Terms & Conditions
Terms &
Conditions
The domain
name www.AvaniIndustries.in (hereinafter referred to as “Website“) is
registered in the name of Avani Industries the Companies Act, 1956.
Your use of
the Website and services and tools are governed by the following terms and
conditions (“Terms of Use“) as applicable to the Website. If you transact on
the Website, You shall be subject to the policies that are applicable to the
Website for such transaction.
For the purpose of these Terms of Use,
wherever the context so requires ‘You’ or “User” shall mean any natural or
legal person who has agreed to become a member of the Website by providing
Registration Data while registering on the Website as Registered User using the
computer systems. Avani Industries allows User to surf the Website or making
purchases without registering on the Website. The term “we“, “us“, “our” shall
mean Avani Industries or all.
ACCESSING,
BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS
AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY
BEFORE PROCEEDING.
All products/services and information
displayed on Avani Industries constitute
an “invitation to offer”. Your order for purchase constitutes your “offer”
which shall be subject to the terms and conditions as listed below. Avani
Industries 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 Avani Industries
prior to the actual dispatch of the product(s) ordered will constitute
acceptance of your offer.
Membership
Eligibility
Use of the Site is available only to persons
who can form legally binding contracts under applicable law. Persons who are
“incompetent to contract” within the meaning of the Indian Contract Act, 1872
including un-discharged insolvents etc. are not eligible to use the Site. You
may use this site only if your age is over 18 years.
Avani
Industries reserves the right to terminate your membership and refuse to
provide you with access to the Site if Avani Industries discovers that you are
under the age of 18 years. In case of a business entity, you represent that you
have the necessary authority to bind the entity to this User Agreement. Unless
otherwise specified, the materials on this website are directed solely at those
who access this website from India. Avani Industries 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 Site from
outside India are responsible for compliance with local laws if and to the
extent local laws are applicable. Avani Industries will deliver the products
only within India and will not be liable for any claims relating to any
products ordered from outside India.
Unless
otherwise stated as additional terms and conditions 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 Avani Industries you
agree to be bound by the Terms and Conditions.
Modifications
Avani Industries reserves the right at all
times to discontinue or modify the Terms of Use and/or our Privacy Policy as we
deem necessary or desirable without any prior notification. Such changes may
include, among other things, the adding of certain fees and charges. Any such
modifications would be effective immediately. We suggest that you read our
Terms and Conditions and Privacy policy from time to time to stay informed. Any
use of the site after such modifications would be deemed to constitute
acceptance of the modified terms by the End User.
Account and Registration
It is the user’s responsibility to keep the
details of the account and password confidential and you agree to accept
responsibility for all activities that occur under Your Account or Password.
Avani Industries shall not be liable to any person for any loss or damage which
may arise as a result of any failure by the user to protect the account details
or the password. In case of any suspected breach please contact us immediately.
If Avani Industries has reason to believe that there is likely to be a breach
of security or misuse of the Avani Industries Site, we may require you to
change your password or we may suspend your account without any liability to
Avani Industries
You also
agree to:
1. Provide
true, accurate, current and complete information about yourself as prompted by
Avani Industries website during the registration process (such information
being the “Registration Data”)
2. Maintain
and promptly update the Registration Data to keep it true, accurate, current
and complete. If you provide any information that is untrue, inaccurate,
incomplete, or not current or if Avani Industries has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or not in
accordance with the User Agreement, Avani Industries will have the right to
indefinitely suspend or terminate your membership and refuse to provide you
with access to the Site.
Promotion
Offers
For any returned or undelivered orders,
partial or whole, the user will not be eligible to avail of the offer used to
purchase the original order. The benefit of the offer would also not be
included in the refund provided. If the product(s) returned are part of any
free offer, Eg: Buy 2 get 1 free or Buy 1 get 1 free, all the products related
to the offer would have to be returned by you, as they have been purchased as
part of a group offer. The refund/replacement process would only be initiated
once all the products have been returned.
From time to
time, we may provide a free sample or gift along with our orders which are eligible
for the offer. These samples/gifts will not be eligible for
return/replacement/refund under any circumstances.
Coupon Codes & Cart Offers
To offer special discounts to our users from
time to time, we share coupon codes based discounts. To prevent any possible
misuses we have put in place a few checks on the ways in which these coupon
codes can be used.
To make the
best use of the coupon code offers, please go through the following terms and
conditions applicable on all coupon codes
1. Coupon
Codes & Cart Offers based offer will be valid upon application of the
coupon code at the time of placing order.
2. Coupon
Codes & Cart Offers will be valid till the date communicated or till stocks
last on the applicable products, whichever happens earlier.
3. A Coupon
Codes & Cart Offers cannot be clubbed with any other coupon code or with
any other offer including offers running on the site without using coupons.
4. A coupon
will provide the stated discount of the coupon code or the discount already
stated on the product whichever is higher unless otherwise mentioned.
5. Coupon
codes shared individually with a user will be applicable on purchase made by
that particular user only.
6. The
website reserves the right to change the terms and conditions of any coupon
code any time without prior intimation.
7. Shipping /
Cash on delivery rules and charges apply on the net amount payable upon
application of the coupon code unless otherwise mentioned.
8. Cash back
coupons are valid for next purchase as per the conditions mentioned with the
Cash back offer.
Pricing,
Promotions & Coupon Codes
Pricing Information
While Avani Industries shall Endeavor to
provide accurate product and pricing information, yet typographical errors
might occur. Avani Industries 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, Avani
Industries 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 mis-priced, Avani Industries 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 Avani Industries 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 Avani Industries 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 Avani Industries 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.
Transactions & Cancellations
Credit Card Details
You hereby agree, understand and confirm that
the credit card details provided by you for availing of services on website
will be correct, accurate and current. Under no circumstances you shall use a
credit card which is not lawfully owned by you. You further agree and undertake
to provide the correct and valid credit card details to us. The card details
will not be utilized and shared by us with any of the third parties unless
required for fraud versification 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 it otherwise’ shall be
exclusively on you.
Fraudulent
/Declined Transactions
In case of fraudulent use of the site, we
reserve the right to recover the cost of goods, collection charges and lawyers
fees from person(s) concerned. We reserve the right to initiate legal
proceedings against such person(s) for fraudulent use of the Site and any other
unlawful acts or acts or omissions in breach of these terms and conditions.
Cancellations
by the Customer
In case we receive a cancellation notice and
the order has not been shipped by us, we shall cancel the order and may refund the
entire amount. The orders that have already been shipped out by us will not be
cancelled and you will have to check our return policy on those orders. Fee of 200 rs will charged in case the order is cancelled if its not shipped and the order is from within india, orders can not be cancelled once shipped.
we don't accept returns nor there is any refund policy , only incase the wrong product has been delivered to you , we will replace the unused product once you send the product back to us , all the charges for shipping for wrong products will be borne by us. However we will send you a video/pictures of the product before shipping your product.
Cancellation by Avani Industries
Under certain circumstances it might not be
possible for us to accept an order and we may be compelled to cancel the same.
We reserve the right to refuse or cancel any order for any reason at our sole
discretion. Some situations that may result in your order being cancelled
include limitations on quantities available for purchase, inaccuracies or
errors in product or pricing information, or problems identified by our credit
and fraud avoidance department. We may also ask for 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 reversed back in your Card Account. The
customer agrees not to dispute the decision made by us and accept our decision
regarding the cancellation.
Payment
While availing any of the payment method/s
offered by us, we are not responsible or take no liability of whatsoever nature
in respect of any loss or damage arising directly or indirectly to you out of
the decline due to:
1. lack of authorization
for any transaction/s,
2. or
exceeding the preset limit mutually agreed by you and between your “Bank/s”,
3. or any
payment issues arising out of the transaction,
4. or decline
of transaction for any other reason/s.
All payments
made against the purchases/services on Avani Industries by you shall be
compulsorily in Indian Rupees acceptable by the Union of India.
Avaniindustries.in does not accept any other form of currency with respect to
the purchases.
Before
shipping your order to you, we may request you to provide supporting documents
(including but not limited to Govt. issued ID and address proof) to establish
the ownership of the payment instrument used by you for your purchase. This is
done in the interest of providing a safe online shopping environment to our
users.
Copyright & Trademark
Everything located on or in this Site,
including the Micro sites, is our exclusive property and can be used with
express permission of the copyright and/or trademark owner. ANY COPYING,
DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE
MODIFYING OF THIS SITE OR ANY OF THE MICRO SITES WITHOUT OUR EXPRESS WRITTEN
PERMISSION OF Avani Industries is STRICTLY PROHIBITED. Any violation of this
policy may result in a copyright, trademark or other intellectual property
right infringement that may subject End User to civil and / or criminal
penalties.
This Site and
Micro sites contains copyrighted material, trademarks and other proprietary
information, including, but not limited to, text, software, photos, video,
graphics, music, sound, and the entire contents of website protected
End User
shall not upload, post or otherwise make available on this Site any material
protected by copyright, trademark or other proprietary right without the
express permission of the owner of the copyright, trademark or other
proprietary right. We do not have any express burden or responsibility to
provide End User with indications, markings or anything else that may aid End
User in determining whether the material in question is copyrighted or
trademarked. End User shall be solely liable for any damage resulting from any
infringement of copyrights, trademarks, proprietary rights or any other harm
resulting from such a submission. By submitting material to any public area of
this Site, End User warrants that the owner of such material has expressly
granted us the royalty-free, perpetual, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt, publish, translate and distribute
such material (in whole or in part) worldwide and/or to incorporate it in other
works in any form, media or technology now known or hereafter developed for the
full term of any copyright that may exist in such material. End User also
permits any other end user to access, view, store or reproduce the material for
that end user’s personal use. End User hereby grants us the right to edit,
copy, publish and distribute any material made available on this Site by End
User. We hereby reserves the right to terminate its agreement with any End User
who repeatedly infringes on copyright rights upon notification to us by the
copyright owner.
The foregoing
provisions of this clause apply equally to and are for the benefit of Avani
Industries its subsidiaries, affiliates and its third party content providers
and licencors and each shall have the right to assert and enforce such
provisions directly or on its own behalf.
Indemnity
You agree to
defend, indemnify and hold harmless Avani Industries, its employees, directors,
officers, agents and their successors and assigns from and against any and all
claims, liabilities, damages, losses, costs and expenses, including attorney’s
fees, caused by or arising out of claims based upon your actions or inaction,
which may result in any loss or liability to us 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 User
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 User Agreement.
Termination
We may terminate this Agreement at any time.
Without limiting the foregoing, we shall have the right to terminate any
passwords or accounts of End User in the event of any conduct by End User which
we, in our sole discretion, consider to be unacceptable, or in the event of any
breach by End User of this Agreement. Our right to any Comments shall survive
any termination of this User Agreement. Any such termination of the User
Agreement shall not cancel your obligation to pay for the product already
ordered from the Site or affect any liability that may have arisen under the
User Agreement.
Limitation of
Liability and Disclaimers
The Site is provided without any warranties or
guarantees and in an “As Is” condition. You must bear the risks associated with
the use of the Site.
The Site
provides content from other Internet sites or resources and while we try to
ensure that material included on the website is correct, reputable and of high
quality, it cannot accept responsibility if this is not the case. We will not
be responsible for any errors or omissions or for the results obtained from the
use of such information or for any technical problems you may experience with
the Site.
This
disclaimer does not apply to any product warranty offered by the manufacturer
of the product as specified in the product specifications. This disclaimer
constitutes an essential part of this User Agreement. To the fullest extent
permitted under applicable law, we or our suppliers shall not be liable for any
indirect, incidental, special, incidental, consequential or exemplary damages,
including but not limited to, damages for loss of profits, goodwill, use, data
or other intangible losses arising out of or in connection with the Site, its
services or this User Agreement.
Without
prejudice to the generality of the section above, the total liability of
Avaniindustries.in to you for all liabilities arising out of this User
Agreement is it in tort or contract is limited to the value of the product
ordered by you. Avani Industries, their associates and technology partners make
no representations or warranties about the accuracy, reliability, completeness,
correctness and/or timeliness of any content, information, software, text,
graphics, links or communications provided on or through the use of the Site or
that the operation of the Site will be error free and/or uninterrupted.
Consequently, we assume no liability whatsoever for any monetary or other
damage suffered by you on account of the delay, failure, interruption, or
corruption of any data or other information transmitted in connection with use
of the Site; and/or any interruption or errors in the operation of the Site.
Site Security
You are
prohibited from violating or attempting to violate the security of the Site,
including, without limitation, (a) accessing data not intended for you or
logging onto a server or an account which you are not authorized to access; (b)
attempting to probe, scan or test the vulnerability of a system or network or
to breach security or authentication measures without proper authorization; (c)
attempting to interfere with service to any other user, host or network,
including, without limitation, via means of submitting a virus to the Site,
overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” (d) sending
unsolicited email, including promotions and/or advertising of products or
services; or (e) forging any TCP/IP packet header or any part of the header
information in any email or newsgroup posting. Violations of system or network
security may result in civil or criminal liability. Avaniindustries.in will
investigate occurrences that may involve such violations and may involve, and
cooperate with, law enforcement authorities in prosecuting users who are
involved in such violations. You agree not to use any device, software or
routine to interfere or attempt to interfere with the proper working of this
Site or any activity being conducted on this Site. You agree, further, not to
use or attempt to use any engine, software, tool, agent or other device or
mechanism (including without limitation browsers, spiders, robots, avatars or
intelligent agents) to navigate or search this Site other than the search
engine and search agents available from Avaniindustries.in on this Site and
other than generally available third party web browsers (e.g., Netscape
Navigator, Microsoft Explorer).
MISCELLANEOUS
Force
Majeure:Without prejudice to any other provision herein, we will not be liable
for any loss, damage or penalty as a result of any delay in or failure to
deliver or otherwise perform hereunder due to any cause beyond the our control,
including, without limitation, acts of the End User, embargo or other governmental
act, regulation or request affecting the conduct of Avaniindustries.in ‘s
business, fire, explosion, accident, theft, vandalism, riot, acts of war,
strikes or other labor difficulties, lightning, flood, windstorm or other acts
of God.
Entire Agreement:
This Agreement and any operating rules for the Website established by
Avaniindustries.in constitute the entire agreement of the parties with respect
to the subject matter hereof.
Waiver: No
waiver by either party of any breach or default hereunder is a waiver of any
preceding or subsequent breach or default. The failure of either party to
exercise any of its rights under this Agreement shall not be deemed a waiver or
forfeiture of such rights or any other rights provided hereunder.
Headings: The
section headings used herein are for convenience only and shall be of no legal
force or effect.
Severability:
If any provision of this Agreement is held invalid by a court of competent
jurisdiction, such invalidity shall not affect the enforceability of any other
provisions contained in this Agreement and the remaining portions of this
Agreement shall continue in full force and effect.
Governing
Law: This Agreement will be governed by laws of India, subject to the Courts in
Delhi, without reference to conflict of laws principles, if any.
Payment
Decline: 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.
8. Product Usage: The Tapes and Adhesives are being imported by our vendors from Walker Tape. Though the products are specifically made for fixing wigs and are certified by Walker Tape. In case of any allergic reaction, Please discontinue using the product and consult your doctor. At any point Avaniindustries.in will not be responsible for any damage