- The domain https://aaracouture.in including any web-pages thereof is the website (“Website”) of M/s. AARTEE’S SELECTION (hereinafter “AARA COUTURE”, “we”, “us” or “our”) having its registered office at AARA COUTURE, Shop No. 5, Aakanksha Building, N.C.Kelkar Road, Opp. Plaza Cinema, Dadar West, Mumbai:400028, Maharashtra, India.
- Through the Website, we intend to sell our original merchandise including but not limited to clothing, footwear, accessories, jewelry, etc., designed or created by various designers.
TERMS & CONDITIONS
Welcome to AARA COUTURE. In using the service of AARA COUTURE you are deemed to have accepted the terms and conditions listed herein.
All products/services and information displayed on AARA COUTURE constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below. AARA COUTURE reserves the right to accept or reject your offer. If you have supplied us with your valid email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of AARA COUTURE prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.
ELIGIBILITY FOR MEMBERSHIP
AARA COUTURE reserves the right to terminate your membership and refuse to provide you with access to the Site if AARA COUTURE discovers that you are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by AARA COUTURE for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.
Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of AARA COUTURE you agree to be bound by the Terms and Conditions.
ACCESS TO WEBSITE:
- Website and/or any facilities made available on the Website, in whole or part, may not be available from time to time for any reason including, without limitation, upgrading of the Website/technology, the introduction of new product(s), computer resource repairs and Website maintenance, etc.
- In no event shall AARA COUTURE be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
- use or the inability to use or delay in the use of the Website;
- unauthorized access to or alteration of the user’s transmissions or data;
- any other matter, including without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website;
- provision of or failure to provide access to Website or any information, products through the Website;
- non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or pursuant to directives from government authorities or for any reason beyond AARA COUTURE’s control.
- Interruptions in the Website shall not serve as a basis to terminate your subscription, purchase order or demand in a full or partial refund of any payment made or any reductions in future payments to be made.
- Please ensure that the details provided to us during the registration process for your user account or while placing an order as a guest are correct and complete.
- Registered users are requested to update any account information to enable us to serve you better.
- If you are registering as a business entity (i.e. limited company, partnership, limited liability partnership, trust, society, an association of persons, etc.), you represent that you have the authority to bind such entity which you are representing with these Terms.
- You will not provide false information about you or anyone else (including, without limitation, when you are being asked on the Website to provide accurate information about your age), and you will not impersonate or appear to impersonate anyone else or otherwise misrepresent your affiliation with any person or entity.
- You are solely responsible for maintaining the confidentiality of the password and account details. You shall be fully responsible for all activities that occur through your account. AARA COUTURE shall not be liable to any person for any loss or damage arising as a result of your failure to maintain the confidentiality of your account details, password and even comply with these Terms.
- You will ensure to exit/sign off from your account at the end of each session.
- If you know or suspect that there has been unauthorized use of your account or password you shall immediately notify AARA COUTURE.
- If AARA COUTURE has a reason to believe that there was unauthorized access of your account or misuse of the Website, we may, for security reasons either (i) request you to change your password or (ii) we may suspend your account without any liability to AARA COUTURE.
- You understand that AARA COUTURE will never ask you to disclose or share your password. Please ignore any such e-mail or correspondence requesting disclosure of your password.
- You also agree and confirm as under:
While registering yourself or while placing an order as a guest, you shall provide accurate, correct, complete, and up-to-date information about yourself as requested over the Website. Please note that the sale of product(s) to be rendered to you will be dependent upon the Information provided by you. Thus AARA COUTURE will not be responsible if the information provided by you is inaccurate, false, incomplete or not up to date; AARA COUTURE has the right to verify and confirm the Information provided by you at any time. If upon verification it is found that the Information shared with AARA COUTURE either as a registered user or a guest, is inaccurate, false, incomplete, or not up to date in accordance with the Terms, AARA COUTURE reserves the right to where you are a registered user: · Temporarily or indefinitely suspend or terminate your membership and refuse to provide you with access to the Website without any liability; and/or
- Reject your purchase order or stop delivery of the products, without any liability;
Where you are a guest user: Reserves the right to reject your purchase order or refuse to deliver the products to the address provided by you without any liability;
While AARA COUTURE strives to provide accurate product and pricing information, pricing or typographical errors may occur. AARA COUTURE cannot confirm the price of a product until after you order. 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, AARA COUTURE shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mispriced, AARA COUTURE may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and AARA COUTURE will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that AARA COUTURE accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment will be processed prior to AARA COUTURE 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/bank account.
We strive to provide you with the best prices. However, sometimes a price online does not match the price in our store. Prices and availability are subject to change without notice.
CANCELLATION BY AARA COUTURE
Please note that there may be certain orders that we are unable to accept/process 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 include limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information.
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 in your Card Account.
REVIEWS, COMMENTS, FEEDBACK, ETC.:
- AARA COUTURE invites you to provide your feedback, suggestions, convey ideas, and other submissions (collectively “Views”) on the Website or by letters or e-mails as long as the same is not violating any Indian laws and is in accordance with these Terms.
- For the avoidance of doubt, Views on the content of the Website, products, etc. are individual opinions of the visitors based on their knowledge or experience. Thus these Views are personal opinions of the author. AARA COUTURE neither subscribes to them nor does AARA COUTURE assume any responsibility or liability for the same.
- If you provide Views that violate Indian laws or are contrary to these Terms, AARA COUTURE, without any liability or prior intimation, reserves the right (but not an obligation) to remove, delete, edit or refuse to retain on Website any such View that in the sole judgment of AARA COUTURE that it violates these Terms or any Indian laws. AARA COUTURE may, if deemed fit, even suspend your access or deny you access to the Website.
- If you post Views on the Website or send your Views by e-mail/letter, you agree:
- All Views shall remain property of AARA COUTURE and AARA COUTURE shall have irrevocable, perpetual, and worldwide intellectual property rights in the Views. Thus AARA COUTURE has exclusive, royalty-free, and fully sub-licensable rights to commercially exploit the Views.
- AARA COUTURE will be entitled to display, distribute, disclose, reproduce, modify, adapt, publish, translate, create derivative works from such Views throughout the world in any media for any purpose whatsoever, without any restriction and without any need to compensate you; and
- AARA COUTURE and its associates, consultants, contracted parties have the right to use the name that you submit in connection with such Views if deemed fit.
- You agree to waive your rights to be identified as the author of such Views;
- You represent and warrant that the Views submitted on the Website are your personal views and do not violate any Indian laws or do not hurt any person or entity including that the Views are not defamatory.
- You agree to indemnify AARA COUTURE and its associates, consultants, contracted parties, etc. for any claim against AARA COUTURE or its associates due to posting of Views on the Website in breach of these (i) Terms or (ii) any of this representation or warranties or (iii) any applicable Indian laws.
FRAUDULENT /DECLINED TRANSACTIONS
AARA COUTURE reserves the right to recover the cost of goods, collection charges, and lawyers’ fees from persons using the Site fraudulently. AARA COUTURE reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
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.
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the 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.
CONDITIONS FOR CUSTOMER SUPPORT CHAT
AARA COUTURE may suspend AARA COUTURE’s live support service at any time without notice.
AARA COUTURE or its executives are not responsible for any delay caused in attending to or replying to the queries via chat.
Any communication through chat may be stored by AARA COUTURE for AARA COUTURE reference; customers would not have the right to access this information at a later date.
While chatting you may not put on any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information.
The chat room will not be used for selling any products or advising on business opportunities or any other form of solicitation.
You may proceed further and chat with our online customer care executive only if you agree to the above terms and conditions.
YOU AGREE AND CONFIRM
That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by AARA COUTURE for redelivery shall be claimed from you.
That you will use the services provided by AARA COUTURE, its affiliates, and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
You will provide authentic and true information in all instances where such information is requested of you. AARA COUTURE reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation, your details are found not to be true (wholly or partly), AARA COUTURE has the right in its sole discretion to reject the registration and de-bar you from using the Services of AARA COUTURE and/or other affiliated websites without prior intimation whatsoever.
That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.
YOU MAY NOT USE THE SITE FOR ANY OF THE FOLLOWING PURPOSES:
Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations, or code of practice.
Gaining unauthorized access to other computer systems. Interfering with any other person’s use or enjoyment of the Site.
Breaching any applicable laws;
Interfering or disrupting networks or web sites connected to the Site.
Making, transmitting, or storing electronic copies of materials protected by copyright without the permission of the owner.
MODIFICATION OF TERMS & CONDITIONS OF SERVICE
AARA COUTURE may at any time modify the Terms & Conditions of Use of the site without any prior notification to you. You can access the latest version of the User Agreement at any given time on AARA COUTURE. You should regularly review the Terms & Conditions on AARA COUTURE. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.
GOVERNING LAW AND JURISDICTION
This User Agreement shall be construed in accord with the applicable laws of India. The Courts at Mumbai shall have exclusive jurisdiction in any proceedings arising out of this agreement.
Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by AARA COUTURE and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Mumbai. The High Court of judicature at Mumbai alone shall have the jurisdiction and the Laws of India shall apply.
INDEMNITY AND RELEASE:
- You shall indemnify and hold harmless AARA COUTURE, its subsidiaries, associates, consultants, contracted parties, etc., and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms or any policy/document incorporated by reference or your violation of any laws, rules, regulations or the rights of a third party.
- You hereby expressly release AARA COUTURE and/or its associates and/or any of its officers and representatives from any cost, damage, liability, or other consequence of any of the actions/inactions of AARA COUTURE’s suppliers, fashion designers, vendors, courier companies or other parties and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
- FORCE MAJEURE:
- Neither party will be held liable for any loss or failure to perform any obligation (other than your payment obligation where you are still receiving all or part of any products purchased under these Terms), due to events such as storms, tsunami, fire, floods, earthquake, an outbreak of any contagious diseases, or any other acts of God or any governmental act or industrial dispute(s), strikes, labour unrest, civil commotion, riots, terrorist attack, war, poor environment/weather conditions, mechanical break-down, obstruction of any public or private road/highway, of any circumstances (other than insolvency of the party) beyond any party’s reasonable control (“Force Majeure Event”).
- Party affected by Force Majeure Event shall as soon as reasonably possible send a written notice to the other party of occurrence of Force Majeure event. If the Force Majeure event continues for more than 3 months from the date of placement of purchase order for any product(s), either party may cancel the purchase order immediately by giving the other party written notice of the termination of the contract.
- In case of termination of contract/purchase order due to Force Majeure event, you further agree to make payment for the product(s) so delivered prior to an occurrence or during the occurrence, if any of the Force Majeure event.
- GOVERNING LAW AND JURISDICTION:
- Terms and any policy shall be governed by and construed in accordance with the laws of the Republic of India.
- Any dispute or difference either in interpretation or otherwise, of any conditions of the Terms hereto, the same shall be referred to the courts in Mumbai, which shall have exclusive jurisdiction.
COPYRIGHT & TRADEMARK
AARA COUTURE and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of AARA COUTURE or any third party’s intellectual property rights. All rights, including copyright, in this website, are owned by or licensed to AARA COUTURE or third-party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of AARA COUTURE. You cannot modify, distribute or re-post anything on this website for any purpose.
The AARA COUTURE names and logos and all related product and service and AARA COUTURE slogans are the trademarks or service marks of AARA COUTURE. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo, or mark in any manner.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips, and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of AARA COUTURE or its suppliers and protected by Indian and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, and/or other intellectual property owned, controlled, or licensed by AARA COUTURE, one of its affiliates, or by third parties who have licensed their materials to AARA COUTURE and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of AARA COUTURE and is also protected by Indian and International copyright laws.
NOTICES AND COMMUNICATION:
- Any notice to AARA COUTURE under this Agreement may be delivered by prepaid post to the following address, M/s. AARTEE’S SELECTION (AARA COUTURE), Shop No. 5, Aakanksha Building, N.C.Kelkar Road, Opp. Plaza Cinema, Dadar West, Mumbai 400 028, Maharashtra, India. E-mail: email@example.com
- AARA COUTURE shall send notices to you electronically to the e-mail address provided by you or may send a physical notice either by recognized courier service or prepaid post to the address provided by you. For the avoidance of doubt, it is clarified that sending of notice by AARA COUTURE either by e-mail or prepaid post/courier service shall be deemed to be a valid and effective service of notice by AARA COUTURE.
- Without prejudice to clause 16(b) above, you will be required to provide a valid phone number while placing an order with us. AARA COUTURE may communicate with you either by e-mail, short message services (SMS), phone calls, or by posting notices on the Website or by any other mode of communication to fulfill your order. Thus for contractual purposes, you consent to receive communications including SMS, e-mail, or phone calls from us with respect to your order or any offers or promotions.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and AARA COUTURE with respect to the AARA COUTURE sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and AARA COUTURE with respect to the AARA COUTURE sites/services. AARA COUTURE’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.