ACKNOWLEDGMENT

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. This user agreement (“Terms and Conditions” or “T&C” or “Terms” or “Agreement”) is between you (“you” or “End User” or “your” or “Buyer” or “Customer” or “Registered User”) and Abacus India Retail LLP (“Company” or “us” or “We” or “Studio Saksham”). This document is an electronic record in terms of Information Technology Act, 2000 and rules there under 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. Notwithstanding anything contained or said in any other document, if there is a conflict between the terms mentioned herein below and any other document, the terms contained in the present T&C shall alone prevail for the purposes of usage of the Site.

These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

YOUR INFORMATION

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

CHANGES TO THESE TERMS AND CONDITIONS

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time without any prior notice. We advise you to review our terms and conditions on your every visit to our website.

PRIVACY

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects you. Please read Our Privacy Policy carefully before using Our Service. Please visit https://studiosaksham.com/privacy-policy/ for more details.

ELECTRONIC COMMUNICATIONS

The communication is through e mails and electronic for any of our services. You consent to electronic communication with us for using any of our services. We could communicate through email, post on website, or any other services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The legal requirements would be in conformity with the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

INTELLECTUAL PROPERTY

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress Should not be used in connection with any product or service without the prior written consent of the Company.

USER ACCOUNTS

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service. You are responsible for all activities that occur under your User ID and Password.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

PRICES POLICY

The Company reserves the right to revise its prices at any time prior to accepting an Order. The tax rate applied and charged upon the order shall include a combined tax rate for both state-local tax or international tax rates in accordance with the address where the order is being shipped. The company reserves the right to collect or levy such taxes depending on the shipping address and We may also charge delivery Charges which may include postal charges or shipment charges etc, which may be applicable for your country.

Our shipping and processing charges are intended to compensate our company for the cost of processing your order, handling and packing the products you purchase and delivering them to you. For further information please refer to our Shipping & Payment Policy

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in Customs duties, increased shipping charges, higher foreign exchange costs, and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

PAYMENTS

All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards, or online payment methods (PayPal, for example).

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order. 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 so as to ensure a safe and a full proof online shopping environment for our users.

ORDER CANCELLATION

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to: Goods availability, Errors in the description or prices for Goods, Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

YOUR ORDER CANCELLATION RIGHTS

Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.

Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.

Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the product instructions, documents, and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should, therefore, take reasonable care of the purchased goods while they are in Your possession.

We will reimburse You no later than 30 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.

PROMOTIONS

Any Promotions made available through the Service may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

DELIVERY AND LOSS OF ITEM DURING TRANSIT

We do not guarantee the time period of delivery of the product and please follow the shipping policies of the section for other details.

Loss of item during the transact of the product being returned is not company responsibility and the loss will be borne by the company. For more information please refer to the return and exchange policies.

RETURN, EXCHANGE, AND REFUNDS

Our efforts are to deliver defect-free products but in the case where a product with a manufacturing defect is received shall be notified to the company within 24 hours. It is our sole discretion to decide whether the product is liable for return – exchange or not. 

The company holds the sole discretion to decide whether the refund is to take or not. Please review our return and exchange policies for more details.

AVAILABILITY, ERRORS, AND INACCURACIES

We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

“AS IS” AND “AS AVAILABLE” DISCLAIMER

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non- infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

LINKS TO OTHER WEBSITES

Our Service may contain links to third- party web sites or services that are not owned or controlled by the Company.

The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

TERMINATION

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

FORCE MAJEURE

Failure on the part of the company to perform any of its obligations and the non-furnishing of the Service, shall not entitle you to raise any claim against Abacus Retail India LLP (Studio Saksham) or be a breach hereunder to the extent that such failure arises from an event of Force Majeure.

If through force Majeure the fulfillment by either party of any obligation set forth in this Agreement will be delayed, the period of such delay will not be counted on in computing periods prescribed by this Agreement. Force Majeure will include any war, civil commotion, strike, governmental action, lockout, accident, epidemic or any other event of any nature or kind whatsoever beyond the control of the studio chinar that directly or indirectly hinders or prevents studio chinar from commencing or proceeding with consummation of the transactions contemplated hereby. You expressly agree that lack of funds shall not, in any event, constitute or be considered an event of Force Majeure.

SEVERABILITY

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and

interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

WAIVER

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

DISPUTES RESOLUTION

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

GOVERNING LAW

These Terms and conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India

This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

CONTACT US

If you have any questions about these Terms and Conditions, you can contact us:

By email: [email protected]

By phone number: +91 8828478055, +91 9664836003