your visit to www.aainabysanchari.in, to understand our practices.

Electronic Communications

When you visit www.aainabysanchari.in or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of www.aainabysanchari.in or its content providers. The compilation of all content on this site is the exclusive property of www.aainabysanchari.in. All software used on this site is the property of www.aainabysanchari.in or its software providers.

Trademarks

Your use of www.aainabysanchari.in and its contents grants no rights to you in relation to any copyright, designs, trademarks and any other intellectual property and material rights, including aainabysanchari.in's Software and all HTML and other code contained in this Site. Any violation of our trademarks will be liable for legal action.

Site Access

www.aainabysanchari.in grants you limited permission to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it. This permission does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of M/S Aaina.

You may not use any proprietary information (including images, text, page layout, or form) from www.aainabysanchari.in and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing www.aainabysanchari.in's name or trademarks without the express written consent of www.aainabysanchari.in. Any unauthorized use terminates the permission granted by www.aainabysanchari.in. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.aainabysanchari.in so long as the link does not portray www.aainabysanchari.in, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any www.aainabysanchari.in or other proprietary graphic or trademark as part of the link without express written permission. 


Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. www.aainabysanchari.in and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.

 

Reviews, comments, communications, and other content

Visitors may post reviews, comments, and other content to the extent allowed by www.aainabysanchari.in website; send e-Gift Certificates and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. www.aainabysanchari.in reserves the right (but not the obligation) to remove or edit such content, but may not regularly review posted content. It is thus the primary responsibility of the user to judge the nature and the appropriateness of the content before posting it on the website.

If you do post content or submit material, and unless we indicate otherwise, you grant www.aainabysanchari.in a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. You grant www.aainabysanchari.in and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify www.aainabysanchari.in or its affiliates for all claims resulting from the content you supply. www.aainabysanchari.in has the right but not the obligation to monitor and edit or remove any activity or content. www.aainabysanchari.in takes no responsibility and assumes no liability for any content posted by you or any third party.

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 further details. 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 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 subject to 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

Risk of loss

All items purchased from www.aainabysanchari.in are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.


Sizing

The fit of our clothing depends on the cut, fabric, and style of each garment. Some garments are designed to have a looser, relaxed fit and some garments are styled to be more fitted. Please review our sizing guide to select the size best suited to you. For further clarification/assistance regarding sizing, you may contact our Customer Support by using the information provided under the “Contact Us” topic in the website.


Product Descriptions

www.aainabysanchari.in and its affiliates endeavour to be as accurate as possible regarding the description of each product displayed on the website. If a product offered by www.aainabysanchari.in itself is not as described, your sole remedy is to return it in unused condition, and request a refund, which will be subject to our Refund policies as described in the Return Policy document.

Pricing

Except where noted otherwise, the List Price displayed for products on our website, in Indian Rupees represents the full price of the product, shipping charges.

With respect to items sold on www.aainabysanchari.in, we charge your credit card before your order has entered the shipping process. For any reason if we are not able to ship you products as per your order, we will inform you electronically and refund the value of the products that are not available. Any additional Shipping Fees, if applicable, will not be refunded.

Despite our best efforts, a small number of the items in our catalogue may be mispriced. If we discover a mispricing, we will do one of the following:

If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Please note that this policy applies only to products sold and shipped by www.aainabysanchari.in. The actual amount to be paid by you will be the equivalent amount in the currency of your credit card, as per the conversions done by your bank / credit card provider on the date of billing.

 

Product properties and wash care

A substantial portion of aainabysanchari.in products are handcrafted using the finest materials. The subtle variations in color, texture, and finish are intrinsic to such premium hand made products. Our products involve crafts-based traditions of hand spinning, dying, weaving, wood block printing, and embroidery. We use both vegetable dyes and commercial dyes with the goal of minimizing our impact on the environment while striving for the best color properties. An irregular weave or print is not a defect - handloom by definition means uncertainty when it comes to uniformity.

Colors

We have done our best to display as accurately as possible the colors of the products on this website. However, because the colors you see will depend on your monitor and other internet-related factors that are beyond our control, we cannot guarantee that your monitor's display of any color will be accurate.

Reds and blues tend to run. Please always wash like colours together and dry inside out in the shade. The customer is expected to read and follow the Wash and Care instructions mentioned under respective products on the website.

Disclaimer of warranties and limitation of liability

This site is provided by www.aainabysanchari.in on an "as is" and "as available" basis. www.aainabysanchari.in makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.

To the full extent permissible by applicable law, www.aainabysanchari.in disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. www.aainabysanchari.in does not warrant that this site, its servers, or e-mail sent from www.aainabysanchari.in are free of viruses or other harmful components. www.aainabysanchari.in will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

 

Indemnification

You agree to defend, indemnify, and hold aainabysanchari.in harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the site.


Applicable Law

By visiting www.aainabysanchari.in, you agree that the laws of India, under the jurisdiction of the Biddhannagar, Salt Lake, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and www.aainabysanchari.in or its affiliates.


Disputes

Any dispute relating in any way to your visit to www.aainabysanchari.in or to products you purchase through www.aainabysanchari.in shall be submitted to confidential arbitration in Biddhannagar, Salt Lake, except that, to the extent you have in any manner violated or threatened to violate www.aainabysanchari.in's intellectual property rights, in which case, www.aainabysanchari.in may seek injunctive or other appropriate relief in any court in India and your consent to exclusive jurisdiction and venue in such courts.

Arbitration under this agreement shall be conducted under the rules then prevailing under the Indian Arbitration Act. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Site policies, modification, and severability

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to www.aainabysanchari.in. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Description of Services

In the Site, we provide users with access to products listed on the site that can be purchased at the price mentioned on the site.

General

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 acknowledge 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.

Membership Eligibility

Use of the Site is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Site for purchase or bid for any items on the Site. As a minor if you wish to purchase an item on the Site such purchase may be made by your legal guardian or parents who have registered as users of the Site. We reserve the right to terminate your membership and refuse to provide you with access to the Site if it is brought to our notice or if it is discovered that you are under the age of 18 years.

Your Account

In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in 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 in 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.

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 colours of the products that appear on the Site, we cannot guarantee that your monitor or screen’s display of any colour 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 or by an electronic record on our Site which will be deemed adequate service of notice / electronic record.

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 cancelled 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 cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be credited back in your Card Account.

Cancellations by the User

In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. A request for cancellation of order shall be valid and accepted only if they are made within 12 (twelve) hours of placing the order on the Site. We will not be able to cancel orders that have already been processed or orders for which request for cancellation is made after the expiry of 12 (twelve) hours from placing the order. We have the full right to decide whether an order has been processed or not. The User agrees not to dispute the decision made by us and accepts our decision regarding the cancellation.

Fraudulent /Declined Transactions

We will frequently monitor user account in order to avoid fraudulent accounts, access, and transactions, in order to offer our customers the highest level of security. Users with more than one account or those availing our services fraudulently shall be liable for legal actions under applicable law; in which case, 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 dishonour all past and pending orders without any liability. For the purpose of this clause, we shall not be liable for any refunds.

We, as a merchant shall be under no liability whatsoever with respect to any loss or damage arising directly or indirectly out of the declination of authorization of 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 the services on the Site is correct and accurate, and you shall not use the credit card which is not lawfully owned by you (or that are you not legally authorized to use), i.e. in a credit card transaction, you must use your own credit card (or a credit card that you are legally authorized to use). 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.

Billing

The price of our merchandise is inclusive of the VAT. 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.

Trademarks

The trademarks, logos and service marks ("Marks") displayed on the Site are our property. Users are prohibited from using any Marks for any purpose whatsoever without our prior written permission. 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 contain 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 our express permission of M/S Aaina 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 M/S Aaina shall not be deemed to be in the public domain but rather the exclusive property of the M/S Aaina, 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 M/S Aaina, unless otherwise stated.

If M/S Aaina has suspicion or knowledge, that any of its buyers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then we may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer or disqualify that user and any related users from availing protection through this program.

M/S Aaina reserves its right to initiate civil and/or criminal proceedings against a user who files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, M/S Aaina may at its sole discretion suspend, block, restrict, cancel the Display Name (and its related Display Names) of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

 

Applicable Law

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Bidhannagar, Salt Lake, Kolkata.

 

Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India.  M/S Aaina makes no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and M/S Aaina is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

 

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