Please
read the following terms and conditions very carefully as your use of service
is subject to your acceptance of and compliance with the following terms and
conditions ("Terms").
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.
In
these Terms, references to "you", "User" shall mean the end
user accessing the Website, its contents and using the Services offered through
the Website. "Service Providers" mean independent third party service
providers, and "we", "us" and "our" shall mean
Aakrati Shopi Pvt. Ltd., its franchisor,
Vendor, Seller, affiliates and partners.
1.
www.ashopi.com website ("Website") is an Internet
based content and e-commerce portal operated by Aakrati Shopi Pvt. Ltd., a company
incorporated under the laws of (Uttar Pradesh) INDIA.
2.
Use of the Website is offered to you conditioned on acceptance
without modification of all the terms, conditions and notices contained in
these Terms, as may be posted on the Website from time to time. ashopi.com at
its sole discretion reserves the right not to accept a User from registering on
the Website without assigning any reason thereof.
You
will receive a password and account designation upon completing the Website's
registration process. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities that
occur under your password or account. You agree to (a) immediately notify
ashopi.com of any unauthorized use of your password or account or any other
breach of security, and (b) ensure that you exit from your account at the end
of each session. ashopi.com cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section 2.
ashopi.com
provides a number of Internet-based services through the Web Site (all such
services, collectively, the "Service"). One such service enables
users to purchase original merchandise such as home décor item, statue,
Sculpture, decorative artifacts, home furnishing and furniture in addition to
small home appliances from premium brands (collectively, "Products").
Upon placing an order, ashopi.com shall ship the product to you and be entitled
to its payment for the Services.
The
User hereby consents, expresses and agrees that he has read and fully
understands the Privacy Policy of ashopi.com the Website. The user further
consents that the terms and contents of such Privacy Policy are acceptable to
him.
The
User agrees and undertakes not to reverse engineer, modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create derivative
works from, transfer, or sell any information or software obtained from the
Website. Limited reproduction and copying of the content of the Website is permitted
provided that Ashopi’s name is stated as the source and prior written
permission of ashopi.com is sought. For the removal of doubt, it is clarified
that unlimited or wholesale reproduction, copying of the content for commercial
or non-commercial purposes and unwarranted modification of data and information
within the content of the Website is not permitted.
You
agree and undertake to use the Website 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:
1.
defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights of others;
2.
publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful
topic, name, material or information;
3.
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;
4.
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;
5.
conduct or forward surveys, contests, pyramid schemes or chain
letters;
6.
download any file posted by another user of a Service that you
know, or reasonably should know, cannot be legally distributed in such manner;
7.
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;
8.
violate any code of conduct or other guidelines, which may be
applicable for or to any particular Service;
9.
violate any applicable laws or regulations for the time being in
force in or outside
10.
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.
The
user guarantees, warrants, and certifies that you are the owner of the content
which you submit or otherwise authorised to use the content and that the
content does not infringe upon the property rights, intellectual property
rights or other rights of others. You further warrant that to your knowledge,
no action, suit, proceeding, or investigation has been instituted or threatened
relating to any content, including trademark, trade name service mark, and
copyright formerly or currently used by you in connection with the Services rendered
by ashopi.com.
ashopi.com
hereby disclaims any guarantees of exactness as to the finish and appearance of
the final Product as ordered by the user. The quality of any products,
Services, information, or other material purchased or obtained by you through
the Website may not meet your expectations. Alterations to certain aspects of
your order such as the merchandise brand, size, colour etc. may be required due
to limitations caused by availability of product difference in size charts of
respective brands etc. In this instance you agree that a representative from
ashopi.com will call you or send an approval request via the email address
which you submitted when placing your order. If you do not agree with the
requested change you retain the right to reject the requested production change
by replying to it within 5 days of it being sent to you. ashopi.com may
re-request that you accept a production alteration one additional time if an
alternative method to send your merchandise is available. If you reject this
2nd request your order will be cancelled and you will be fully refunded via
your initial method of payment.
1.
Unless otherwise indicated or anything contained to the contrary
or any proprietary material owned by a third party and so expressly mentioned,
ashopi.com owns all Intellectual Property Rights to and into the Website,
including, without limitation, any and all rights, title and interest in and to
copyright, related rights, patents, utility models, trademarks, trade names,
service marks, designs, know-how, trade secrets and inventions (whether
patentable or not), goodwill, source code, meta tags, databases, text, content,
graphics, icons, and hyperlinks. You acknowledge and agree that you shall not
use, reproduce or distribute any content from the Website belonging to ashopi.com
without obtaining authorization from ashopi.com.
2.
Notwithstanding the foregoing, it is expressly clarified that
you will retain ownership and shall solely be responsible for any content that
you provide or upload when using any Service, including any text, data,
information, images, photographs, music, sound, video or any other material
which you may upload, transmit or store when making use of our various Service.
However, with regard to the product customization Service (as against other
Services like blogs and forums) you expressly agree that by uploading and
posting content on to the Website for public viewing and reproduction/use of
your content by third party users, you accept the User whereby you grant a
non-exclusive license for the use of the same.
The
Website may contain links to other websites ("Linked Sites").The
Linked Sites are not under the control of ashopi.com or the Website and ashopi.com
is not responsible for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any changes or updates to a
Linked Site. ashopi.com is not responsible for any form of transmission,
whatsoever, received by you from any Linked Site. ashopi.com is providing these
links to you only as a convenience, and the inclusion of any link does not
imply endorsement by ashopi.com or the Website of the Linked Sites or any
association with its operators or owners including the legal heirs or assigns
thereof. The users are requested to verify the accuracy of all information on
their own before undertaking any reliance on such information.
ashopi.com
has endeavoured to ensure that all the information on the Website is correct,
but ashopi.com neither warrants nor makes any representations regarding the
quality, accuracy or completeness of any data, information, product or Service.
In no event shall ashopi.com be liable for any direct, indirect, punitive,
incidental, special, consequential damages or any other damages resulting from:
(a) the use or the inability to use the Services; (b) unauthorized access to or
alteration of the user's transmissions or data; (c) 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 ashopi.com 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 through the Website, or otherwise
arising out of the use of the website, whether based on contract, tort,
negligence, strict liability or otherwise. Further, ashopi.com 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 ashopi.com's
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.
You
agree to indemnify, defend and hold harmless ashopi.com from and against any
and all losses, liabilities, claims, damages, costs and expenses (including
legal fees and disbursements in connection therewith and interest chargeable
thereon) asserted against or incurred by ashopi.com that arise out of, result
from, or may be payable by virtue of, any breach or non-performance of any
representation, warranty, covenant or agreement made or obligation to be
performed by you pursuant to these Terms.
Prices
for products are described on our Website and are incorporated into these Terms
by reference. All prices are in Indian rupees. Prices and currency change
system as describe by ashopi.com, products and Services may change at ashopi.com’s
discretion.
Title
and risk of loss for all products ordered by you shall pass on to you upon
ashopi.com's shipment to the shipping carrier.
1.
ashopi.com 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 any of the Terms.
2.
If you or ashopi.com terminates your use of the Website or any
Service, ashopi.com may delete any content or other materials relating to your
use of the Service and ashopi.com will have no liability to you or any third
party for doing so.
3.
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.
Further, you shall be entitled to your royalty payments as per the User License
Agreement that has or is legally deemed accrued to you.
These terms
shall be governed by and constructed in accordance with the laws of (Uttar
Pradesh) 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 Aligarh(Uttar Pradesh) INDIA.
The
headings and subheadings herein are included for convenience and identification
only and are not intended to describe, interpret, define or limit the scope,
extent or intent of the Terms or the right to use the Website by you contained
herein or any other section or pages of the Website or any Linked Sites in any
manner whatsoever.
The
Terms herein shall apply equally to both the singular and plural form of the
terms defined. Whenever the context may require, any pronoun shall include the
corresponding masculine and feminine. The words "include",
"includes" and "including" shall be deemed to be followed
by the phrase "without limitation". Unless the context otherwise
requires, the terms "herein", "hereof", "hereto",
"hereunder" and words of similar import refer to the Terms as a
whole.
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.
As per
these Terms, users are solely responsible for every material or content
uploaded on to the Website. ashopi.com does not review the contents in any way
before they appear on the Website. ashopi.com does not verify, endorse or
otherwise vouch for the contents of any user or any content generally posted or
uploaded on to the Website. Users can be held legally liable for their contents
and may be held legally accountable if their contents or material include, for
example, defamatory comments or material protected by copyright, trademark,
etc. If you come across any abuse or violation of these Terms, please report to info@ashopi.com.
Despite
our best efforts, a small number of the many hundreds of items in our catalogue
are mispriced. However, we verify prices as part of our dispatch procedures.
If an
item's correct price is lower than our stated price, we charge the lower amount
and send you the item.
If a
product's correct price is higher than our stated price, we will cancel your
order and notify you of that cancellation.
1.
Discounts will be applied to the total merchandise value
including VAT and applicable taxes. Issuance or redemption of a voucher or
coupon will apply to the total value of the qualifying order once all
promotional discounts have been applied.
2.
Only one credit note/gift coupon/coupon can be used per order
unless otheriwise stated.
3.
Discount coupons - Discount coupons may from time to time be
offered to account holders; such coupons may only be applied to purchases made
through the account to which the discount coupon was offered and registered. If
you need a refund, this will be made in the same way as the original payment
method (such as onto a gift voucher, debit/credit card account, a combination
of the two and in case of COD, a cheque).
4.
Promotional discount coupons - We may from time to time offer
promotional discount coupons which may apply in respect of any, or certain
specified, purchases made though this Website.
5.
ashopi.com shall introduce various offers, schemes or contest at
different times. The terms and conditions for such Contest shall be separately
available on the Site.
6.
ashopi.com reserves the right to change/modify/add/delete any of
the terms and conditions prevailing on the different promotional schemes it
introduces in market from time to time. ashopi.com, at its discretion, can
withdraw a particular scheme from the website or market.
7.
In case of any query pertaining to use of coupon and/or credit
note or regarding the schemes, please email customer care at info@ashopi.com or call @ +91 9639304050 (10.30 AM - 5.00 PM).
8.
While participating in any ashopi.com contest you hereby agree
to release and hold ashopi.com (and its officers, directors, agents,
subsidiaries, affiliates, joint ventures, Vendor, Seller and employees)
harmless from any claim or demand, but not limited to reasonable attorneys'
fees, or arising out of or related to your participation in the said Contest.
It is
the customer's responsibility to login earlier if they want to avail better
products or styles because ashopi.com sales are "first come, first
served". The merchandise is not restocked once sold out. No information
regarding the presence of any Product in our stock will be guaranteed and we
will alert you only when an item is sold out.
The terms and conditions for such Contest shall be separately available on the
Site. In the event of any conflict between these T&C and the terms and
conditions pertaining to any Contest, such terms and conditions shall prevail.
