Terms & Conditions
1. Introduction:
- The domain http://www.agashestore.com including any web-pages thereof is the website (“Website”) of AGASHE LLP (hereinafter “AGASHE”, “we”, “us” or “our”) having its Registered Office at 845, Ghitorni, MG road, Delhi-110030
- Through the Website, we intend to sell our original merchandise including but not limited to clothing, footwear, accessories, jewellery, etc., designed or created by various designers.
- Your access to the Website is subject to these terms and conditions (“Terms”) set out hereinafter and the ‘Privacy Policy’, ‘Purchase Order Policy’, ‘Shipping and Delivery’, ‘Return and Exchanges’, ‘Payment Options’ or such other policies as may be introduced by AGASHE from time to time.
2. Acceptance of Terms:
- These Terms shall be deemed to have come into effect immediately.
Use of the Website is available only to persons who can form legally binding contracts under the Indian laws. All persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 cannot use the Website. For example, if your age is below 18 years or you are an undischarged insolvent, you are prohibited to use this Website or purchase any products from this Website or enter into any form of contract with AGASHE. The Website is also not available to persons whose Membership has been suspended or terminated by AGASHE for any reason whatsoever. - By using the Website or purchasing products from the Website through any computer resource including but not limited to mobile or tablet devices, you agree that you have read and understood these Terms, various policies and signify your acceptance to be bound by them in entirety.
- Except where additional terms and conditions are provided, which are product specific, these Terms shall supersede all previous representations, understandings, arrangements or agreements.
- If you have any queries about the Terms, various policies or have any comments, suggestions or grievances on or about our Website, please mail us your query at customercare@agashe.co.in.
3. Privacy Policy and Other Policies:
- By accessing the Website or sharing information on the Website, you permit AGASHE to use your information including personal or sensitive personal data/information (“Information”) as provided or may be provided to AGASHE and stored by the Website in electronic medium in connection with your visiting the Website or ordering products made available on the Website, etc. It is further clarified that the term “Information” shall also include any information made available to us by you at the time of registration, buying or listing process, in the feedback area, blog area or through any email feature or a written letter or form mailed or submitted to any of our Stores and/or Offices. We will protect your Information in accordance with our Privacy Policy.
- By accessing the Website or purchasing products from the Website through any computer resource including but not limited to mobile or tablet devices, you agree that you have read and understood the Privacy Policy. You further consent that the terms and contents of such Privacy Policy are entirely acceptable to you.
- In addition to the Terms and ‘Privacy Policy’, you shall also be legally bound by ‘Purchase Order Policy’, ‘Shipping and Delivery’, ‘Return and Exchanges’, ‘Payment Options’ or such other policies as may be introduced by AGASHE from time to time.
- AGASHE reserves the right to modify or update these Terms including any policy at any time without prior notice. Access to Website after any modification or revision of these Terms or any policy/policies shall also constitute your acceptance to be bound by such modified Terms or any policy/policies. If required by any Indian laws, the modified or revised Terms or any policy/policies shall be applicable to any products purchased prior to such modification or revision becoming effective.
- You acknowledge that these Terms, policy/policies including any modification(s) thereof constitute a valid contract between you and AGASHE, even though it is in electronic form and is not physically signed by you and AGASHE. Thus, you acknowledge and agree that by mere use of the Website, you shall be contracting with AGASHE and these Terms and various policies shall be automatically binding upon you.
- If Indian courts, for any reason, hold any of the condition of the Terms or policy/policies or any part thereof as invalid, void or unenforceable, to any extent or in any particular context, only such condition of the Terms or policy/policies or any part thereof shall be deemed to be severed/deleted only for such limited extent/context as determined by the Indian courts provided, however, that in such an event, these Terms or any policy shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by Indian laws, to the meaning and intention of the excluded condition of the Terms or policy/policies as determined by such Indian court and the validity and force of the remainder of this Agreement shall not be affected.
- Unless context otherwise require, all policies, whether in force presently or introduced subsequently, shall be deemed to be part of these Terms. In case of any conflict between Terms and any policy, the provisions of such policy shall prevail.
4. Limited Usage of Website:
- All intellectual property rights in the Website and the proprietary rights of the Website are owned by and/or licensed to AGASHE. It is further clarified that the Website including Information, all other contents on the Website such as software, images, audio, videos, photographs, graphics, text, description, logos, text, program, software, database, trademarks, icons, etc., are either owned by AGASHE or is licensed to AGASHE. You shall not use any intellectual property of AGASHE or AGASHE’s licensor in any manner without prior written permission from AGASHE or from the respective licensor.
- AGASHE grants you a limited, revocable and non-exclusive licence to access and make personal and non-commercial use of this Website, but not to download (other than page caching) or modify it, or any portion of it. It is clarified that the limited licence to access Website shall exclude:
- any commercial use or derivative use of this Website or its contents by you; or
- any extraction, reproduction, duplication, downloading or copying of any whole or part of the contents of Website including product(s) their descriptions and/or prices for any purpose by you; or
- any extraction, reproduction, duplication, downloading or copying in any manner, any Information, either in whole or in part, including account details of AGASHE’s employees/ customers/suppliers/designers/models for sale, resale or for the benefit of third parties by you; or
- any reverse engineering, distribution, transfer, transmission, publication, sale, resale, display or licensing any Information available on the Website by you.
- It is further clarified that any extraction, reproduction, duplication, downloading, or copying of any content of the Website for commercial or non-commercial purposes or unwarranted modification of Information or content of the Website is not permitted.
- AGASHE reserves itself right to temporarily or indefinitely suspend or terminate your Membership and refuse to provide you with access to the Website without any liability if you make any unauthorised use of the Website or breach these Terms or any policy or violate any applicable Indian laws while accessing Website or purchasing products from AGASHE.
5. Access to Website:
- Website and/or any facilities made available on the Website, in whole or partially, may not be available from time to time for any reason including, without limitation, upgrading of the Website/technology, introduction of new product(s), computer resource repairs and Website maintenance, etc.
- In no event shall AGASHE be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
- use or the inability to use or delay in use of the Website;
- unauthorized access to or alteration of the user's transmissions or data;
- any other matter, 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;
- provision of or failure to provide access to Website or any information, products through the Website;
- 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 pursuant to directives from government authorities or for any reason whatsoever beyond AGASHE’s control.
- Interruptions in the Website shall not serve as a basis to terminate your subscription, purchase order or demand in full or partial refund of any payment made or any reductions in future payments to be made.
6. Changes to Website Contents:
- AGASHE, its consultants, contracted parties, technology partners make no representations or warranties about the accuracy, reliability, suitability, timeliness, upgradation and/or wholeness, of any content, graphics, images, information, software, text, audio, video, links or communications provided on or through the use of the Website or that the operation of the Website will be error free. While AGASHE uses reasonable efforts to keep the Website accessible and error free, AGASHE cannot guarantee the same.
- Changes are periodically made to the Website, product(s) and to the price/information/contents of the Website. AGASHE and/or its respective suppliers may make improvements and/or changes in the Website, product(s) at any time without any prior intimation or any liability to anyone.
7. User Account, Password, Security and Communication:
- Please ensure that the details provided to us during registration process for your user account or while placing an order as a guest are correct and complete.
- You are solely responsible for maintaining the confidentiality of your account and password.
- You agree to accept responsibility for all activities that occur under your account or password.
- You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
8. Review, Comments, Feedback, etc.:
- AGASHE invites you to provide your feedbacks, suggestions, convey ideas and other submissions (collectively “Views”) on the Website or by letters or emails as long as the same is not violating any Indian laws and is in accordance with these Terms.
- You agree that any Views submitted by you on the Website or otherwise, will be treated as non-confidential and non-proprietary.
9. Your Obligations:
- You agree and accept, inter alia, the following:
- To provide accurate and complete information whenever required.
- To use the Website only for lawful purposes and in a manner which does not infringe the rights of, restrict or inhibit the use and enjoyment of the Website by any third party.
10. Hyperlinks:
- Subject to these Terms, AGASHE hereby grants you a revocable, and non-exclusive right to create a hyperlink to the Home Page of the Website.
- You agree not to use any logo or other proprietary graphic as part of the hyperlink without express written permission.
11. Waiver:
- If you breach the Terms or any policy and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms or any policy.
12. Indemnity and Release:
- You shall, without any limitation, indemnify and hold harmless AGASHE, its subsidiaries, associates, consultants, contracted parties, etc., and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms or any policy/document incorporated by reference or your violation of any laws, rules, regulations or the rights of a third party.
13. Force Majeure:
- Neither party will be held liable for any loss or failure to perform any obligation (other than your payment obligation where you are still receiving all or part of any products purchased under these Terms), due to events such as storms, tsunami, fire, floods, earthquake, outbreak of any contagious diseases, or any other acts of God or any Governmental act, restrictive orders of any Government or industrial dispute(s), strikes, labour unrest, civil commotion, riots, terrorist attack, war, poor environment/weather conditions, mechanical break-down, obstruction of any public or private road/highway, of any circumstances (other than insolvency of the party) beyond any party’s reasonable control (“Force Majeure event”).
14. Governing Law and Jurisdiction:
- Terms and any policy shall be governed by and construed in accordance with the laws of Republic of India.
- You agree that any dispute or difference arising out of or in relation to the Terms shall be subject to the exclusive jurisdiction of the Courts at Mumbai, India.
15. Infringement of Intellectual Properties:
- The contents on the Website shall also contain information provided by AGASHE’s suppliers, fashion designers, vendors or other parties whose merchandise AGASHE invites you to purchase.
- The Website may contain references to trademarks, copyrights, or other proprietary rights, including those owned by third parties.
16. Notices and Communication:
- Any notice to AGASHE under this Agreement may be delivered by prepaid post to the following address AG...
- All notices, requests, demands or other communications by you to AGASHE shall be effective only when actually received in full by AGASHE.