Terms of service
These terms of offer for sale ("Supply Terms") apply to products and services purchased via www.avishya.com which is a website managed by AVISHYA TRADING PVT LTD, a company incorporated under the Companies Act, 1956, (“Company” or “Avishya” or “We” or “Us” and its successors and assigns). Under these Supply Terms the users of the website will be referred to as ("You" or "Your" or "Yourself" or "User" or “Customers”). A user is defined as anyone who is browsing the website with or without the intention to buy
If you do not agree with the supply terms, please do not access the website for any purchase
SECTION 2 - GENERAL
SECTION 3 - DESCRIPTION OF SERVICE
Avishya.com provides access to Information & Purchase of Saris, Apparel, Accessories & Fashion / Silver Jewellery / Gold Accented Jewellery. Certain services available on this website are for the use of Members only. A Member is defined is as a use who has registered in the website and provided Avishya.com with his / her contact details
The services on this website are available only to end consumers who purchase our products for their consumption / gifting. This is not a wholesale website and these terms don’t apply.
Shipping charges for all products / services sold on the website will be as per the company’s policy. The shipping policy may be changed by Avishya from time to time
Sometimes items shown in the website may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Sometimes the items may be represented larger than the actual size in order to clearly show details (or) smaller than the actual size in order to show the entire item.
Sometimes only some part of the product may be shown on the website in order to showcase the specific specialties of the product.
The company shall not be liable for legal action on this account.
SECTION 4 - REGISTRATION
Users may register on the website to become members prior to the completion of any transaction on the website. Guest Checkout functionality is available for those users who want to complete a purchase without registering on the wesbite
Registration is a one-time process and if a member has already registered she/he can login to her / his account using her/his password.
SECTION 5 - REGISTRATION
Any member who wishes to purchase a product from Avishya.com can add the product to cart, fill in the billing & shipping address, choose the appropriate approved payment gateway and complete the payment
In case the bank / payment gateway refuses to honour the transaction, then Avishya.com shall have the right to refuse to ship the order to customer without any liability whatsoever.
Notwithstanding receipt of payment, Avishya.com reserves the right to refuse to ship the order to the customer (full refund being given within 7 days) in case of any product not passing the QC test, product non-availability or for any other reason not specifiable without any liability whatsoever to Avishya.com
While using your credit card on / through the approved payment gateway, you agree to provide correct and accurate credit / debit card details for availing the services on the website. You shall not use credit/debit cards that are not legally owned by you.
The information that you provide to Avishya will not be utilized or shared with any third party unless required in relation to fraud verification by law, regulation or court order. Avishya does not store any credit / debit card information on it’s website or elsewhere. You will be solely responsible for the security and confidentiality of your credit / debit card details. Avishya expressly disclaims all liabilities that may arise as a consequence of any unauthorized credit card use
SECTION 6 - PRODUCT AVAILABILITY
Avishya.com may not own all of the products that are listed on the website. In such cases, when the product is not owned by Avishya.com, Avishya.com orders the products listed on the website from the respective brands and merchants after confirmation of order by customer and delivers the same to the customer. Therefore, there is a possibility that the item ordered by the customer might have already been sold out by the brand / merchant and they may have not updated that information with Avishya.com at the time of the order
In the event that product is sold out after the customer has already made a payment, Avishya.com will call the customer and suggest an alternate product. In case the customer chooses to buy a new product, Avishya will go ahead and confirm the same based on the customer’s email confirmation. In such a scenario, if the price of the new product is higher than the previous one, then the customer will have to pay the differential amount. If the price of the new product is lower than the one ordered by the customer, then Avishya shall refund the excess amount collected. The refund would be made through the same payment mode in which the customer made the payment. However, in the case of a wire transfer from an international account, Avishya will not be in a position to make a refund. In such cases the customer has to take the balance in the form of store credit.
SECTION 7 - PRICING
All products that are sold in Avishya are handcrafted and the prices are fixed by the weavers / artisans / brands / designers
The price of handcrafted products vary from product to product based on input costs, weaver / artisan wages, intricacy & skill required to create the product. The demand and supply of products also determine their price. Avishya makes no guarantee that the prices are lower than what is available on the market and cannot be held liable on this account
From time to time, it is possible that the pricing data in the website is displayed inaccurately due to system / human errors. Avishya.com reserves the right to correct any and all errors as and when they occur. In such cases Avishya.com is not required to honour the inaccurate and erroneous prices. The prices shown on the website are subject to change without notice. For any order, the price is the prevailing price on the day / time the order is confirmed. The prices listed on the website are also non-negotiable
SECTION 8 - ADVANCE / PART PAYMENT
Avishya.com may, at its sole discretion, allow a customer to pay a percentage of the value of the transaction as an advance at the time of placing an order. In such cases, the customer has to pay the balance payment (including shipping charges if any) before the product is shipped to the customer within the time stipulated by the company.
Failure to the pay the balance amount within the stipulated time shall be treated as cancellation of the order. In the event of such cancellation, customer is liable to forfeit the advance paid at the time of placing the order and at its sole discretion Avishya.com may refund the advance paid after deducting any applicable transaction / processing charges
SECTION 9 - CUSTOMS, DUTIES AND TAXES
The recipient is responsible for ascertaining that a product ordered on Avishya.com can be lawfully imported into the destination country. While ordering a product from Avishya.com, the recipient is the “Importer of Record” and must comply with all laws and regulations of the destination country. Orders that are shipping to locations outside India, may be subject to taxes, customs duties and fees as levied by the destination country
Additional charges on account of customs duties must be borne by the recipient and Avishya.com has no control over and cannot predict the nature and quantum of these taxes.
The carrier / courier will collect these customs duties from the recipient after paying it to the local customs office on the recipient’s behalf. Similarly, Octroi charges, as applicable, will be collected by the carrier from the consignee (recipient)
The recipient also agrees to submit social security number, taxi ID or any such proof of address or business as required by the customs / local tax office to get their shipment cleared
The company will not be responsible for delivery delays that may occur on account of delays in completing the Customs Clearance process
SECTION 10 - EXCHANGE POLICY
All products sold at Avishya are sourced from the finest weavers / artisans / designers / brands and go through a rigorous quality check process before they are shipped to the customer. In the unlikely event that the customer wants to exchange a product purchased from Avishya, the terms are as follows:
THE FOLLOWING PRODUCTS ARE NOT ELIGIBLE FOR EXCHANGE:
In cases where you have opted for Avishya's Fall & Pico Service and/or Blouse Stitching Service, the product is NOT ELIGIBLE for exchange
Products that have the blouse detached, tassels made or fall stitched BY YOU are also not eligible for exchange
Products that are marked as "SALE" and sold under the "sale section" of Avishya are not Eligible for Exchange
Stitched Blouses & Blouse Material are not eligible for exchange
Fitted Items / Readymade Garments are not eligible for exchange
Apart from the above products, other products are usually eligible for 7 day exchange (subject to some conditions) In order to avail the exchange, the customer should inform us about the exchange request by email to email@example.com within 24 hours of receipt of the product. Exchange Requests sent on phone / sms / whatsapp will not get officially registered as exchange requests.
While we take the best effort to ensure that colour of the physical product that you receive is matched with the digital image on a computer screen, there will always be some variation between digital images and physical products. Therefore NO EXCHANGES OR REFUNDS WILL BE OFFERED on account of colour variation
Products eligible for exchange should be sent back in unworn / unused / unwashed / resaleable condition along with all the original packaging with the Labels intact. You can make only one exchange request against each product purchased i.e. a customer cannot make an exchange request against a product received in lieu of an originally purchased product. For details on how to exchange your product, please refer to our Exchange Policy
AVISHYA DOES NOT ACCEPT RETURNS. WE ONLY OFFER EXCHANGES
SECTION 11 - REFUNDS
Refunds will be made by Avishya only in the case of non-availability of product ordered. The following is the manner in which the refund will be made:
Credit Card: The Credit card account of the customer shall be re-credited with the refund amount by Avishya.com. The refund amount will be credited to the customer’s account within the time span stipulated by the bank that has issued the credit card
Check or Net Banking (from an account within India): The refund amount shall be deposited into the bank account of the customer by Avishya.com within seven (7) business days after the receipt of the refund request by the customer
Refunds are not possible in the case of payments made from Accounts outside India viz. Wire Transfers, Check Payments, etc. In such cases, refunds are not possible because they are against Indian Regulations. Avishya.com will issue a credit note of a value equal to the value of the transaction
SECTION 12 - SHIPPING & DELIVERY
Unless specifically mentioned otherwise in the product details page, Avishya.com will ship all products within 7 business days of date of receipt of the order
In the case of shipping within India, the company will bear only the courier charges. Any local taxes / levies like Octroi will be charged to the customer. At the time of delivery, the recipient should carefully examine the package
In the case of shipping to a location outside India, the customer will have to pay for the cost of shipping over and above the cost of the product. All duties and local levies which may be applicable at the destination country will have to be borne by the customer
Free / Discounted Shipping Promotions / Offers: From time to time, Avishya may offer Free / Discounted shipping promotions / offers for International Shipping. These offers will be valid only for orders above a certain value (or) valid only for certain countries. If a customer avails such offer and decides to go for an exchange, the free / discounted shipping offer will not be apply for the exchanged product.
The customer has the option to change the shipping address only if the ‘change request’ reaches Avishya.com before the product is actually shipped. The change request needs to be sent by email to firstname.lastname@example.org. This has to be done within 2 days of the order date for regular products. For products marked as "ready to ship" the change request has to be sent within 12 hours of the date / time of order. Also please note that a customer can change the shipping address only within the same country. If you want to change the shipping country, additional shipping charges may be applicable.
If the recipient is not available at the time of delivery, the company / courier agent shall make two more attempts to deliver the item before returning the same to Avishya.com. All costs of re-shipment and handling in the case of non delivery to the customer on account of non-availability of customer at address for making delivery, shall be chargeable to the customer
Guarantee for delivery made by the Company is subject to terms and conditions of the courier company. Any inconsistency / errors in name or address will result in non delivery of product.
SECTION 13 - DISCLAIMER OF WARRANTY / LIMITATION OF LIABILITY
Avishya.com undertakes no responsibility that the Goods will be fit for any particular purpose for which Buyer may be buying the Goods, except as otherwise provided in this Agreement, and Seller disclaims all other warranties and conditions, express or implied.
SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE "SELLER AFFILIATES") SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS/SERVICES OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER'S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS AND SERVICES ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.
SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS/SERVICES AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE GOODS/SERVICES.
SECTION 14 - COLOUR DISCLAIMER
The colours of the products that you see on the computer screen will vary slightly from those of the actual product. This is because of differences in the underlying technologies of computer monitors, screen resolutions and fabric quality. Monitors that are not properly calibrated also add to the difference in colours. In addition, the lighting used while taking photographs also play a role in the final colour that is shown on the screen, Also please note that irregularities in colours, prints, weaves, shapes, forms and textures are a basic characteristic of authentic hand crafted products and are not product defects.
SECTION 15 - FORCE MAJEURE
Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.
SECTION 16 - GOVERNING LAW
These Supply terms and relationship between you and Avishya.com shall be governed in accordance to the laws of India without reference to conflict of law principles
All claims, differences and disputes arising under or in connection with or in relation to the Terms of Offer or any transactions entered into through the website or relationship between you and Avishya shall be subject to the exclusive jurisdiction of the courts of Chennai and you hereby accede to accept the jurisdiction of such courts.
SECTION 17 - FREE SHIPPING OFFER - SUPPLEMENTAL TERMS AND CONDITIONS
The Free Shipping Offer is open to all customers of Avishya.com who purchase any item /s from Avishya.com worth Rs.20,000 and above in one order between
The offer will get applied on any order /s where the value of the product/s (including falls stitching & Blouse / salwar stitching) is greater than or equal to Rs. 20,000
The International shipping charges will get waived of on such orders where the product/s value is greater than or equal to Rs. 20,000 if the shipping address in in any of the following countries - Australia, Bahrain, Bangladesh, Canada, France, Germany, Hong Kong, Indonesia, Ireland, Japan, Kuwait, Malaysia, Mauritius, New Zealand, Nepal, Netherlands, Norway, Oman, Pakistan, Qatar, Saudi Arabia, Singapore, South Africa, Sri Lanka, Switzerland, UAE, UK and USA
In the case of all other country a discount of 50% will be applied on the shipping charges in the case of International Shipping
If the customer changes the shipping address from an International Address to an Indian Address, no additional discounts will be provided in lieu of the shipping offer waiver
If the customer opts for an exchange on any of the product/s purchased through the free shipping offer, the regular exchange process will apply. In addition the credit note that has been issued in lieu of any product that has been purchased using the free shipping offer cannot be combined with a fresh purchase to avail of the free shipping offer
Avishya Trading Pvt. Ltd. Reserves the right to withdraw the Free Shipping Offer at any point of time