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Terms & Conditions
Welcome to www.aakaar.com hereinafter interchangeably referred to as “Aakaar.com” or “Aakaar” or “Website” or “we” or “us” or “our”, the one stop online store for sale of its products. In these Terms, references to "you", "user", or "member" shall mean the customer or end user accessing the Website, and its contents, and using the Services offered through the Website. Kindly read the following Terms and Conditions in this Agreement (also referred as “Terms”) very carefully as your use of services is subject to your acceptance of and compliance with the following Terms and Conditions.
Although we are required to have certain terms and conditions laid out, we assure you that we are extremely reasonable. We will always use our best judgment, given the context, to ensure that our customer is always happy.
By subscribing to or using any of our Services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the Services. If you do not want to be bound by the Terms, you must not subscribe to or use our Services.
www.aakaar.com is an e-commerce portal of M/s Aakaar Exquisites licensed to sell its products and services online. Aakaar provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any www.aakaar.com service (e.g., Testimonials), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference.
By using the Website you are deemed to have accepted the Terms listed below. We reserve the right to change this Website and these Terms at any time. We retain the right to deny access to anyone who we believe has violated any of these Terms and Conditions.
Account and Registration
You also agree to:
- Provide true, accurate, current and complete information about yourself as prompted by our registration, buying or listing process, in the feedback area or through any email feature (such information being the "Data")
- Maintain and promptly update the Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if the Website has reasonable grounds to suspect that such information is untrue, inaccurate, and not current or not in accordance with the Terms, the Website has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
The Website makes no representation that any products or services referred to in the materials on this Website are appropriate for use, or available outside India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. In case of any delivery to be made outside India then all international shipping, cost, duty, currency conversion fee, etc., shall be solely borne by the customer. Except where additional terms and conditions are provided which is product specific, these Terms supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.
The Website does not discriminate on the basis of age, gender, race, religion, caste, class, lifestyle preference or nationality and allows one registered Membership per legitimate electronic mail address. www.aakaar.commust approve any exceptions, including the use of one electronic mail address by multiple users.
By using the services of the Website you agree to be bound by the Terms and Conditions
Aakaar.com will communicate with you about your order and the purchased Product through any of the mode using E-mail, SMS and telephone or all of them or any other mode. Account holders must provide a valid email address and contact telephone and/ or mobile number to Aakaar.com for this purpose. In case of Cash-On-Delivery orders, customers will receive a confirmatory call by customer care. Only then will their order be sent for processing. If customer care is unable to connect with the customer in two attempts, an email will be sent out to the customer immediately. The customer will have 24 hours to respond to the email. If the customer does not respond, the order will be cancelled. When you use the Site or send emails to Aakaar.com, you are communicating with Aakaar.com electronically. You consent to receive communications from Aakaar.com electronically. From time to time, Aakaar.com will also send you marketing material. If you do not wish to receive such material, you may unsubscribe from our mailing list at any time by using the unsubscribe function in the electronic marketing communication or by contacting Customer Care. 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.
The Website does its best to provide accurate product and pricing information but at times pricing or typographical errors may occur. We cannot confirm the price of a product until after the order is placed. 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 request you to contact us within 72 (Seventy Two) hours of placing your order.Aakaar.com shall then refund the difference amount within 10-15 business days of intimation. Cash on Delivery order refunds will be done by Cheque. If Aakaar come across any such difference in pricing, it has all the rights, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched.
Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and the Website 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 the Website 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 may be processed prior to 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. Prices, Products and Services may change at our discretion. Prices as fixed at the time of purchase shall be final and must be borne by the customer. Any change in the currency value will not affect the final price at the time of purchase. All additional charges if any shall be borne by the customer.
Online prices and promotions will not be honored at the physical store location and neither of the two should be compared for pricing; online policies are not applicable with in-store sales and operations.
The prices of the products listed on the Website are fixed and not negotiable. If you have any questions, please do not hesitate to contact us at (+91) 961.992.9262 (India) / (+1) 646.847.8479 (USA) or email us firstname.lastname@example.org
Cancellation of Order
The Website reserves the right to cancel any order without any explanation for doing so, under situation where the Website is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with our policy or for any other reason. However, we ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund will be made in reasonable time. The user agrees not to dispute the decision made by the Website and accept our decision regarding the cancellation. If any customer would want to cancel their order, the same must be done within the stipulated time i.e. before receiving a confirmation email indicating shipment of order.
Usage of Promo code by the Company
Aakaar.com has the right to refuse the usage of any promo code at any point of time. Promo codes, which have expired, cannot be used on the Website.
- Aakaar.com can at any time ask the Member for the proof of having received the promo code.
- Promo codes can be used only on specific orders as deemed fit by Aakaar.com
- Promo codes, at Aakaar.com’s discretion are applicable on certain items, on specific orders, or on specific dates and occasions.
- Promo codes cannot be combined with any other special offer running on the site.
Exactness Not Guaranteed
Aakaar tries to be as accurate as possible. However the Website does not warrant the exactness in the final appearance of the product offered by us or the quality of any products, services, information, or other material purchased or obtained by you through the Website may not meet your expectations, in certain aspects of your order such as the merchandise brand, size, color, print process used, print size, print color etc. Thus, if a product offered by the Website itself is not as described, your sole remedy is to return it in unused condition.
Shipping & Delivery
The Member has to specify the address and details of the person who will collect the shipment at the time of purchase. At the time of placing the order, the Member has to state full name of the recipient as stated in his / her government approved photo identification.
All items shall be delivered directly to the person as specified at the point of ordering and the Member cannot (under no circumstances whatsoever) change the recipient details after the order is processed.
The Member shall pay all shipping charges and other local charges. The recipient accepting delivery should not accept deliveries where the box or packaging has been tampered with.
The recipients receiving the delivery must open the package and check its contents prior to accepting the delivery or signing the delivery receipt.
If the recipient is not available at the time of delivery, the courier company shall try and deliver the item three times before returning the package to Aakaar.com. All costs for return shipments and handling in the case of non-delivery to the Member shall be chargeable to the Member.
Delivery guarantee is subject to terms and conditions of the courier company. Any inconsistency in name or address will result in non-delivery of the product.
User Conduct and Rules
You agree and undertake to use Aakaar (not only the Website but also Aakaar twitter page and Aakaar Facebook page) and the Service only to post and upload messages and material that are proper.
By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
- upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
- conduct or forward surveys, contests, pyramid schemes or chain letters; (f) download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- any applicable laws or regulations for the time being in force in or outside India; and
- violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
- post or transmit content, (even if made in a joking, sarcastic or unintended manner), if it is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual
- post or transmit content, (even if made in a joking, sarcastic or unintended manner), if it involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”.
You understand that Aakaar.com has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Sites) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us) to disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
It is possible that other users (including unauthorized users or 'hackers') may post or transmit offensive or obscene materials on the Sites and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Sites, and that the recipient may use such information to harass or injure you. Aakaar.com does not approve of such unauthorized uses but by using the Sites you acknowledge and agree that Aakaar.com is not responsible for the use of any personal information that you publicly disclose or share with others on the Sites. Please carefully select the type of information that you publicly disclose or share with others on the Sites.
Aakaar.com shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Aakaar shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites.
Credit/Debit Card Details
You agree, understand and confirm that the credit card details provided by you for availing of services on Aakaar will be correct and accurate and you shall not use the credit / debit card which is not lawfully owned by you, i.e. in a credit / debit card transaction, you must use your own card. You further agree and undertake to provide the correct and valid card details to us. Further the said information will not be utilized and shared by us with any third party unless required for fraud verifications or by law, regulation or court order. The Website will not be liable for any 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.
Fraudulent /Declined Transactions
Aakaar reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Website fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions.
Mandatory Declaration – Computers
You hereby declare that you have provided all necessary Legal Details for the shipment of the product to the destination specified by you in the Order. You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.
Governing Law and Jurisdiction
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Mumbai. Any dispute or difference either in interpretation or otherwise, of any terms of these terms and conditions between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Aakaar 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.
However, before you submit a claim for arbitration, you must first contact customer service representative at Aakaar and give him/her an opportunity to resolve the dispute. Similarly, before Aakaar takes a dispute to arbitration, it must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you may inform Aakaar.com to appoint Arbitrator to resolve the dispute and Aakaar.com shall within 15 days from the receipt of such intimation, appoint the Sole Arbitrator. The venue of the Arbitration shall be at Mumbai and the language of the Arbitration shall be English and the applicable Law shall be the Laws of India.
Any award rendered pursuant to the arbitration shall be final and binding on both parties and no appeal shall lie from such award. Such award may be rendered enforceable and executory by any court having jurisdiction over the person or the property of the person against whom enforcement of the award is sought.
Notwithstanding the provisions in this Clause, Aakaar shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trademark or other intellectual property rights or confidential information etc.
Reviews, Feedback and Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Aakaar on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Website of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Aakaar owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments.
We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Aakaar is and shall be under no obligation to maintain any Comments in confidence; to pay you any compensation for any Comments; or to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
The Website does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Aakaar and its affiliates for all claims resulting from any Comments you submit. Aakaar and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Trademark and Copyright
This website is controlled and operated by M/s Aakaar Exquisites. All material on this Website, including images, text, designs, programs, logos, names, icons, photographs, illustrations, audio clips, and video clips related to products and services, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by Aakaar. Material on the Website owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the Website, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal and non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is commercial use for the purposes of this clause.
Risk of Loss
All items purchases from Aakaar.com 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.
You agree to defend, indemnify and hold harmless Aakaar, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, profits, goodwill, use, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Website or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.
Disclaimer of Warranties/Limitation of Liability
Aakaar has endeavored to ensure that all the information on the Website is correct, but Aakaar neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, Product or Service. This website, all the materials and products (including but not limited to software and services, included on or otherwise made available to you through this site are provided by Aakaar on an “as is” and “as available” basis without any representation of warranties, expressed or implied except otherwise specified in writing.
In no event shall Aakaar be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
- the use or the inability to use the Services;
- unauthorized access to or alteration of the user's transmissions or data;
- any other matter relating to the Services; 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 or Service.
Neither shall Aakaar be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained or downloaded through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise.
Further, Aakaar shall not be held responsible for 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 for any reason beyond our control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. Aakaar.com will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, this website.
Aakaar does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through this site; their servers; or electronic communication sent from Aakaar.com are free of viruses or other harmful components.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
All the products sold on Aakaar.com are governed by different state laws and if Aakaar.com is unable to deliver such products due to implications of different state laws, Aakaar.com will return or will give credit for the amount received by Aakaar.com from the sale of such product, that could not be delivered to you.
Aakaar.com does not take responsibility or liability or warrant including but not limited to, the actions, products, content and services on Aakaar.com's website, which are linked through including but not limited to Affiliates and sites using Aakaar.com's APIs. In addition, Aakaar.com provides links to the sites of affiliated companies and certain other businesses for which, Aakaar.com is not responsible for examining or evaluating the products and services offered by them, and we do not warrant the offerings of, any of these businesses or individuals or the content of their website.
This Website may contain links to other websites or you may be linked through other web sites ("Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk. We are not responsible for the content of theLinked Sites, whether or not Aakaar is affiliated with sponsors of the sites. We do not in any way endorse the Linked Sites.
We welcome links to this site. You may establish a hypertext link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by www.aakaar.com. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the www.aakaar.com site, including any logos or characters, without the express written consent of the owner of the mark or materials. You must not frame or otherwise incorporate into another web site or present in conjunction with or juxtaposed against such a web site any of the content or other materials on the www.aakaar.com site without our prior written consent.
Aakaar may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached a term of these Terms. These Terms will survive indefinitely unless and until Aakaar chooses to terminate them. If you or Aakaar terminates your use of the Website or any Service, Aakaar may delete any content or other materials relating to your use ofthe Service and Aakaar will have no liability to you or any third party for doing so. You shall be liable to pay for any Service or Product that you have already ordered till the time of termination by either party whatsoever.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.