TERMS AND CONDITIONS

THESE TERMS AND CONDITIONS OF USE, as amended from time to time (hereinafter referred to as the "TOU"), shall legally bind any person (such person is hereinafter referred to as "You" or "Your" or "Yourself" or "User") who browses, accesses or avails of any services offered on the iastra website at, www.iastra.in (hereinafter referred to as the "Website").


ACCESSING, BROWSING OR OTHERWISE USING SERVICES OFFERED ON THIS WEBSITE, INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOU. PLEASE REVIEW THIS TOU CAREFULLY BEFORE PROCEEDING.


In addition to this TOU, You will be governed and bound by all applicable Company policies and guidelines available on the Website, as amended from time to time. This TOU constitutes an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.


 

  1. E-COMMERCE WEBSITE

    1. The Website is owned, operated and maintained by ARJAY RETAIL (hereinafter referred to as the "Company" or "us" or "our" or "we"). The Company, through its Website, provides the User(s) with a technological medium through which the User(s) can conveniently select and purchase a selection of earbuds, headphones, speakers, sound bars and more [hereinafter referred to as the “Product(s)”] across identified geographies within India, subject of course to availability. Upon receipt of Your order(s) through the Website, the Company will arrange the delivery of the Product(s) to You (hereinafter referred to as the “Services”).

    2. Please note that the Company does not manufacture/produce any of the Product(s), or any part(s) thereof, sold by the Company through the Website.

 

  1. LICENSE FOR USING THE WEBSITE

    1. The Company grants You a limited, revocable, and non-exclusive license to access and use the Website provided that You accept and comply all applicable laws, this TOU and (where applicable) the Company’s policies and guidelines as amended from time to time at the sole discretion of the Company. At any event, the Company shall at all times have the right to refuse Your access or use of the Website for any reason whatsoever.

    2. It is solely Your responsibility to periodically review the terms and condition of the TOU. Your continued use of the Website will be considered as Your acceptance to such updates and changes, to the terms and conditions under the TOU.

    3. The Company reserves the right to temporarily suspend Your access to the Website at any point in time, without prior notice, to cater to regular maintenance.

  1. USER ACCOUNT

    1. You may access the Website and avail the Services (as defined here in above) either by registering an account on the Website or as a guest User of the Website unless otherwise specified.

    2. The User shall not disclose the sign-in credentials or such other information that may compromise the security of the User’s account with the Website. The User shall be solely responsible for preventing any unauthorised access or use of the User’s account. In any event, the User will be responsible and liable for any activity in connection with such User’s account on the Website, including without limitation, for any loss or expense that may be incurred by the Company in connection with such activity.

    3. The Company reserves the full discretion to suspend/terminate a User's Account, at any point of time, without prior notice, in any event of the unauthorised third-party access or upon disclosing the credentials by the User to any third-party and should a User misuse the Website or Services in an unlawful, abusive or in any other manner that the Company deems to be inappropriate or offensive.

  1. AGE RESTRICTIONS
    1. You should have completed 18 years of age and be competent to enter into a contract under Indian contract law. If You are under 18 years of age who is intending to avail the Services offered by the Company through the Website should do so only through Your legal guardian in accordance with applicable law. The Company assumes no responsibility or liability for any misrepresentation of Your age.


  1. DUTIES OF THE USER

    1. Your access or usage of the Website shall be subject to Your compliance with this TOU, the policies and guidelines of the Company (as amended from time to time) and applicable laws including all rules/regulations/guidelines framed thereunder.

    2. You are required to provide the Company with Your accurate information and ensure that such information is up to date. Your information will be relied on/used by the Company to render its Services. The Company shall neither be responsible nor be liable in any manner whatsoever, for any discrepancies in the information provided by You to Us.

    3. Should You fail to accept and comply with terms and conditions under this TOU, the policies and guidelines of the Company (as amended from time to time) and/or with applicable laws including any rules/regulations/guidelines framed thereunder, the Company may discontinue its Services to You and suspend or terminate Your access to the Website, at any time without any notice.


  1. COLLECTION OF INFORMATION AND PRIVACY

    1. The Company collects Your information for rendering its Service(s) and such information is treated as confidential by the Company. The Company’s latest Privacy Policy, as amended from time to time, shall govern the collection, storage, use or disclosure of Your information, whether Personal Information or otherwise, by the Company through the Website. At any event, all information collected by the Company shall be deemed to have been provided by You voluntarily for the purposes identified by the Company in the applicable policies and guidelines. Should You disagree with the Company’s latest Privacy Policy, or any part thereof, You are requested to forthwith stop accessing the Website or availing the Services of the Company.


  1. PROHIBITED USE OF WEBSITE

    1. You are permitted to use the Website only for lawful purposes.

    2. Any content shared, uploaded or otherwise made available by You through, or on, the Website shall:

  1. You shall not assist or cause any other person to decompile, reverse engineer, copy, change, market, convey, create any derivative work(s) or adaptation(s) based on, recreate or reproduce, in any form or manner, except as expressly provided for herein, the whole or any portion of the Website (including all information/data comprised therein), or to otherwise gain unauthorized access to the Website for any purpose whatsoever.


  1. AVAILABILITY PRICING AND TAXES

    1. The Company will list Product(s) that are available for sale through the Website; in any event, if certain Product(s) is unavailable, the Company will notify You of the same. The Company, through its Website, provides You with the estimated delivery timelines basis the delivery address provided by You. Whilst the Company will endeavor to complete delivery as per the estimated timeline, please note that such timelines are merely estimates and the Company does not guarantee adherence to such estimated timelines. At any event, You will be notified of any deviation from the estimated timelines.

    2. The price(s) shown to You at the time of placing Your order(s) are inclusive of all applicable taxes, duties, levies, cesses and any other applicable charges. You will be solely liable to bear all such applicable taxes, duties, cesses and any other applicable charges. Where the Company learns of the applicability of any additional taxes, duties, cesses or the like, post Your placing of the order, the Company reserves to right to call upon You to make such payment and where You refuse or fail to make such payment, the Company reserves the right to cancel Your order.


  1. PAYMENT MODES

    1. Payment is an integral part of an online shopping experience. The Company has made available to You an online payment gateway facility (that is offered by a third-party payment gateway service provider) to enable You to make payments for the Product(s) You purchase using net banking, credit/debit card, or any other mode acceptable to the Company and made available to You from time to time. Should You choose to avail this payment facility and You will be bound by the terms and conditions of the Company as well as that of the third-party payment gateway service provider(s) available at [Insert the link to the relevant terms of the third-party service provider]. You hereby agree to pay the Company in Indian Rupees (INR) as required for purchasing the Product(s) and/or availing any Service(s).

    2. Cash on Delivery (“CoD”): the Company may, at its sole discretion, make available the option for You to make payment by cash at the time of delivery of Your order. CoD can be availed only if Your locality/pin code is serviceable for CoD by Our delivery partners. We will strictly not accept any payments by way of Demand Draft, Cheques or any like instrument, it is strictly a cash-only payment method. Vouchers or any other like instruments, whether in electronic form or otherwise, cannot be used for CoD applicable orders.


  1. RETURN OF PRODUCT(S):

    1. Where the Product(s) delivered is different from the Product(s) ordered or the Product(s) are found to be tampered with, physically damaged and/or has missing parts or accessories, or is not in working conditions, You may return such Product(s) within 48 (forty-eight) hours of receipt of the same. Provided that, You provide the Company with adequate proof as deemed necessary by the Company in this regard.

    2. You should return the Product(s) unused, in their original packaging along with the original price tags, labels, packing, barcodes, user manual, warranty card and invoices, accessories, freebies and original boxes defined as “essentials”. If any Product(s) are returned without the essentials, the Product(s) shall not be accepted for return and shall be sent back to You. The return packages should be strongly and adequately packaged so that there is no damage of Product(s) during transit.

    3. The returned Product (s) are subject to verification and quality checks by the Company with the consonance and written approval of the manufacturer, in order to determine the legitimacy of the complaint or return by the User.

    4. Product(s) returned may be eligible for replacement only if the exact same Product(s) is in stock. If the Company is unable to procure the exact same Product(s), the Company will provide a refund after making deductions towards the costs incurred by the Company.

    5. You may NOT return the Product(s) purchased under the following conditions:

  1. Where any Product(s) are returned by You and accepted by the Company in compliance with the terms and conditions set forth hearing, the Company will initiate a refund for the Product(s) returned and such refund shall be made through the original payment mode/option availed by you at the time of purchasing the Product(s) returned. The Company does not provide any refund in cash, and accordingly, where the payments were received by the company in cash, the company shall issue a credit note or shall remit the refundable amount to Your bank account, provided that you furnish the requisite information for remitting the same to Your bank account, as requested by the Company in writing.

  2. The refund may take about 4 to 5 business days to reflect in your account, the company is not responsible for any delays that are not solely and directly attributable to the company. The refund amount shall include the Product cost, taxes, shipping charges and the courier freight charges that You have paid towards the Product(s).

  1. EXCHANGE AND CASHBACK:

    1. Exchange value of the device is subjected to the verification of condition of device during pickup. Bonus on Exchange of devices is applicable only for in-store purchase.

  1. CANCELLATION OF YOUR ORDER(S):

    1. Cancellation by the User: You may choose to cancel any order placed on the website, provided that the order is dispatched prior to Your cancellation of the same. The Company shall not be liable to cancel any order or any part thereof, after the same has been dispatched.

    2. Cancellation by the Company: The Company may, at its sole discretion, cancel any order placed by You for the following reasons:

At any event, the Company shall notify you as and when it exercises its discretion under this Section 11.2. Furthermore, the company shall not be liable in any manner whatsoever for exercise of its discretion under this Section 11.2.

 

  1. TERMINATION

    1. The Company reserves the right to terminate the services provided to any User without prior notice in the event of any default committed by User including but not limited to the breach of any Website applicable laws, policies, guidelines and conditions of the Companies’ service or Additional Terms or these Terms and conditions of Use and or the Privacy Policy (including any modifications, updates or additional notifications or instructions).  On such termination, the User’s information and other details shall be black listed by the Website and shall be taken into consideration whenever necessary.

    2. The Company will terminate the services provided to any User if it is required under any Website applicable laws. Without prejudice to the above the Company reserves its right to terminate the services if such provision of services to the Users is not economically viable for the Company. Users may choose to discontinue availing services and facilities provided through the Website by closing the User account with the Website.

    3. On termination of the User account, the User is not eligible to purchase Products or avail services on the Website. Once the User’s account is terminated, the contents, reviews, comments or other material posted on the Website by the User shall be removed by the Company.

    4. Post termination of the services provided to the User through the Website, the User’s personal information would reside in the Website’s database for a period of 180 days. It is also clarified that certain terms and conditions of the policies, guidelines and conditions of the Companies’ service or Additional Terms or these Terms and conditions and the Privacy Policy continue to be binding on the User and if any User by default or otherwise is found using or dealing with the Website post termination of the service provided through the Website, the User shall be prosecuted by the Company. The User shall be also liable to compensate the Company for any unauthorized use of the Website.

 

  1. WARRANTIES AND LIABILITY

    1. The Company warrants that the information and description of the Product(s) are consistent with the information and description provided by the manufacturer of the respective Product(s); that said, it may not be complete information and You are advised to procure information from the manufacturer of the Product where You require better particulars. The Company does not provide any guarantees or warranties in respect of the Product(s) sold through the Website, all guarantees or warranties are from the manufacturer of the Product(s). All claims or demands in respect of guarantees or warranties made by the manufacturer shall lie as against the manufacturer only and in no event shall the Company be responsible or liable in any manner whatsoever. Further, in this regard, You undertake and agree that where You have any disputes with the manufacturer regarding any guarantee or warranty claims, You agree not to arraign or implead the Company as a party to any legal proceedings against the manufacturer, but where You do arraign or implead the Company in any such legal proceeding, You agree to bear the expenses of the Company incurred in such legal proceedings.

    2. The Company does not guarantee that the Website is free from viruses or such other harmful materials, or that You will be provided with continuous, error-free or undisrupted access to the Website. Your usage of the Website shall be solely at Your own risk.

    3. The Company does not warrant that the Product(s) purchased through the Website are satisfactory or suitable for Your requirements or fit for any particular purpose or intended usage.

    4. The Company does not warrant that the online payment facility will be uninterrupted. Your online payments may be disrupted, blocked, restricted or reversed by Your financial service provider, or Your payments may not reach the Company for reasons not attributable to the Company, and in any such case, the Company shall not be responsible or liable for the fulfilment of Your order(s).

 

  1. COMMUNICATION

    1. When You visit to the Website, You are communicating with us electronically. You will be required to provide a valid phone number while placing any order(s) with us. We may communicate with You by e-mail, SMS, phone call or by posting notices on the Website 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(s).


  1. EVENTS BEYOND OUR REASONABLE CONTROL

    1. Notwithstanding anything contained in these Terms or elsewhere, the Company shall not be held responsible for any loss, damage to You if such loss, damage is attributable to a Force Majeure Event. A "Force Majeure Event"means any event that is beyond Companies’ reasonable control and includes, without limitation, fire, flood, explosion, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, terrorist attacks, war, acts of government, power failure, sabotage, computer hacking, unauthorized access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption. The Company may at any time, in its sole discretion and without advance notice to You, cease operation of the Website and distribution of the Product(s).


  1. INTELLECTUAL PROPERTY RIGHTS/TRADE MARK AND COPYRIGHTS

    1. In addition to Product(s) available, this Website also offers information and marketing materials. To the extent that the Company does create the content on this Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, "Material") are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Company. You acknowledge and agree that the Material is made available for limited, non-commercial, personal use only. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize our Website or any part of the Material for any purpose other than its intended purposes is strictly prohibited. Subject to the above restrictions under this Clause, the Company hereby grants You a non-exclusive, freely revocable, non-transferable access to view the Material on the Website.


  1. DISCLAIMER

    1. You, being User of the Website expressly agree that the use of the Website is at Your sole risk. The Website and the contents uploaded or provided or shared by other Users are made available to the User through the Website on an "AS IS" basis and "AS AVAILABLE BASIS" without any warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability or fitness for a particular purpose or the legality of the Product(s) listed or displayed or transacted to the extent permitted by Website applicable Indian laws and the Company does not accept any liability for any errors or omissions.

    2. The Company including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall not be liable in any manner with respect to the loss or damage incurred or suffered by You on account of virus attacks or bugs or other software or programmes that may be present or embedded while using or accessing the Website.

    3. The Company does not guarantee that the services provided through the Website will function without interruption or errors. The operation of the services may be interrupted due to maintenance, updates, or system failures, virus attacks, bugs or due to any other technical reasons or otherwise. Website disclaims all liability for losses or damages caused by any such interruption or errors in functioning. The Company also disclaims all liability for any malfunctioning impossibility of access or poor use conditions of the Website due to not applicable equipment, disturbances related to internet services, down time or otherwise.

    4. To the maximum extent permitted by Website applicable laws, the Company will have no liability related to User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.

    5. When the User deletes any kind of information the User must understand that the removed content may continue in backup copies.

    6. The Company will not be liable for any loss that You may incur as a consequence of unauthorized use of the Account or any service or materials, either with or without Your knowledge. The Company shall not be liable for any third-party Product, the advertisement available on e-mail or Website with respect to the third-party website or the Product(s) and services are for information purpose only.


  1. LIMITATION OF LIABILITY

    1. IN NO EVENT SHALL, THE COMPANY BE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, INCLUDING ANY PURCHASE MADE USING THE WEBSITE, AND EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.


  1. INDEMNITY

    1. You agree to indemnify and hold harmless the Company including its affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners from and against all actions, proceedings, claims, losses, damages and costs (including attorney fees) and other expenses suffered or incurred due to or attributable to or arising out of

  1. Violation of any Website applicable law

  2. Breach of the policies, guidelines and conditions of the Companies’ service or Additional Terms or these Terms or Privacy Policy (including any modifications or additional notifications or instructions)

  3. Infringement of any third-party rights. This Clause survives the termination of these Terms.


  1. WAIVER

    1. If You breach these terms and conditions under this TOU and we take no action, we will still be entitled to use our rights and remedies in any other situation where You breach these conditions.


  1. SEVERABILITY

    1. Each of the provisions in these Terms are severable and distinct from the others and if at any time one or more such provisions are or becomes invalid, illegal or unenforceable the validity, legality and enforceability of the remaining provisions of these Terms under this TOU shall not in any way be affected or impaired thereby.


  1. GOVERNING LAW AND JURISDICTION

    1. This TOU is governed by and construed under the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Bangalore, Karnataka.


  1. CONTACT US

    1. In case of any concerns or queries with respect to the Product(s), You may submit the same to Company at support@iastra.in