Terms of Service

LEGAL ENTITY

AKAARO CLOTHING LLP ©
Registered at: F-344/2,FIRST FLOOR
LADO SARAI , NEW DELHI 110030, India
phone: +91 11 40701360

OVERVIEW

This website is operated by Akaaro Clothing llp (ACL) . Throughout the site, the terms “we”, “us” “our” AND "akaaro" refer to ACL.
ACL offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

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.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes.

Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any viruses or any code of a destructive nature.

 

RIGHT TO CHANGE

AKAARO reserves the sole right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions every time you purchase products from us or use our Web Site.

 

PRIVACY

We view protection of your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. If you object to our current Privacy Policy and your information being transferred or used in this way please do not use Website.

 

ELECTRONIC COMMUNICATIONS

When you use any of our Services, or send e-mails to us, you are communicating with us electronically. You by using our services consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through 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 inconformity 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 RIGHTS

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, AKAARO owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to AKAARO without obtaining authorization from it.

User shall not upload post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. AKAARO does not have any express burden or responsibility to provide the Users with indications, markings or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Site, User warrants that the owner of such material has expressly granted AKAARO the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other end user to access, view, store or reproduce the material for that end user’s personal use. User hereby grants AKAARO, the right to edit, copy, publish and distribute any material made available on the Site by the User. The foregoing provisions of Section 25 apply equally to and are for the benefit of AKAARO, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

 

TRADEMARKS

The Site contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of AKAARO protected by copyright as a collective work under the applicable copyright laws. AKAARO owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print / save copyrighted material for the User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of AKAARO and the copyright owner is permitted.

If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with AKAARO shall not be deemed to be in the public domain but rather the exclusive property of AKAARO, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of AKAARO, unless otherwise stated.

 

INTELLECTUAL PROPERTY RIGHTS COMPLAINTS

AKAARO respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes any Intellectual Property Right infringement, please address a complaint to the ‘Customer Care’ by way of an email as provided herein below.

 

USER RESPONSIBILITY AND REGISTRATION OBLIGATIONS

If you use the Website as Registered User, you agree that you are competent to contract within the meaning of the Indian Contract Act, 1872. AKAARO reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to its notice or if it is discovered that you are under the age of 18 years. You are solely responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter-alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by You as a Visitor or user of a third party site through which You access the Website. 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 User Agreement, AKAARO has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.

As a condition of purchase, the Site requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. You can opt-out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences. Please see our Privacy Policy for details. The offers made in any promotional messages sent via emails/SMS/MMS shall be subject to change at the sole discretion of AKAARO and AKAARO owes no responsibility to provide you any information regarding such change.

You undertake not to host, display, upload, modify, publish, transmit, update or share any information that is contained on the website that:
belongs to another person and to which you does not have any right to; is grossly harmful, harassing, blasphemous; defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. That in case it is found that you are in violation of these express conditions, you shall be solely responsible and shall face all legal consequences of the same by yourself and that AKAARO shall in no manner be held responsible for the same

That in case it is found that you are in violation of these express conditions, you shall be solely responsible and shall face all legal consequences of the same by yourself and that AKAARO shall in no manner be held responsible for the same.

 

BILLING

The price of our merchandise as mentioned on AKAARO.COM is the Maximum Retail Price (MRP) for the said product. Such MRP shall be inclusive of all local taxes as are applicable in India. Additional applicable taxes may be charged depending upon the destination where the order has to be shipped to. The tax rate applied and charged upon the order shall include combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. AKAARO reserves the right to collect taxes and/or such other levy/ duty/ surcharge that it may have to incur in addition to the normal taxes it may have to pay. We may also charge Delivery Charges which may include postal charges/ shipment charges etc. that may be applicable for your country.

 

GIFT CARD & CREDIT NOTE POLICY

Gift Cards bought on our website will be sent via email. Physical copy of Gift Cards bought online will not be sent separately.
Gift Cards bought in INR currency in shop or on our web boutique can be redeemed only on the website and our studio shop in New Delhi.
Gift Cards can also be bought in USD and GBP currency on web boutique. These Gift Cards can only be redeemed on the web boutique and not in shops.
Gift Cards cannot be used towards buying additional Gift Cards and cannot be redeemed for cash or credit voucher/credit note.
Gift Cards cannot be purchased using credit voucher/credit note issued either by shops or on our web boutique
Gift Cards can only be redeemed in the same currency in which they are bought (i.e. You can only redeem USD or GBP Gift Card when shipping outside India and INR Gift Card when shipping within India).

Gift Card value can be partially redeemed in multiple transactions, on both our web boutique and studio shop using the same code.
In case of order value exceeding the Gift Card amount, the outstanding balance must be paid by Debit Card/Credit Card/Net Banking or PayPal (for international transactions).

Credit Notes are only issued in studio shop. These can be redeemed at the studio shop as well as on our web boutique.
Multiple Gift Cards and Credit Notes CAN be applied or used in combination with each other in our shops and web boutique (online).
To redeem a Credit Note against an online order(s), please sign into the account associated with the customer in whose name and email address the credit note has been issued.

In shop, Credit Note can be redeemed by the customer whose name and email address it was issued in.
With effect from April 1st, 2020, Credit Notes will be valid for 6 months from the date of issue.

Any Credit Note issued prior to April 1st, 2020, will be valid till 30th Sep, 2020(i.e. 6-months from April 1st).

AKAARO shall not be held responsible for any Gift Card being lost or stolen or redeemed without owner’s permission.
With effect from January 1st, 2020, Gift Cards will be valid for 2 years from the date of purchase.

Gift Card & Credit Note Policies are subject to change at any time without prior notice.

 

ORDER CANCELLATION BY AKAARO

Due to unavoidable circumstances there may be times when certain orders having been validly placed may not be processed or capable of being dispatched. AKAARO reserves the exclusive right to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card/ debit card/ any other mode of payment has been charged, the said amount will be reversed into your Account/ as the case may be to the source of the payment within a period of 30 working days. Any type of voucher used in these orders shall be returned and made available to the user in case of cancellation by AKAARO.

 

SHIPPING & PROCESSING FEE

Our shipping and processing charges are intended to compensate AKAARO 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.

 

PAYMENT

While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you including but not limited to the following: (a) lack of authorization for any transaction/s; (b) or exceeding the preset limit mutually agreed by you and between your “Bank/s”; (c) or any payment issues arising out of the transaction; (d) or decline of transaction for any other reason/s.

All payments made against the purchases/services on AKAARO.COM by you shall be as against the MRP displayed on the website and shall be in terms and conditions of the third party Online Payment Gateway Services as adopted and applicable to your transaction as approved by AKAARO. 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 fool proof online shopping environment to our users.

AKAARO may employ PayPal and such other third party facilities, for Payments on the Website. Such payments can be made through the electronic or through Cash on delivery transactions, as may be permitted by AKAARO which shall be at its sole discretion. Use of such third party services will be governed by their User Agreement, Seller Terms, Conditions and other rules and policies as may be required and applicable for your nature of activities.

 

DELIVERY

AKAARO endeavors but does not guarantee delivery of products in the stipulated time period as mentioned on the purchase of the product. In no manner can the contract be repudiated if AKAARO fails to deliver any one or more products in the stipulated time frame. However, if you fail to take the delivery of the goods, AKAARO may at its discretion charge you for additional shipping cost.

 

LOSS IN TRANSIT

AKAARO endeavors but does not guarantee delivery of products in the stipulated time period as mentioned on the purchase of the product. In no manner can the contract be repudiated if AKAARO fails to deliver any one or more products in the stipulated time frame. However, if you fail to take the delivery of the goods, AKAARO may at its discretion charge you for additional shipping cost.

 

REFUNDS & RETURNS

AKAARO shall make all endeavours to deliver defect free products to the purchasers. AKAARO does not take title to any returned items purchased by the user unless the item is received by AKAARO. Any item purchased on our website does not qualify for any return unless the product delivered is damaged or has manufacturing defects. The defective and/or damaged goods so received shall be communicated to AKAARO within 48 hours of its receipt. Any communication received after 48 hours of delivery shall not qualify for return unless expressly covered by the product warranty even in case the said product has been wrongly delivered.

AKAARO holds the sole discretion to determine whether a refund can be issued. For further information please read our Returns & Exchanges Policy.

 

PRODUCT DESCRIPTIONS

Products displayed on AKAARO attempts to be as accurate as possible. However, AKAARO does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product offered by AKAARO is not as described, your sole remedy is to contact AKAARO within 48 hours of receipt and AKAARO reserves the right to provide a solution as per its discretion. AKAARO is not liable to issue any refunds or allow exchanges and/or returns as a matter of policy.

 

PRODUCT COMPLIANCE

Products displayed/ sold on the AKAARO website are manufactured/ procured as per the applicable Local Laws of India and are in conformity with the required Indian industry standards.

 

PRODUCT PRICING DISCLAIMER

The prices displayed on our website may differ from prices that are available in stores. Further the prices displayed in our catalogs are quotes which may vary from country to country for the same product. Prices shown on the website both for India and in other International Countries are subject to change without prior notice. These prices only reflect the MRP and do not include shipping and taxes which may be extra as applicable.

 

INACCURACY DISCLAIMER

From time to time there may be information on our Website that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability.AKAARO reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

 

WARRANTIES & LIABILITY

All information, content, materials, products (including software) and other services included on or otherwise made available to you by AKAARO are provided on an AS IS and AS AVAILABLE basis, unless otherwise specified in writing. AKAARO makes no representations or warranties of any kind, express or implied, as to the operation of the services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through AKAARO, unless otherwise specified in writing. You expressly agree that your use of the website is at your sole risk.
AKAARO does not warrant that this Website will be constantly available, or available at all or that any information on this Website is complete, true, accurate or non-misleading.

We will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all risks associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website, and that AKAARO shall not be liable for any damages of any kind related to your use of this Website.

Though AKAARO shall make all endeavour to protect its websites from any viruses or other illegal use of its website. However we do not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; its servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on Website constitutes, or is meant to constitute, advice of any kind.

All the Products sold on Website shall be solely governed by the Indian Laws. In the event we are unable to deliver such Products due to implications of different territorial laws, we will return or will give credit for the amount (if any) received in advance by us from the sale of such Product that could not be delivered to You. It is YOUR responsibility to ensure that the products purchased on this website is not restricted in your territory. AKAARO shall not be responsible for any non-compliance with regard to the local laws of that territory for any product available on this website.

AKAARO will not be liable for any damages of any kind arising from the use of any service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through the website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

 

INDEMNITY

You agree to indemnify and shall not hold AKAARO (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) for any claim or demand, including but not limited to reasonable attorneys’ fees, or arising out of or related to your breach of this T&C, or your violation of any law or the rights of a third party or any damage to life and/or property caused by the products delivered.

 

BREACH

In the event you are found to be in breach of the Terms of Use or Privacy Policy or other rules and policies or if we are unable to verify or authenticate any information you provide or if it is believed that your actions may cause legal liability for you, other users or us, without limiting to the present, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website. Any user that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such user is reinstated by us.

Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other rules and policies, we reserve the right to recover any amounts due and owing by you to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

Any breach of any applicable local laws of that territory shall also result in, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website.

 

SEVERABILITY

We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

WAIVER

The failure by AKAARO to enforce at any time or for any period any one or more of the terms or conditions of the Agreement shall not be a waiver by AKAARO of them or of the right any time subsequent to enforce all Terms and Conditions of this agreement.

 

FORCE MAJEURE

Failure on the part of AKAARO to perform any of its obligations and the non furnishing of the Service), shall not entitle you to raise any claim against AKAARO 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 AKAARO that directly or indirectly hinders or prevents AKAARO 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.

 

DISPUTE RESOLUTION

This agreement shall be construed and the legal relations between YOU and AKAARO hereto shall be determined and governed according to the laws of India. If any dispute arises between You and AKAARO regarding Your use of the Website or Your dealing with AKAARO in relation to any activity on the Website, in connection with the validity, interpretation, implementation or breach of any provision of the Terms & Conditions and/or Privacy Policy including but not limited to the rules and policies contained herein, the dispute shall be subject to the exclusive jurisdiction to the Courts of New Delhi.

Your obligations to pay the Payment Fees shall not be suspended during the pendency of such proceedings.

 

GRIEVANCE

Any grievances you have by way of use of the website can be addressed to the ‘Customer Care’ by way of email to contact@akaaro.com. The ‘Customer Care’ shall thereafter consider the same and provide a response within one month of the date of such complaint/ grievance.