Terms and Conditions

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General

  1. The terms and conditions published herein are in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms and Conditions for access or usage of www.avisafashions.com website.
  2. The domain name www.avisafashions.com (hereinafter referred to as “Website”) is owned by Avisa Fashions (hereinafter referred to as “Avisa Fashions”) a company incorporated under the Companies Act, 1956 with its registered office at 313, 26th Cross 9th Main BSK 2nd Stage Near Mono Type, Bengaluru, Karnataka-560070.
  3. Buyer’s and Visitor’s use of the Website and services and tools are governed by the following terms and conditions as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If the Buyers transact on the Website, The Buyers shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, The Buyers shall be impliedly contracting with Avisa Fashions and these terms and conditions including the policies constitute Buyer’s binding obligations, with Avisa Fashions.
  4. For the purpose of these Terms and Conditions, wherever the context so requires “Buyer” shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered Buyer using the computer systems. Avisa Fashions allows the Buyer to surf the Website without registering on the Website, however to make purchases, the Buyer must be registered on the Website.
  5. When The Buyers use any of the services provided by Avisa Fashions through the Website, including but not limited to, (e.g. Product Reviews), The Buyers will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms and Conditions and shall be considered as part and parcel of this Terms and Conditions. Avisa Fashions reserves the right, at Avisa Fashions’ sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time without any prior written notice to The Buyers. It is Buyer’s responsibility to review these Terms and Conditions periodically for updates/changes. Buyer’s continued use of the Website following the posting of changes will mean that The Buyers accept and agree to the revisions. As long as The Buyers comply with these Terms and Conditions, Avisa Fashions grant The Buyers a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
  6. Accessing, browsing or otherwise using the site indicates buyer’s agreement to all the terms and conditions, so please read the terms and conditions carefully before proceeding. By impliedly or expressly accepting these Terms and Conditions, The Buyers also accept and agree to be bound by Avisa Fashions’ Policies (including but not limited to Privacy Policy, Shipping, Cancelation, Return and Refund Policy etc.) as amended from time to time.

Eligibility

  1. Usage of, and purchases at the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, un-discharged insolvents etc. are not eligible to use the Website. If the Buyers are a minor i.e. under the age of 18 years, the Buyers shall not register on the Avisa Fashions website and shall not transact on or use the website. As a minor if the Buyers wish to use or transact on the website, such use or transaction may be made by Buyer’s legal guardian or parents on the Website. Avisa Fashions reserves the right to terminate Buyer’s membership and / or refuse to provide the Buyers with access to the Website if it is brought to Avisa Fashions’ notice or if it is discovered that the Buyers are under the age of 18 years.
  2. All persons wishing to use, register on, and purchase at the Website shall provide the following information – (a) Name (b) Mobile Number or Email ID (c) Pin Code and other such information as is provided under our Privacy Policy.

Buyer’s Account and Registration Obligations

  1. If The Buyers use the Website and register as a buyer, The Buyers shall be responsible for maintaining the confidentiality of Buyer’s Display Name and Password and The Buyers shall be responsible for all activities which occur under Buyer’s Display Name and Password. The Buyers agree that if The Buyers provide any information that is untrue, inaccurate, not current or incomplete or Avisa Fashions has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms and Conditions, Avisa Fashions shall have the right to indefinitely suspend or terminate or block access of Buyer’s membership on the Website and refuse to provide The Buyers with access to the Website.

Communications

  1. When The Buyers use the Website or send emails or other data, information or communication to us, The Buyers agree and understand that The Buyers are communicating with Avisa Fashions through electronic records and The Buyers consent to receive communications via electronic records from Avisa Fashions periodically and as and when required. Avisa Fashions may communicate with the Buyers by email or by such other mode of communication, electronic or otherwise.
  2. Platform for Transaction and Communication: The Website is a platform that Buyers utilize to discover Avisa Fashions’ products and to show interest in purchasing these products.

Henceforward

  1. All commercial/contractual terms are offered by and agreed to between the Buyers and Avisa Fashions. The commercial/contractual terms include without limitation, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services.
  2. The Buyers can take a close look at the Website for a complete description of the products. In spite of Avisa Fashions doing its best to describe and present the articles being sold on the website as accurately as possible, some product characteristics may be altered slightly. Despite all precautions by Avisa Fashions, there may be inadvertent errors, and Avisa Fashions shall not under any circumstances be held liable should this arise. The photographs of products shown on the Website are not contractually binding. Under no circumstances may Avisa Fashions be held liable on the basis of said photographs or description of the products being sold. Avisa Fashions also does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc.) of the products to be sold or offered to be sold or purchased on the Website.
  3. The Buyer shall be responsible for any non-performance or breach of any contract entered into between Buyer and Avisa Fashions.
  4. Avisa Fashions attempts to keep the elements mentioned on its website accurate and complete. In particular the information about pricing, specifications and in general case all information about Avisa Fashions’ products is subject to change without notice. It is possible that there could be errors or omissions in the information provided in this website. The information could also be incomplete. Avisa Fashions is not responsible for any errors, omissions or representations on any of Avisa Fashions’ pages or any links on any of Avisa Fashions’ pages.
  5. Disclaimer: The prices displayed on products are expressed in Indian Rupees and shall include all taxes applicable by law. Product prices shall not include delivery charges, the cost of certain forms of packing or charges for certain optional services selected by the Customer. Avisa Fashions shall have the right to refuse or cancel any orders placed by the Customer. Pricing on any product(s) as is reflected on the Website may be subjected to some technical issue, typographical error or product information published may be incorrectly reflected and in such an event Avisa Fashions may cancel Buyer’s order(s).
  6. The Buyers release and indemnify Avisa Fashions and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Buyers of the Website and specifically waive any claims that the Buyers may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Avisa Fashions cannot take responsibility or control the information provided by other Buyers which is made available on the Website. The Buyers may find other Buyer’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
  7. Please note that there could be risks in dealing with underage persons or people acting under false pretence.
  8. Unless otherwise specified explicitly, all Terms and Conditions entailed herein are enforceable to Buyer’s visit or purchase at Avisa Fashions.

Charges

  1. Membership on the Website is free for buyers. Avisa Fashions does not charge any fee for browsing and buying on the Website. Avisa Fashions reserves the right to change its Fee Policy from time to time. In particular, Avisa Fashions may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Avisa Fashions reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. The Buyers shall be solely responsible for compliance of all applicable laws including those in India for making payments to Avisa Fashions.

Use of the Website

The Buyers and Visitors agree, undertake and confirm that Buyer’s use of Website shall be strictly governed by the following binding principles:

  1. The Buyers and Visitors shall not host, display, upload, modify, publish, transmit, update or share any information which:
    1. belongs to another person and to which Buyers and Visitors does not have any right to;
    2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or envisaging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
    3. is misleading in any way or threatens to defame or harm the goodwill of Avisa Fashions;
    4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
    5. harasses or advocates harassment of another person;
    6. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
    7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
    8. infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
    9. promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    10. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
    11. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
    12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
    13. contains video, photographs, or images of another person (with a minor or an adult).
    14. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other Buyers;
    15. engages in commercial activities and/or sales without Avisa Fashions’ prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Website. Throughout this Terms and Conditions, Avisa Fashions’ prior written consent means a communication coming from Avisa Fashions’ Legal Department, specifically in response to Buyer’s request, and specifically addressing the activity or conduct for which The Buyers seek authorization;
    16. solicits gambling or engages in any gambling activity which We, in Avisa Fashions’ sole discretion, believes is or could be construed as being illegal;
    17. interferes with another Buyer’s use and enjoyment of the Website or any other individual’s Buyer and enjoyment of similar services;
    18. refers to any website or URL that, in Avisa Fashions’ sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms and Conditions.
    19. harm minors in any way;
    20. infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent;
    21. violates any law for the time being in force;
    22. deceives or misleads the addressee/ Buyers about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    23. impersonate another person;
    24. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resoursce; or contains any trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
    25. 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.
    26. shall not be false, inaccurate or misleading;
    27. shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
    28. shall not create liability for Avisa Fashions or cause Avisa Fashions to lose (in whole or in part) the services of Avisa Fashions’ internet service provider (“ISPs”) or other suppliers;
  2. The Buyers and Visitors shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Avisa Fashions reserves the right to bar any such activity.
  3. The Buyers and Visitors shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
  4. The Buyers and Visitors shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. The Buyers and Visitors may not reverse look-up, trace or seek to trace any information on any other Buyer of or visitor to Website, or any other customer, including any account on the Website not owned by The Buyers, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Buyer’s own information, as provided for by the Website.
  5. The Buyers and Visitors shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Avisa Fashions or the brand name or domain name used by Avisa Fashions including but not limited to the terms “Avisa Fashions”, “www.avisafashions.com”, or otherwise engage in any conduct or action that might tarnish the image or reputation of Avisa Fashions on platform or otherwise tarnish or dilute any Avisa Fashions trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. The Buyers agree that they will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Avisa Fashions’ systems or networks, or any systems or networks connected to Avisa Fashions.
  6. The Buyers and Visitors agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
  7. The Buyers and Visitors may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal The Buyers send to Avisa Fashions, on or through the Website or any service offered on or through the Website. The Buyers shall not pretend that The Buyers are, or that The Buyers represent, someone else, or impersonate any other individual or entity.
  8. The Buyers and Visitors may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of Avisa Fashions and/or others.
  9. The Buyers and Visitors shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Goods and Services Tax, Central Excise, Custom Duty, Local Levies) regarding Buyer’s use of Avisa Fashions’ service and Buyer’s listing, purchase, solicitation of offers to purchase, and sale of products or services. The Buyers shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
  10. Solely to enable Avisa Fashions to use the information The Buyers supply to Avisa Fashions, so that Avisa Fashions is not violating any rights The Buyers might have in Buyer’s Information, The Buyers and Visitors agree to grant Avisa Fashions a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights The Buyers have in Buyer’s Information, in any media now known or not currently known, with respect to Buyer’s Information. Avisa Fashions will only use Buyer’s information in accordance with the Terms and Conditions and Privacy Policy applicable to use of the Website.
  11. The Buyers and Visitors shall be responsible to up keeping the provided information relating to the products proposed to be sold by Us. In this connection, The Buyers undertake that all such information shall be secured in all respects. The Buyers and Visitors shall not defame the attributes of such products or services so as to mislead other Buyers and Visitors in any manner.
  12. The Buyers and Visitors shall not engage in advertising to, or solicitation of other Buyers and Visitors of the Website to buy any products, including, but not limited to, products or services related to that being displayed on the Website or related to us. The Buyers and Visitors may not transmit any chain letters or unsolicited commercial or junk email to other Buyers via the Website. It shall be a violation of these Terms and Conditions to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person without Avisa Fashions’ prior explicit consent. In order to protect Avisa Fashions’ Buyers from such advertising or solicitation, Avisa Fashions reserve the right to restrict the number of messages or emails which a Buyer may send to other Buyers in any 24-hours period which Avisa Fashions deems appropriate in its sole discretion. The Buyers understand that Avisa Fashions have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, Avisa Fashions can (and The Buyers and Visitors hereby expressly authorize Avisa Fashions to) disclose any information about The Buyers and Visitors to law enforcement or other government officials, as we, in Avisa Fashions’ sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
  13. Avisa Fashions reserves the right, but has no obligation, to monitor the materials posted on the Website. Avisa Fashions shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms and Conditions. Notwithstanding this right, The Buyers and Visitors remain solely responsible for the content of the materials The Buyers and Visitors post on the website and in buyer’s private messages. In no event shall Avisa Fashions assume or have any responsibility or liability for any Content posted by another Buyer and Visitor or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. The Buyers and Visitors hereby represent and warrant that the content the Buyers and Visitors publish on the Website shall not infringe any proprietary or other rights of Avisa Fashions or any third parties or contain any libellous, tortious, or otherwise unlawful information.
  14. Buyer’s correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between The Buyers and such advertiser. Avisa Fashions shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
  15. It is possible that other Buyers and Visitors (including unauthorized Buyers and Visitors or “hackers”) may post or transmit offensive or obscene materials on the Website and that The Buyers and Visitors may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about The Buyers and Visitors due to their use of the Website, and that the recipient may use such information to harass or injure The Buyers and Visitors. Avisa Fashions does not approve of such unauthorized uses, but by using the Website The Buyers and Visitors acknowledge and agree that Avisa Fashions is not responsible for the use of any personal information that The Buyers and Visitors publicly disclose or share with others on the Website. Please carefully select the type of information that The Buyers and Visitors publicly disclose or share with others on the Website.
  16. Avisa Fashions shall have all the rights to take necessary action and claim damages that may occur due to Buyer’s involvement/participation in any way on Buyer’s own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
  17. The Buyers shall not have the right to resell any of the products purchased from www.avisafashions.com unless such right is expressly granted to the Buyer in writing by Avisa Fashions.
  18. Avisa Fashions reserves the right to restrict the sale of goods/services.

Contents Posted on Website

  1. In relation to the products offered on the website, the text, graphics, Buyer interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is Avisa Fashions generated content.
  2. Except as expressly provided in these Terms and Conditions, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Avisa Fashions’ express prior written consent.
  3. The Buyers and Visitors may use information on the products and services purposely made available on the Website for downloading, provided that The Buyers and Visitors (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for Buyer’s and Visitor’s personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
  4. The Buyers and Visitors shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, “Content”). Such Content will become Avisa Fashions’ property and The Buyers and Visitors grant Avisa Fashions the worldwide, perpetual and transferable rights in such Content. Avisa Fashions shall be entitled to, consistent with Avisa Fashions’ Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content The Buyers and Visitors provide. The Buyers and Visitors agree that any Content the Buyers and Visitors post may be used by us, consistent with Avisa Fashions’ Privacy Policy and Rules of Conduct on Site as mentioned herein, and The Buyers and Visitors are not entitled to any payment or other compensation for such use.

Privacy

  1. Avisa Fashions views protection of Buyer’s privacy as a very important principle. Avisa Fashions understands clearly that The Buyers and Buyer’s Personal Information is one of Avisa Fashions’ most important assets. Avisa Fashions stores and process Buyer’s 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. Avisa Fashions’ current Privacy Policy is available at the Privacy Policy Page. If The Buyers object to Buyer’s Information being transferred or used in this way please do not use Website.
  2. Avisa Fashions may share personal information with Avisa Fashions’ other corporate entities and affiliates. These entities and affiliates may market to the Buyers as a result of such sharing unless the Buyers explicitly opt-out.
  3. Avisa Fashions may disclose personal information to third parties. This disclosure may be required for us to provide the Buyers access to Avisa Fashions’ Services, to comply with Avisa Fashions’ legal obligations, to enforce Avisa Fashions’ Buyer Agreement, to facilitate Avisa Fashions’ marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to Avisa Fashions’ Services. 
  4. Avisa Fashions may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. Avisa Fashions may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce Avisa Fashions’ Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of Avisa Fashions’ Buyers or the general public.
  5. Avisa Fashions and Avisa Fashions’ affiliates will share/transfer some or all of Buyer’s personal information with another business entity should Avisa Fashions (or Avisa Fashions’ assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur, the other business entity (or the new combined entity), will be required to follow this Privacy Policy with respect to Buyer’s personal information.

Disclaimer of Warranties and Liability

  1. This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to The Buyers through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Avisa Fashions does not warrant that: a) This Website will be constantly available, or available at all; or b) The information on this Website is complete, true, accurate or non-misleading.
  2. Avisa Fashions will not be liable to The Buyers in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Avisa Fashions does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to The Buyers through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
  3. Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to The Buyers.
  4. The Buyers will be required to enter a valid phone number while placing an order on the Website. By registering Buyer’s phone number with us, The Buyers consent to be contacted by Avisa Fashions via phone calls and/or SMS notifications and/or application based communication platforms, in case of any order, shipment, delivery and/or promotional activities related updates. Further, subject to the availability of the features, the Buyers shall have the option to use application based communication platforms to contact Avisa Fashions for any queries, grievances/complaints and feedback.

Payment

  1. While availing any of the payment method/s available at the Website/Store, Avisa Fashions will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to The Buyers due to: a) Lack of authorization for any transaction/s, or b) Exceeding the pre-set limit mutually agreed by The Buyers and between “Bank/s”, or c) Any payment issues arising out of the transaction, or d) Decline of transaction for any other reason/s
  2. All payments made against the purchases/services on the Website by the Buyers shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
  3. Before shipping/delivering Buyer’s order to the Buyers, Avisa Fashions may request the Buyers 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 the Buyers for Buyer’s purchase. This is done in the interest of providing a safe online shopping environment to Avisa Fashions’ Buyers.
  4. Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bi partite contractual obligations between Buyer and Avisa Fashions and Payment Facility is merely used by the Buyer and Avisa Fashions to facilitate the completion of the Transaction.
  5. The Buyers have specifically authorized Avisa Fashions or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Buyers in respect of transactions through Payment Facility. Buyer’s relationship with Avisa Fashions is on a principal to principal basis.
  6. The Buyers understand, accept and agree that the Payment Facility provided by Avisa Fashions is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Avisa Fashions’ Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Avisa Fashions is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
  7. Avisa Fashions does not provide any credit facilities.
  8. All prices displayed on the Website or at the Stores are final and no further discounts or facilities are available for any customer

Payment Facility for Buyers

  1. The Buyers understand that upon initiating a Transaction the Buyers are entering into a legally binding and enforceable contract with Avisa Fashions to purchase the products using the Payment Facility (a mechanism to pay through card, cash, or online medium), and the Buyers shall pay the Transaction Price through Buyer’s Issuing Bank to Avisa Fashions using Payment Facility.
  2. The Buyers may agree with Avisa Fashions through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
  3. The Buyers shall electronically notify Payment Facility using the appropriate Avisa Fashions Website features immediately upon Delivery or non-Delivery within the time period as provided in Policies. Non notification by The Buyers of Delivery or non-Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash on Delivery transactions, Buyer is not required to confirm the receipt of products or services.
  4. The Buyers shall be entitled to claim a refund of the Transaction Price (as Buyer’s sole and exclusive remedy)in such cases as is detailed under the Shipping, Cancellation, Return and Refund Policy. In case the Buyers do not raise a refund claim using Website features within the stipulated time, then this would make The Buyers ineligible for a refund.
  5. The Buyers understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence The Buyers may not be entitled to a refund in respect of the Transactions for those products and /or services.
  6. Except for Cash on Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.
  7. Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
  8. Refund shall be conditional and shall be with recourse available to Avisa Fashions in case of any misuse by Buyer.
  9. Refund shall be subject to Buyer complying with Policies.
  10. Avisa Fashions reserves the right to impose limits on the number of Transactions or Transaction Price which Avisa Fashions may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by RBI to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
  11. Avisa Fashions reserves the right to refuse process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Avisa Fashions or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
  12. Avisa Fashions may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of Avisa Fashions. As a result of such check if Avisa Fashions is not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay Transaction Price.
  13. Avisa Fashions may delay notifying the payment confirmation i.e. delay to Dispatch, if Avisa Fashions deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Avisa Fashions may hold Transaction Price and Avisa Fashions may not Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
  14. The Buyer and Seller acknowledge that Avisa Fashions will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Avisa Fashions.

Compliance with Laws

  1. The Buyers and Visitors shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Avisa Fashions Website.

Buyer’s arrangement with Issuing Bank

  1. All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
  2. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Buyers. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

Profanity Policy

  1. Avisa Fashions prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.
  2. This policy extends to text within listings, on Seller pages and all other areas of the site that another Buyer may view. If the profane words are part of a title for the item being sold, Avisa Fashions will ‘blur’ out the bulk of the offending word with asterisks (i.e., s*** or f***).
  3. Please report any violations of this policy to the correct area for review: (a) Report offensive Display Names & (b) Report offensive language in a listing or otherwise
  4. If a feedback comment; or any communication made between Buyers and Visitors on the Website; or email communication between Buyers and Visitors in relation to transactions conducted on Website contain profanity, please review Avisa Fashions’ feedback removal policy and submit a request for action/removal.
  5. Disciplinary action may result in the indefinite suspension of a Buyer’s account, temporary suspension, or a formal warning.
  6. Avisa Fashions will consider the circumstances of an alleged policy violation and the Buyer’s trading records before taking action.
  7. Violations of this policy may result in a range of actions, including: (a) Limits placed on account privileges; (b) Loss of special status; & (c) Account suspension.

Indemnity

The Buyers shall indemnify and hold harmless Avisa Fashions, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Buyer’s and Visitor’s breach of this Terms and Conditions, Privacy Policy and other Policies, or Buyer’s and Visitor’s violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Applicable Law

  1. Terms and Conditions shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Bangalore.

Jurisdictional Issues/Sale in India Only

  1. Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Avisa Fashions make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Avisa Fashions is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

Intellectual Property

  1. Avisa Fashions is the owner of all the rights of intellectual property attached to the products ordered by the Buyers. Avisa Fashions reserves the right to proceed to the necessary formalities with the aim of their protection on the Territory. Avisa Fashions undertakes to the Buyers a non-exclusive right of use on the brands and Protected Elements owned by Avisa Fashions. The Buyers and Visitors recognises the existence and validity of the trademark applications or registrations and use of Avisa Fashions’ products and undertakes never to challenge their validity, registration and use in the Territory. The Buyers and Visitors undertakes not to derive any right from the use of Avisa Fashions’ products and undertakes never to attempt to register, directly in his name or indirectly by a third party, any identical or confusingly similar trademark or internet domain name that may infringe Avisa Fashions’ trademarks or constitute unfair competition. In case the Buyers and Visitors applies for or uses any identical or similar trademark or domain name to Avisa Fashions’ products, they shall immediately take all necessary actions, at their own expense, to cancel or transfer the infringing trademarks or domain names to Avisa Fashions upon Avisa Fashions’ first demand. The Buyers and Visitors undertake to inform and to immediately notify Avisa Fashions of illicit imitation and more generally of any unfair competition practices based on the Protected Elements.

Trademark, Copyright and Restriction

  1. This site is controlled and operated by Avisa Fashions and products are sold by Avisa Fashions. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Buyer’s and Visitor’s personal, non-commercial use. The Buyers and Visitors must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and The Buyers and Visitors must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which The Buyers and Visitors receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

IPR complaint

In case The Buyers and Visitors feel that an IPR has been infringed, they can write to Avisa Fashions at avisafashions@gmail.com.

Product Description

Avisa Fashions does not warrant that Product description or other content of this Website are completely accurate, complete, current, or error-free and assumes no liability in this regard.

Limitation of Liability

In no event shall Avisa Fashions be liable for any special, incidental, indirect or consequential damages of any kind in connection with these terms and conditions, even if buyer has been informed in advance of the possibility of such damages.

Contact Us

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website at avisafashions@gmail.com or phone number +917829290801

Grievance officer

In accordance with Information Technology Act 2000 and rules made there under, the contact details of the Grievance Officer are provided below:

Grievance Officer, Avisa Fashions 313, 26th Cross 9th Main BSK 2nd Stage Near Mono Type, Bengaluru, Karnataka-560070 Email: avisafashions@gmail.com

Disputes (Resolutions) Policy

  1. Generally, transactions are conducted smoothly on the Website. However there may be some cases where both the Buyers and Avisa Fashions may face issues. Avisa Fashions’ Dispute Resolution Process is as follows – When there is a dispute between the Buyers and Avisa Fashions, both Parties shall make all attempts to mutually and amicable resolve such dispute. Failure to do so shall give the aggrieved Party the right to institute appropriate proceedings under the scope of law.
  2. What is a ‘dispute’? A ‘Dispute’ can be defined as a disagreement between a Buyer and Avisa Fashions in connection with a transaction on the Website/Stores.
  3. How does a ‘dispute’ occur in the Marketplace? a) Disputes are filed as a result of a disagreement between the Buyer and Avisa Fashions. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue. b) It is important that before a Buyer/Avisa Fashions raises a dispute, they should attempt to solve the issue.
  4. How is a ‘dispute’ created? Whenever there is a disagreement, the Buyer can write to support@avisafashions.com, in order to raise a dispute. Disputes can be raised at a particular transaction level.
  5. What are the various types of ‘disputes’? Following are the indicative examples of potential disputes: (a) Wrong item received (b) Item Not as described (c) Damaged or Seal broken on Product (d) Part/Accessory missing (e) Item not Compatible (f) Seller Description/Specification Wrong (g) Defective (Manufacturing defects) (h) Product not working (i) Avisa Fashions claims invalid Invoice (j) Payment not received (k) Theft of a product form Avisa Fashions’ Stores
  6. Email Abuse & Threat Policy: (a) Private communication, including email correspondence, is not regulated by Avisa Fashions. Avisa Fashions encourages its Buyers to be professional, courteous and respectful when communicating by email. (b) However, Avisa Fashions will investigate and can take action on certain types of unwanted emails that violate Avisa Fashions policies. Such instances: (b.1) Threats of Bodily Harm – Avisa Fashions does not permit Buyers to send explicit threats of bodily harm. (b.2) Misuse of Avisa Fashions System – Avisa Fashions allows Buyers to facilitate transactions through the Avisa Fashions system, but will investigate any misuse of this service. (b.3) Spoof (Fake) email – Avisa Fashions will never ask the Buyers to provide sensitive information through email. In case the Buyers receive any spoof (fake) email, the Buyers are requested to report the same to Avisa Fashions through ‘Contact Us’ tab. (b.4) Spam (Unsolicited Commercial email) – Avisa Fashions’s spam policy applies only to unsolicited commercial messages sent by Avisa Fashions Buyers. Avisa Fashions Buyers are not allowed to send spam messages to other Buyers. (b.5) Offers to Buy or Sell Outside of Avisa Fashions – Avisa Fashions prohibits email offers to buy or sell listed products outside of the Avisa Fashions Website. Offers of this nature are a potential fraud risk for both Buyers and Avisa Fashions. (b.6) Avisa Fashions policy prohibits Buyer-to-Buyer threats of physical harm via any method including, phone, email and on Avisa Fashions’ public message boards.
  7. Violations of this policy may result in a range of actions, including: (a) Limits on account privileges; (b) Account suspension; (c) Cancellation of listings; (d) Loss of special status.

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