This document is an electronic record in terms of The
Information Technology Act, 2000 ( "IT Act") and rules there under,
and is published in accordance with the provisions of Rule 3 (1) under the IT
Act which mandates for publishing of rules and regulations, privacy policy and
terms of use for access or usage of the Website and Mobile application. This
electronic record is generated by a computer system and does not require any
physical or digital signatures.
COMPANY Online ("Website and Mobile application")
is an online selling channel of Agra Stone Handicraft Producer Company Limited.
having its office at B-23, 1/10 Panchkuian Agra, Pin 282001 Uttar Pradesh,
India.
Your use/access of the Website and application, its related
sites and hyperlinks, shall be governed by the terms and conditions, policies,
rules of Agra Stone Handicraft Producer Company Limited ("Terms")
posted on the Website and Mobile application from time to time. These Terms
applies to all users (whether Registered User or Guest User) of the Website and
Mobile application.
Please read the Terms and conditions very carefully before
using the Website and Mobile application as your use of the Website and
Application is subject to your acceptance of and compliance with the Terms. If
you do not agree or are not willing to be bound by the terms and conditions of
this User Agreement and any Rules and Policies of Agra Stone Handicraft
Producer Company Limited, please do not click on the " I Accept"
button/check box and the "Continue" button or "Pay Now"
button and do not subscribe or seek to obtain access to or otherwise use the
Website and application.
By subscribing to or using the website and application or
any of our services through the Website and application you agree that you have
read, understood and are bound by the Terms, Policies, directions of Agra Stone
Handicraft Producer Company Limited regardless of how you subscribe to or use
the Website and application. This Agreement comes into effect upon your
"Acceptance" of these terms and conditions ("Terms")
however Agra Stone Handicraft Producer Company Limited at its sole discretion
reserves its right not to accept a User from registering on the Website and
application without assigning any reason thereof.
DEFINITION
"Agreement" means the terms and conditions as
detailed herein including all schedules, appendices, annexure, Privacy Policy,
Disclaimer and will include the references to this Agreement as amended,
novated, supplemented, varied or replaced from time to time.
"You"/ "User" shall mean the end user
accessing the Website and Mobile application, its contents and using the
services offered through the Website and Mobile application.
"Company Online"/ "we"/ "us"/
"our" shall mean Agra Stone Handicraft Producer Company Limited Limitedor
its franchisees, service providers, successors and assigns "Site"
means the online shopping platform owned and operated by Agra Stone Handicraft
Producer Company Limited Private Limited
("https://www. agrastonehandicraft.com/
"), which provides a venue to the users of agrastonehandicraft.com to buy
the Products listed on Site
"You"/ "User" shall mean the end user
accessing the Website and Mobile application, its contents and using the
services offered through the Website and Mobile application.
"Customer"/"Buyer" shall mean the person
or any legal entity who access the Website and application and places an order
for and or purchases any products /services against the invitation of an offer
for sale of products/services on the Website and application.
"Acceptance" shall mean your affirmative action in
clicking on "check box"™ and on the "continue button as provided
on the registration page or clicking on
"Pay Now" button while transacting as a User or
such other actions that implies your acceptance.
"Product" shall mean the Products offered for sale
on the website and mobile application from time to time.
"Delivery" shall mean the physical delivery of
goods under your order placed with us
"Price" means the price communicated at the time
of order and confirmed by us
"Payment Facility" shall mean the applicable mode
of payments made available to the User from time to time.
"Content" means all text, graphics, user
interfaces, visual interfaces, photographs, trademarks, logos, sounds, music,
artwork and computer code collectively By impliedly or expressly accepting this
User Agreement, Policies and Terms, You also accept and agree to be bound by
Rules, Policies and Terms of Reliance as provided from time to time in its
Website and application and corresponding hyperlinks.
PURCHASE
1) Registration and Submission of personal details:
You can use the services offered by the Website and Mobile
application as a "Registered User". As part of the registration
process on the Site, COMPANY Online may collect certain personally identifiable
information about you including first and last name, email address, mobile
phone number and contact details, Postal code, Demographic profile (like your
age, gender, address etc.) and information about the pages on the site you
visit/access, the links you click on the site, the number of times you access
the page and any such browsing information.
As a Registered User, you are responsible for maintaining
the confidentiality of your user id and password. You are also responsible for
maintaining the confidentiality of your email id and mobile number and for any unauthorized
access to your mobile, tab; computer, computer system and computer network, and
you are responsible for all activities that occur under your user id and
password, email id and mobile number as the case may be. You agree to maintain
and promptly update all data provided by you and to keep it true, accurate,
current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete or we have reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete, or not
in accordance with the Terms, we have the right to indefinitely suspend or
terminate or block access of your user account with the Website and application
and refuse to provide you with access to the Website and application.
We will collect personally identifiable information about
you only as part of a voluntary registration process, on-line survey, or
contest or any combination thereof.
2) User's Liability:
The User hereby affirms that the information provided by
them is true, correct and complete to the best of their knowledge and belief.
The User agrees and understands that they will be solely responsible in the
event of any inaccuracy or deviation therefrom at a later stage.
You agree to comply with all applicable laws in connection
with your use of the Website and Mobile Application, and such further
limitations as may be set forth in any written or on-screen notice from us.
To register with & shop with Company you must be
eighteen years of age or over. Our website and application are not directed to
children under the age of 18. If we become aware that a child and/ or customer
is under the age of 18 and has registered or using our Website and Mobile
application, we are entitled to remove their account from our system and cancel
any order placed by them.
You agree and undertake 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 and Mobile application. Reproduction, copying of the
content for commercial or non-commercial purposes and unwarranted modification
of data and information within the content of the Website and Mobile
application is not permitted.
You agree and undertake not to display, upload, modify,
publish, transmit, update or share any information that:
1. belongs to another person and to which you do not have
any legal right
2. is grossly harmful, harassing, blasphemous, defamatory,
obscene, pornographic, invasive of another's privacy, hateful, or racially,
ethnically objectionable, disparaging, relating or encouraging money laundering
or gambling, or otherwise unlawful in any manner what so ever;
3. Harm minors in any way;
4. infringes any patent, trademark, copyright or other
proprietary rights or third party's trade secrets or rights of publicity or
privacy;
5. Violates any law for the time being in force;
6. impersonate another person
7. contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality of
any computer resource; or contains any Trojan horses, worms, time bombs,
cancelbots, Easter eggs or other computer programming routines that may damage,
detrimentally interfere with, diminish the value of, surreptitiously intercept
or expropriate any system, data or personal information.
You, as a Buyer, understand that upon initiating a
transaction you are entering into a legally binding and enforceable contract
with COMPANY Online to purchase the products and /or services from COMPANY
Online and pay the transaction price to COMPANY Online using the appropriate
Payment Facility. You, as a Buyer, understand that all payment facilities may
not be available in full or in part for a certain category of products and
certain locations and hence you may not be entitled to use that Payment
Facility in respect of the transactions for those products or locations.
3) Availability of Website and Mobile application and its
services:
This Website and application is controlled and operated by Agra
Stone Handicraft Producer Company Limited from Agra and Agra Stone Handicraft
Producer Company Limited makes no representation that the materials are
appropriate or will be available for use in other locations. If you use this
website from outside India, you are entirely responsible for compliance with
all applicable local laws.
Agra Stone Handicraft Producer Company Limited website and
application offers several products, services, content and various other
functionalities (collectively the "Services") to specific regions
worldwide. The Services offered in one region may differ from those in other
regions due to availability, local or regional laws, shipment and other
considerations. COMPANY Online does not make any warranty or representation
that a user in one region may obtain the Services from the COMPANY Online site
in another region and Reliance may cancel a user's order or redirect a user to
the site for that user's region if a user attempts to order Services offered on
a site in another region.
Information that COMPANY Online publishes on the India Web
may contain references or cross-references to COMPANY Online products, programs
and services that are not announced or available in your country. Such
references do not imply that COMPANY Online intends to announce such products,
programs or services in your country. Consult your local COMPANY Online business
contact for information regarding the products, programs and services that may
be available to you.
4) Access to Website:
We will do our utmost to ensure that the availability of the
website and application will be uninterrupted and that transmissions will be
error-free. However, due to the nature of the Internet, this cannot be
guaranteed. Also, your access to the website and application may also be
occasionally suspended or restricted to allow for repairs, maintenance, or the
introduction of new facilities or services at any time without prior notice. We
will attempt to limit the frequency and duration of any such suspension or
restriction.
5) Permission to access the website and Mobile application:
COMPANY Online grants you limited, revocable permission to
access and make personal use of this Website and application, but not to
download or modify it, its Contents or any portion of it, except with express
written consent of COMPANY Online. This permission does not include any resale
or commercial use of this website and application or its contents; any
collection and use of any product listings, descriptions, or prices; any
derivative use of this website and application or its contents; any downloading
or copying of account information for the benefit of another seller; or any use
of data mining, robots, or similar data gathering and extraction tools.
The use of the Website and application and its Content
grants no rights to you concerning any copyright, designs, trademarks and all
other intellectual property and material rights relating to the Content.
Including the content but not limited to the design, structure, selection,
coordination, expression, "look and feel" and arrangement of such
Content, contained on the Website and Mobile application are original to Agra
Stone Handicraft Producer Company Limited and are owned and controlled or
licensed by us, and are protected by trade dress, copyright, patent and
trademark laws, and various other intellectual property rights.
Except as expressly provided in Terms of Use, no part of the
Website and application and no Content may be copied, reproduced, republished,
uploaded, posted, publicly displayed, encoded, translated, transmitted or
distributed in any way (including "mirroring") to any other computer,
server, website and application or another medium for publication or
distribution or any commercial enterprise, without our express prior written
consent.
6) Applicability of Terms:
You will be subject to the policies, conditions and Terms of
use in force at the time that you use the website and application or that you
order goods from us unless any change to those policies or these conditions is
required to be made by law or government authority (in which case it will apply
to orders previously placed by you).
7) Communications:
When you place an order on our Website and application or
send e-mails to us, you are communicating with us electronically so you must
provide a valid mobile phone number/email address and your address while
placing an order with us. We may communicate with you by e-mail, SMS, phone
call or by posting notices on the Website and application or by any other mode
of communication. For contractual purposes, you consent to receive
communications including SMS, e-mails or phone calls from us with respect to
your order.
Your Obligations:
You shall
1. Not acquire any ownership rights by downloading material
/Contents from this website and Mobile Application.
2. Read the Terms and policies of website and Mobile
application and agree to accept the Terms before use of Website and
application.
3. Abide by the Terms and Policies of Website and Mobile
application.
4. Neither copy nor modify the Contents of the website and
Mobile application nor use the Website and Mobile application for commercial
purposes.
5. Purchase the product(s) from this Website and application
for your internal/personal purpose and not for resale by you or any other
person.
6. Comply with all applicable laws in connection with your
use of the Website and application, and such further limitations as may be set
forth in any written or on-screen notice from us.
7. Not refuse to accept the delivery of the Products under
your order upon delivery except for damages and deficiencies.
8. Authorize us to declare and provide a declaration to any
governmental authority on your behalf stating the aforesaid purpose of the
products ordered by you on the website and Mobile application.
8) Products/Services:
All products/services and information displayed on the
Website and Mobile application constitute an "invitation to offer".
Your order for purchase constitutes your "offer". All orders placed
by you on the Website and Mobile application are subject to availability and
acceptance by us and conditional on your acceptance and adherence to these terms
and conditions.
9) Our Contract:
Your order is an offer to us to buy the product(s) in your
order. We will confirm our acceptance of your offer either through an e-mail /
SMS or through shipment of the items you requested. Upon placing an order, you
will receive an e-mail confirming receipt of your order with details (the
"Order Confirmation E-mail"). The Order Confirmation E-mail is an
acknowledgement that we have received your order and does not confirm
acceptance of your offer to buy the product(s) ordered. Our acceptance of your
offer takes place and the contract of sale for a product ordered by you
concludes only upon actual dispatch of products to you and an e-mail
confirmation in that regard is sent to you (the "Dispatch E-mail").
We, at our sole discretion, reserve our right to limit the quantity of items
and cancel any order, even after acceptance.
COMPANY Online has the complete right to accept or reject an
order placed online. No act or omission of COMPANY Online prior to the actual
dispatch of the product(s) ordered will constitute an acceptance of your offer.
You agree not to dispute the decision of COMPANY Online in this regard.
10) Delivery/Shipment of Product:
Delivery of the Products under your Order in the Website and
Mobile application shall be made as per our Delivery/shipment policy mentioned
herein. Title of the Product shall pass on to you upon receipt of payment.
11) Exactness / Accuracy of product:
We have made significant efforts to accurately display the colors
/dimensions /specifications of products that appear on the Website and Mobile
application. However, we do not warrant/guarantee that the product description
or other content of this Website and Mobile application is accurate, complete,
reliable, current, or error-free. The particular technical specifications and
settings of your computer and its display could affect the accuracy of its
display of the colors, dimensions, specifications of products offered on this
Website and Mobile application.
Copyright: All Content included on the website and Mobile
Application, such as text, graphics, logos, button icons, images, audio clips,
digital downloads, data compilations, and software, is the property of COMPANY
Online (Agra Stone Handicraft Producer Company Limited), its affiliates or its
content suppliers and is protected by the Intellectual Property Laws of India.
Trademarks: The trademark COMPANY Online, its logo and all
products and logos denoted with TM are trademarks owned or registered
trademarks of Agra Stone Handicraft Producer Company Limited or its affiliates.
Intellectual Property Claims: COMPANY Online and its
affiliates, or its content suppliers respect the intellectual property of
others. If you believe that your intellectual property rights have been used in
a way that gives rise to concerns of infringement, please write to us with your
concerns.
12) Disclaimer:
You acknowledge and undertake that you are accessing the
services on the Website and Mobile application and transacting at your own risk
and are using your best and prudent judgment before placing an order or
availing the services or entering into any transactions with us through our
Website and Mobile application. We shall not be held liable nor responsible for
any representations or warranties/guarantees of the products save and except
the limited manufacturer's warranty/guarantee on the respective Product is
assigned unto us and we hereby expressly disclaim and any all responsibility
and liability in that regard.
13) Severability:
If any of these Terms is deemed invalid, void or
unenforceable in whole or in part for any reasons, such invalidity or
unenforceability condition or part thereof will be deemed severable and will
not affect the validity and enforceability of any remaining condition or part
of such condition / Terms.
14) Amendments:
COMPANY Online reserves its right to amend the Website and
Mobile application, Policies, Conditions or Terms of use and at any time
without prior notice. All such updates and amendments shall be posted on the
Website and Mobile application and will be effective from the time of its
posting on the Website and Mobile application. You are advised to regularly
check for any amendments or updates to the terms and conditions contained in
this User Agreement, Terms and Policies.
15) Indemnification:
You agree to indemnify, defend and hold harmless us and
affiliates including employees, directors, officers, agents and their
successors and assigns 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 us arising out of your actions or inactions or result from your
breach of the Terms and Conditions herein or any document incorporated by
reference/hyperlink or infringement of intellectual property rights or your
violation of any law, rules or regulations or the rights of any third party.
You hereby expressly release COMPANY Online and/or its
affiliates and/or any of its officers and representatives from any cost,
damage, liability or other consequence of any of the actions/inactions of the
Manufacturers/Brand owners of the Products purchased through the website and
Mobile application and specifically waiver any claims or demands that you may
have in this behalf under any statute, contract or otherwise.
This clause shall survive the expiry or termination of this
Agreement.
16) Limitation on Liability:
In no event shall we or our affiliates be liable for any
special, indirect, 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 Website and Mobile
application, its services or this User Agreement whatsoever, whether in an
action of contract, negligence or other tortuous action.
PRICE & PAYMENT POLICY
1) Price Policy:
Prices and taxes thereon in respect of all products are
subject to change from time to time, without prior notice by COMPANY Online. We
strive to provide you with the best prices possible on our Website and
application. All the products listed on the Website and application will be
sold at Indian Rupees either at Maximum Retail Price ( MRP) (inclusive of all
taxes) or an Offer/discounted price with taxes unless otherwise specified. The
prices mentioned at the time of ordering will be the prices charged to you on
the date of delivery. Although prices of most of the products do not fluctuate
on a daily basis, some of the commodities and fresh food products prices do
change on a daily basis. In the case of products such as Fresh Food, the
delivered weight may have variance and the product will be billed accordingly
on the actual weight.
There may be cases where M.R.P. of the product delivered is
different from the M.R.P. quoted/reflected on the Website and application due
to various reasons including time lag in updating prices post changes in M.R.P.
or product belonging to a different batch or different M.R.P.s being used by
manufacturers in different regions.
Despite our best efforts, there may be an instance of
mispricing of items in our catalogue/offer on the Website and application.
However, we verify prices as part of our dispatch procedures. If a product'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, you may return at the time of delivery or we may not supply the product
unless the problem gets resolved and if you do not want to purchase the Product
at such a higher price we shall cancel your order and refund you the amount
paid by you for such cancelled transaction as per existing refund policy.
Our online price may not match with the offline price at the
store. You shall not raise any dispute on the same.
2) Payment Policy:
COMPANY Online offers you multiple payment options both
online and offline however COMPANY Online reserves its right to add or delete
any mode of payment without any prior notice.
A. Offline Payment Mode:
Cash on Delivery (COD)
- Buyer needs to make payment in cash to the delivery person at the time of
receipt of delivery of the Products at its delivery location.
Card on Delivery: A
mobile EDC machine may be made available at your doorstep to facilitate payment
by Credit / Debit Card. However due to prevailing network conditions in your
area or any technical glitch in the equipment or due to any other reason, if
the EDC terminal is not able to collect the payment, you shall make payment by
cash.
In cases where payment is attempted but remains unsuccessful
and a successful charge slip does not get generated, you shall make the payment
in cash for that particular order. In certain cases, though you may receive a
payment confirmation SMS from your bank, the amount generally gets reversed in
the same account. You may raise the incident with the customer care number on
the back of the card to reverse the amount in case of unreasonable delay, COMPANY
Online will not be responsible for such failed attempts due to any network or
technical reasons. We on our part, upon request of the customer, after due
verification with our back end team may give a written confirmation of the
nonreceipt of payment for you to appropriately take up with the card-issuing
bank.
B. Online Payment Mode:
i. Credit Cards
ii. Debit Card
iii. Net Banking
iv. Wallet Payment
v. UPI Payments
Acceptance:
We accept payments made by most of the major credit/debit
cards issued in India. Acceptance of card payment is at the sole discretion of COMPANY
Online and you may be asked to submit a copy of photo identity proof too.
However COMPANY Online reserves its right to deny acceptance of card payment
without any prior notice. We don't accept internationally issued credit/debit
cards and certain cards issued by banks in India too.
Order:
You can place your order with us either on our Website and
Mobile application or over the phone and choose any of our payment modes made
available to you. In case of payment to be made offline, the Buyer needs to pay
the invoice amount in cash/coupon/card at the time of delivery of the Product
at its doorstep/preferred location.
Orders will be processed for shipment/delivery upon
selection of your preferred delivery location, date and time and confirmation
by us. COMPANY Online may change the maximum order value of COD and
items/locations available for COD without prior intimation.
Payment:
While availing any of the payment method/s available on the
Website and Mobile application, we will not be responsible or assume any liability,
whatsoever in respect of any loss or damage arising directly or indirectly to
you due to:
B. Online Payment Mode:
i. Lack of authorization for any transaction/s, or
ii. Exceeding the present limit mutually agreed by you and
your issuing bank, or
iii. Any payment issues arising out of the transaction, or
iv. Decline of transaction for any other reason/s
COMPANY Online reserves its right to change the price of any
product on the Website and Mobile application at any time without any notice.
Prices stated at the time of an order is placed shall apply with respect to
that order.
All payments made against the purchases of products on the
Website and application by you shall be in Indian Rupees only. Website and
Mobile applications will not facilitate transactions with respect to any other
form of currency with respect to the purchases made on the Website and Mobile
Application.
You represent and confirm that the credit/debit card that is
being used is yours or that you have been specifically authorized by the owner
of the credit/debit card to use it. You further agree and undertake to provide
the correct and valid credit card details to carry out a transaction on the
Website and application. All credit/debit cardholders are subject to validation
checks and authorization by the card issuer. If the issuer of your payment card
refuses to authorize payment to us, we will not be liable for any delay or
non-delivery.
In case of payment made online, before shipping / delivering
your order to you, we may request you to provide a copy of the photo identity
proof document as acceptable to COMPANY Online to establish your 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.
COMPANY Online reserves the right to impose limits on the
number of transactions that COMPANY Online may receive from an individual valid
credit/debit/ valid bank account and reserves the right to refuse to process
transactions exceeding such limit.
COMPANY Online reserves its right to refuse to process
Transactions by Buyers with a prior history of questionable charges including
without limitation breach of any agreements by the buyer with COMPANY Online or
breach/violation of any law or any charges imposed by bank or breach of any
policy. COMPANY Online may do such checks as it deems fit before approving the
buyer's order ) for security or other reasons at the discretion of COMPANY
Online. As a result of such check, if COMPANY Online is not satisfied with the
creditability of the Buyer or genuineness of the transaction, it will have the
right to reject such order. COMPANY Online may delay dispatch or cancel any
transaction at its sole discretion, if COMPANY Online is suspicious of any
Buyer's authenticity or activity or if the Buyer is conducting high transaction
volumes, to ensure the safety of the transaction.
In cases where the payment of an online order does not get
successfully communicated to our system due to any network or technical issue
between intermediary, bank or payment gateway, the order shall not be processed
and a refund will be initiated for the same. However in an unsuccessful
attempt, if the customer’s account gets debited, such amounts generally get
auto reversed in the same account. However, COMPANY Online shall not be held
responsible for such amounts debited in unsuccessful attempts and customers can
raise reversal requests with their bank should there be any unreasonable delay
in refund.
Buyer acknowledges that COMPANY Online will not be liable for any damages, interests, claims etc. resulting from not processing a transaction or any delay in processing a transaction that is beyond the control of COMPANY Online.