Terms of Service
This agreement is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This website (hereinafter referred to as the "Website") is owned and operated by Sara Silk Store, with its business address at 26, WH Hanumanthappa Rd, Kumbarpet, Huriopet, Gandhi Nagar, Bengaluru, Karnataka 560053 (hereinafter referred to as "Sara Silk Store", "we", "us", or "our").
Your use of the Website and its services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website, including the applicable policies which are incorporated herein by way of reference. If you transact on the Website, you shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, you shall be contracting with Sara Silk Store, and these terms and conditions, including the policies, constitute your binding obligations with Sara Silk Store.
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 buyer on the Website by providing registration data while registering on the Website as a registered user using the computer systems. Sara Silk Store allows the User to surf the Website or make purchases without registering on the Website. The terms "We", "Us", "Our" shall mean Sara Silk Store.
When you use any of the services provided by us through the Website, including but not limited to product reviews and seller reviews, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into these Terms of Use and shall be considered part and parcel of these Terms of Use. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time without prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
Accessing, browsing, or otherwise using the Website indicates your agreement to all the terms and conditions under these Terms of Use, so please read the Terms of Use carefully before proceeding. By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by our policies (including but not limited to the Privacy Policy) as amended from time to time.
Registration of User Accounts
Use of the Website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872, including minors and un-discharged insolvents, are not eligible to use the Website. If you are a minor, i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor, if you wish to use or transact on the Website, such use or transaction may be made by your legal guardian or parents on the Website. We reserve the right to refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.
You shall be responsible for maintaining the confidentiality of your username and password, and you shall be responsible for all activities that occur under your username and password. You agree that 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 these Terms of Use, we shall have the right to indefinitely suspend or terminate or block access to your membership on the Website and refuse to provide you with access to the Website.
Your mobile phone number and email address are treated as your primary identifiers on the Website. It is your responsibility to ensure that your mobile phone number and email address are up to date on the Website at all times. You agree that we shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your display name in cases where you have failed to update your revised mobile phone number and/or email address on the Website.
Intellectual Property
The rights, interests, and intellectual property rights in the names, logos, copyrights, and designs are owned by and vested with Sara Silk Store. Nothing contained on the Website should be construed as granting any license or right to use any intellectual property without our prior express written consent.
Communication
The entire communication with us is electronic. Every time you send us an email or visit our Website, you are communicating with us. You hereby consent to receive communications from us. If you subscribe to news on our Website, you will receive regular emails from us. We will continue to communicate with you by posting news and notices on our Website and by sending you emails. You also agree that all notices, disclosures, agreements, and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
Products
We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the Website. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products.
All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
In case the product offered is not as described on the Website, the final decision shall lie with us in case of any dispute. We have the right to refuse or cancel any orders placed for that product, unless the product has already been dispatched. We shall cancel the order and inform you of the cancellation, or contact you for instruction. Also, it should be noted that promotions cannot be combined with any other discount. One offer will be valid on one product unless stated otherwise.
Purchases and Payment
We accept payments via debit cards, credit cards, and net banking. Cash on Delivery is available for certain products as listed on the Website, subject to certain limitations. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
Appropriate taxes will be added to the price of purchases from time to time as required by us. We may change prices at any time. All payments shall be in INR. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. Products once shipped cannot be returned under any circumstances outside our Refund Policy; if product(s) are returned, the return shipping charges and import duties will be charged to the customer irrespective of the issue with the order.
Sara Silk Store reserves the right to refuse any order placed through the Website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Restricted Activities
The Website is exclusively owned by Sara Silk Store. Users of the Website shall restrict themselves from posting any content or images that:
- are grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially or ethnically objectionable, disparaging, or relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing, including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- are misleading in any way;
- are patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- harass or advocate harassment of another person;
- involve the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- promote illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libellous;
- provide material that exploits people in a sexual, violent, or otherwise inappropriate manner, or solicits personal information from anyone;
- contain video, photographs, or images of another person (a minor or an adult);
- try to gain unauthorized access to or exceed the scope of authorized access to the Website, or to profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Website, or solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
- interfere with another user's use and enjoyment of the Website or any other individual's use and enjoyment of similar services;
- refer to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other website, or violates the letter or spirit of these Terms of Use;
- violate any law for the time being in force;
- impersonate another person;
- contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource, or contain any trojan horses 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; or
- threaten the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence, or prevent investigation of any offence, or insult any other nation.
Sara Silk Store shall have all rights to terminate and restrict the access of any user who directly or indirectly engages in any of the aforesaid practices.
Responsibilities of Users While Reviewing
We may provide you areas on the Website to leave reviews or ratings. When posting a review, you must comply with the following criteria:
- You should have first-hand experience with an individual/entity before reviewing;
- your reviews should not contain offensive profanity, or abusive, racist, or hateful language;
- your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
- your reviews should not contain references to illegal activity;
- you should not be affiliated with competitors if posting negative reviews;
- you should not make any conclusions as to the legality of conduct;
- you may not post any false or misleading statements, or organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.
Indemnification
You will release, indemnify, defend, and hold harmless Sara Silk Store, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates, and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of:
- this agreement or the breach of your warranties, representations, and obligations under this agreement;
- the Website content or your use of the Website content;
- the products or your use of the products; or
- your violation of any provision of this agreement.
Due to your aforesaid actions, if Sara Silk Store is threatened with a suit or sued by a third party, Sara Silk Store may seek written assurances from you concerning your promise to indemnify us; your failure to provide such assurances may be considered by us to be a material breach of this agreement. You have sole responsibility to defend Sara Silk Store against any claim, but you must receive Sara Silk Store's prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this agreement or your use of the Website or products.
Availability of Service
We will endeavor to keep the Website operational at all times except for interruption due to maintenance and for introducing new features. Under certain circumstances, the Website may be down and/or may be prevented from running at optimum performance due to a scenario beyond our control. Such a measure shall account for a Force Majeure event, and we shall be excused from any and all obligations relating to the functioning of the Website while the Force Majeure event persists.
For the purpose of this agreement, the term "Force Majeure" shall be deemed to include any act, cause, or situation affecting the performance of the Website. In such a case, the Website and Sara Silk Store shall be excused from performing its obligations. Situations warranting Force Majeure include but are not limited to strikes, lock-outs, other industrial action, actual or threatened terrorist action, civil disorder, riot, crowd disorder, invasion, war, threat or preparation for war, fire, technical or power failure, software, hardware, or telecommunication or other network failures, interruptions, disruptions, or malfunctions, explosions, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural or physical disaster, or any legislation, regulation, rule, or ruling of government, court, or any competent authority.
Third-Party Websites and Content
The Website may contain (or you may be sent via the Website) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Website or any Third-Party Content posted on, available through, or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data-gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party.
Disclaimer of Warranties
Your use of the Website is at your sole risk. The Website and the products are offered on an "as is" and "as available" basis without any representation or warranties, express or implied, except otherwise specified in writing. Without prejudice to the foregoing, we do not warrant that this Website will be constantly available, or available at all, or that the information on this Website is complete, true, accurate, or non-misleading.
Sara Silk Store shall not be liable to you in any way in relation to the content of, or use of, or otherwise in connection with, the Website. We do not warrant that this Website; information, content, materials, products (including software), or services included on or otherwise made available to you through the Website; their servers; or electronic communications sent from us are free of viruses or other harmful components.
No advice or information, whether oral or written, obtained by you from this Website will create any warranty not expressly stated herein. You will be required to enter a valid phone number while placing an order on the Website. By registering your phone number with us, you consent to be contacted by us via phone calls, SMS notifications, and/or any other electronic mode of communication in case of any order, shipment, or delivery-related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
Limitation of Liability
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Website, even if we have been advised of the possibility of such damages.
Privacy
Sara Silk Store believes strongly in protecting user privacy and providing you with notice of use of data. Please refer to our Privacy Policy, incorporated by reference herein, which is posted on the Website.
Termination
These Terms of Use shall remain in full force and effect while you use the Website. Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Website (including blocking certain IP addresses) to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation. We may terminate your use of or participation in the Website, or delete your account and any content or information you posted, at any time, without warning, at our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Governing Laws
In case of any dispute, courts in Bangalore, Karnataka shall have jurisdiction. These Terms of Use, the Privacy Policy, and all other policies in force from time to time shall be governed by and construed in accordance with the laws of India ("Applicable Law") without giving effect to any principles of conflict of law. The Website and these Terms of Use are applicable in India only. The Website makes no representation that content on the Website is suitable for use outside India. Users accessing the content of the Website from outside India shall solely do so at their own discretion. We shall not be responsible or liable for any violation arising out of such usage whatsoever. The User, in the event of using the Website outside India, shall take full responsibility and liability for compliance with applicable local laws.
Entire Agreement
This agreement comprises the entire agreement between you and Sara Silk Store and supersedes any prior agreements pertaining to the subject matter contained herein.
Waiver
The failure of Sara Silk Store to exercise or enforce any right or provision of this agreement will not constitute a waiver of such right or provision. If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this agreement remain in full force and effect.
By using this Website or ordering products from this Website, you agree to be bound by all of the terms and conditions of this agreement.