Terms & Conditions of Use of the Website
Any new features or tools which are added to the current store shall also be subject to the Terms & Conditions of Service of the Website. 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 & Conditions of Service of the Website 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.
2. Website Availability
We may suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension.
We reserve the right to make any changes and alteration to the Website or to discontinue any aspect or feature of the Website without notice.
In the event that we, at our sole discretion, consider that you are making any illegal and/or unauthorised use of the Website, and/or your use of the Website is in breach of these Terms, we reserve the right to take any action that it deems necessary, including terminating without notice your use of the Website and, in the case of illegal use, instigating legal proceedings.
3. Site policies, modification and severability
4. Electronic communication
When you use our Service or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our website or through our 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.
5. Warranty of User/Visitor
5.1 You warrant that you are 18 years of age and are fully capable of entering into a contract.
5.2. You warrant that all information provided by you to the website owner are true, correct and complete.
You shall have the option to create an Account in our Website. By creating an Account on our Website, you agree to subscribe to newsletters, marketing or promotional materials and other information that we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email sent by us.
For ease and convenience of ordering your products through our website, you have the option to create a user account on our website. Your username and password has to be kept confidential by you including but not limited to the restriction of access to your computer and/or account and any or all activities that occur or are done through your account shall be attributable to you. We may at our sole discretion terminate your account, refuse the service, edit/remove the content and/or cancel your order(s) without assigning any reasons whatsoever.
When you create an account with us, you guarantee that you are above the age of 18, and that the information provided by you is accurate, complete, and updated. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on our Website.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You consent and agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. 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. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse any service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
8.1. You will receive an Acknowledgement Email upon placing an order via our Website. However, acceptance of your order is at our sole discretion and subject to availability of the products ordered. Your order constitutes a contractual offer by you to us to buy our products. Your contractual offer is deemed to be accepted by us only upon receiving the payment of the products ordered and the confirmation mail of dispatch of such products.
8.2. We will not be obliged to supply any other Products which may have been part of your Order until the dispatch of such Products has been confirmed by way of a Dispatch Confirmation.
All prices listed on our website are subject to change at our sole discretion from time to time. but the changes in price will not affect orders that have already been accepted by us. However, such prices on our website are exclusive of VAT and shipping costs, which will be added in the bill upon dispatch. For any unintentional errors in the listed prices, we will notify you via email or phone before accepting your order for instructions. You will then have the option to cancel your order if you desire or pay the difference.
10. Payment and Security
10.1. All payments are to be made by either through Net-banking, credit cards or debit cards or e-Wallet. We also offer payment by Cash on Delivery within the boundaries of India for orders with an invoice value of upto Rs. 2000 only and subject to payment of additional charge of INR 25 for all orders upto INR 499 and additional charge of INR 50 for all orders beyond INR 499.
10.2. We do not capture or store any card information on our servers. All online transactions made with us are completely secure and safe. All credit and debit card payments are processed through secure and trusted payment gateway managed by leading banks.
11. Card Payment
In a debit or credit card transaction, you must use your own debit or credit card. We will not be liable for any debit or credit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user.
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content excluding debit or credit card information, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Debit card or Credit card information is always encrypted during transfer over networks.
12.1. We will make all reasonable efforts to deliver your ordered products within 5 – 8 working days from the date on which the order for those products was accepted by us except for circumstances which is beyond our reasonable control. If we are unable to deliver your order within 5 – 8 working days, we will notify you in writing of the delay.
12.2. A confirmation email will be sent to you notifying dispatch of products. This email will contain details on the estimated delivery time as well as any tracking information if provided by the Carrier.
13. Refund and Replacement
13.1 Products returned by you because of a manufacturing defect or which is unfit for use or consumption at the time of delivery will be refunded in full, including a standard delivery cost incurred by you in returning the item to us. We shall not refund opened or used product if the same is not a manufacturing defect. All refunds will be initiated through online Bank transfer.
13.2 If you receive products which you claim are incorrect or defective then you should contact us by email at firstname.lastname@example.org within 24 hours of delivery of the products to report these claims and arrange a return and refund. Upon receiving your email, we will provide you with a return confirmation mail on your “Return Request” and upon receiving such email you should return the products to our Returns Address. You will be responsible for the costs of returning the products, to and fro, except for products which are returned due to manufacturing defect or which is unfit for use or consumption at the time of delivery, ensuring the safe delivery of the products to the Returns Address.
13.3. If you have returned products for any manufacturing defect or claiming the product to be incorrect, we will examine the returned products on receipt. If we find that the Goods returned by you are not incorrect, defective or damaged in transit we will notify you in writing within a reasonable period of time and offer to redeliver the products to you. If you accept redelivery, you will be liable for the cost of redelivering the products except for products returned due to manufacturing defect or which is unfit for use or consumption at the time of delivery. If the products returned by you are found to be have a manufacturing defect or damaged in transit, you have option to either have the products replaced at no additional charge (subject to availability); or to receive a full refund of the original purchase price along with all delivery charges paid.
13.4 If we receive no communication from you within 24 hours of delivery regarding any problems with the products, you are deemed to have received the products in good condition and with no problems.
Please note that any details with respect to cancellation, return and refund not specified in this clause in details have been specified in the “Refund Policy” uploaded in the website www.beyondarie.com and the refund policy as detailed therein shall prevail.
14. Variations in Product
Our aim and objective are to provide you with the best and consistent quality of product. But due to the seasonal nature, there may be natural variations in the taste and quality of the same product. In such cases, we reserve the right to apply our no returns policy.15. Product or Services Warranty All reasonable efforts has been made to display the colours and images of our products on our website as accurately as possible We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
16. Import Duty
16.1. If you order products from us for delivery outside India, they may be subject to import duties and taxes, which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
16.2. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
17. Intellectual Property
The Website is protected by copyright, trademark, and other applicable laws of India. Our trademarks may not be used in connection with any product or service without our prior written consent. The Website and its original content (excluding Content provided by users), features and functionality are and will be and shall remain to be our exclusive property. The trademarks including names, logos and service marks displayed on this website are registered and unregistered trademarks of the Website Owner and the suppliers of the products listed on the Website. Nothing contained on this website should be construed as granting any right licence to own and use any trademark without the prior written permission of the Website Owner.
18. Your access to our Services
While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period.
Access to the Website may be suspended temporarily and with or without prior notice in the case of system failure, maintenance or repair or for reasons beyond our control.
20. Your Content and Confidentiality
(b) You are prohibited from posting or transmitting to or from the Website any material:
(i) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(ii) for which you have not obtained all necessary licences and/or approvals; or
(iii) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(iv) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
(c) You shall not:
(i) misuse the Website (including, without limitation, by hacking);
(ii) resell or make commercial use of the Website or its Content;
(iii) frame or use any framing techniques to enclose the Website or any part of it;
(iv) take any action that in our sole discretion places an unreasonable or disproportionately large load on our servers or other infrastructure; or
(v) use the Website in any way which may cause, or be likely to cause, access to or use of the Website to be interrupted, damaged or impaired in any way.
(vi) use data mining, robots, screen scraping, or similar data gathering and extraction tools on this site, except with our express written consent.
(vii) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of beyondarie without express written consent.
(viii) use any meta tags or any other "hidden text" utilizing beyondarie's name or trademarks without the express written consent of beyondarie. Any unauthorized use terminates the permission or license granted by beyondarie.
21. Links to and from other Websites (If Applicable)
(a) Links on the Website to third party websites are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of these third-party websites and does not control and is not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk.
(b) If you would like to link to the Website, you may do so only on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
(i) you do not remove, distort or otherwise alter the size or appearance of our logo;
(ii) you do not create a frame or any other browser or border environment around the Website;
(iii) you do not in any way imply that we are endorsing any products or services other than its own;
(iv) you do not misrepresent your relationship with us nor present any other false information about us;
(v) you do not otherwise use any of our trade marks displayed on the Website without express written permission from us;
(vi) you do not link from a website that is not owned by you; and
(vii) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
(c) We expressly reserve the right to revoke the right granted in clause (b) for breach of these terms and to take any action it deems appropriate.
(d) You shall fully indemnify us for any loss or damage suffered by us or any of its group companies for breach of clause (b).
(e) Our Website may contain links to third party websites or services that are not owned or controlled by us.
(f) We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
(g) You acknowledge and agree that we 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 third-party 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.
We may terminate or suspend your account and bar access to the Website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Website.
All provisions of the Terms & Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold us harmless and our licensee and licensors, and our employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of,(a) your use and access of the Website, by you or any person using your account and password; (b) a breach of these Terms, or (c) Content posted on the Website.
24. Limitation of Liability
In no event shall we, nor any of our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
(a) Your use of the Website is at your sole risk. The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any conditions, warranties or other terms of any kind. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
(b) We or our subsidiaries, affiliates, and our licensors do not warrant that, (a) the Service will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service in the Website is free of viruses or other harmful components; or (d) the results of using the Services in the Website will meet your requirements.
(c) While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update such material.
26. Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Website. We may experience delays in updating information on the Website and in our advertising on other web sites. The information found on the Services in the Website may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Services in the Website and we cannot guarantee the accuracy or completeness of any information found in the Website.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
We at our sole discretion, reserve the right, to modify or replace the Terms and conditions set out herein at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service in the Website after any revisions become effective, you agree to be bound by the revised terms without any demur. If you do not agree to the new terms, you are no longer authorized to use the Services in the Website.
These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions.
Disputes: Any dispute or claim relating in any way to your use of our Website Services, or any services distributed by or through our Website will be resolved by binding arbitration, as per the provisions of the Arbitration and Conciliation Act, 1996 rather than in court, except that you may assert claims in small claims court if your claims qualify. The proceedings of such arbitration shall be in English language and be held at Guwahati alone.
Our failure to enforce any right or provision of these Terms & Conditions will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services in the Website, and supersede and replace any or all prior agreements we might have had between us regarding the Services in the Website.