Terms and Conditions

Introduction

Thank you for visiting  www.shivhandicrafts.com. Before accessing this website, please read the terms and conditions. This website’s Terms of Use & Privacy Policy describes the conditions under which users of the website owned and operated by Shiv Handicrafts and its affiliates and associate companies may use the website.

This site is operated by us for promoting and selling the products and services supplied by us. You confirm your acceptance of the terms and conditions by using this site. Please continue to review the terms of use whenever accessing or using this site as from time to time we may modify the conditions. Please do not use the site if at any time you do not wish to accept the terms and conditions.

Revisions

Please check periodically for changes as we reserve the right to revise the terms and conditions from time to time as explained further. If you do not agree with any of the revised terms and conditions, please stop using the Shiv Handicrafts website.

Content

The website and its contents, including, without limitation, all text, images, videos and photos are owned and/or licensed by Shiv Handicrafts. Reproduction, distribution, republication or retransmission of any material of the website is prohibited unless prior written permission of Shiv Handicrafts has been obtained. Shiv Handicrafts reserves the right to prohibit linking to the website for any reason in its sole decision.

No Warranty

The content on the website has been prepared by Shiv Handicrafts for promoting and selling the products and services supplied by us. While reasonable efforts have been made to ensure the information on the website is accurate, the information is not guaranteed to be correct, complete or up-to-date at all times. All website’s information is provided on “as-is where-is” basis. No warranty is made as to the accuracy of the content on the website. Shiv Handicrafts reserves the right to change website content as needed, with retroactive effect as designated, to correct any errors or other information that may have been posted.

Registration

Registration is not a requirement when ordering from Shiv Handicrafts. If you do decide to register, you can register in the “Log In” section. However, this is not a credit account; payment will be required upon placing of order or delivery of goods. This account can be set up by following the instructions on the website.

- You must be over eighteen years of age or, if you are a business, you must be operated by a person over eighteen years of age.

- You must ensure that the details provided by you on registration or at any time are correct and complete.

- You must inform us immediately of any changes to the information that you provided when registering, by updating your personal details within the order deadlines specified on our website.

- The personal details you give to us are governed by our privacy policy.

- Following your set up of an account, we will email confirmation of your account setup to you. For your records, please print or save this email. For your records, please also print or save these terms and conditions for future reference.

Password & Security

When you register to use the website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted in your account. If you know or suspect that someone else is using your account, you should notify us by contacting us immediately. You should also change your password immediately through the “My Account” section of the website.

If the Shiv Handicrafts team has reason to believe that there is likely to be a breach of security or misuse of the Shiv Handicrafts website, we may require you to change your password or we may suspend or cancel your account.

Payment

You must ensure that Shiv Handicrafts is provided with accurate personal information, contact numbers and delivery addresses. You must update us with any change to these details within the deadlines specified on the website. As of now, payments to Shiv Handicrafts can be made through Cash on Delivery, Internet Banking, Wallet Transaction, Debit and Credit Card.

Product Purchases

- You must be over the age of eighteen to purchase products from Shiv Handicrafts. If you have ordered any product from us and cannot be present to take the delivery at your selected delivery time, it is your responsibility to ensure that a suitable person aged eighteen or older is present to receive the order.

- You may use our online ordering facility on the website to place your orders at any time after you have created an account. The facility and our communications to you in relation to any order or contract will be in the English language. The facility allows you to review your order and make any corrections before placing the order with us. By placing the order you confirm that you have made any such corrections.

- Each product for which you click ‘add to cart’ is added to the ‘cart’ facility. You are given the opportunity to review the order in your dashboard when you proceed to ‘check out’. You can make changes or cancel the purchase of each of the products completely at any time before clicking ‘place order’. After you have clicked ‘place order’ i.e. your submission of an order, it amounts to an offer to enter into a contract to buy the products from us; you cannot then withdraw or cancel your order except as stated below:

- Order is accepted and confirmed from you only when our website displays an order confirmation message. This message is displayed after you click ‘place order’ and have made the payment. When you order by telephone, your order will be accepted (or rejected, as the case may be) verbally by our staff. A contract for sale of products to you arises on our acceptance of your order.

- Where we accept an order, we do all that we can to ensure that your order is fulfilled. Products are, however, subject to availability and market conditions and we do not always know if a product is or will be available at the time of accepting an order. If we are unable to deliver an item you have ordered, we may offer a reasonable substitute. You may reject that substitute, and you will not be charged for it or if you have paid already, we will refund any amount paid for it. If we do not offer a substitute, we will remove the product from your order so that you are not charged or if you have paid already, we will refund you the price. We will, however, bear no liability for unavailability of products.

- You may check the price of each product while reviewing your order in the dashboard prior to you clicking the ‘place order’ button.

- You can view your order details by clicking on ‘dashboard’ whenever you are logged in.

- All products offered by us are subject to seasonal changes in supply levels, shelf life and market prices. If you are a ‘subscription’ customer (e.g. where you choose to have repeat orders of products) the prices for certain products may, therefore, differ from the price for those products when first ordered by you. The prices for all products ordered on a subscription basis shall be the prevailing prices for the products at the time of delivery stated on our website. We recommend that you check the website regularly. The website still allows you to review all the products (and their prices) that you have already ordered from us, and make amendments and corrections to them until the deadlines published on the website.

- Some of our products are priced by weight. We show the prices for weights on the website. The guide weight is for guidance only; the weight you receive may vary from this guide and the price you are charged will be for the weight of product delivered.

- Ordering a product from us carries with it the obligation to pay for it unless we receive from you a cancellation of or change to your orders before the deadlines as per the cancellation policy published on the website. You remain responsible for ensuring that any such change or cancellation is not only transmitted by you but received by us, in time before the deadline. We reserve the right to deliver and charge in full for any order unless we have received notice of cancellation before the published deadline. This deadline is important since, typically, we make up the deliveries for dispatch to you the day before delivery and make or obtain some of the products especially to fulfil your order and may not be able to sell the products elsewhere. Any payments you have made for orders which have been properly cancelled will be returned to you.

- We sell only to end users and our products are not for re-sale. You warrant that you shall not re-sell any of the products unless you’re a distributor or in collaboration with us.

- All prices for products are inclusive of any applicable taxes.

Delivery of Products

- We will make delivery to your address as stated when you set up an account or while placing the order. We reserve the right not to deliver to all locations and we will inform you when you apply to register an account with us or place the order whether we can deliver to your address.

- You are responsible for making suitable arrangements to receive your delivery and giving us appropriate instructions. In the event that your delivery is stolen from your doorstep or from security guards or damaged while there, we do not accept liability and will offer compensation at our discretion. We reserve the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal. No changes to address details can be made once the order is placed except for subscription orders, which must be made before the order deadlines published on our website.

- We endeavour to keep your delivery time the same as mentioned while placing your order, but we reserve the right to change it temporarily or permanently and will inform you if we do so.

- If we are unable to deliver to you or have to deliver late, for reasons beyond our control, for example, adverse weather conditions, strike / ‘band’ actions, vehicle breakdown, traffic congestion or supplier failure, we cannot accept liability for any inconvenience or loss that this causes. We will not charge for products unless or until we have delivered them to you.

- We will not charge you for incorrect products (products that you have not ordered and substitutes for those products which are not acceptable to you) or products which we have not delivered in accordance with these terms and conditions. Otherwise, our liability in respect of incorrect delivery is limited to the price of the incorrect products or the products not so delivered subject as provided in the section below.

- You must inspect the products immediately after delivery and notify us within 24 hours if you find any defects, by calling us, emailing us or writing to us at the telephone number or address shown on our website. We will replace or refund you for defective products if notified within 24 hours of delivery. Otherwise, our liability is limited as provided in the section below.

Excluded Services

It is your responsibility, at your cost, to obtain computer, internet connectivity, telecommunications or other necessary equipment or services to access the website.

Availability of Website/Services

Although Shiv Handicrafts aims to offer you the best service possible, we make no promise that our website services will meet your requirements and we cannot guarantee that the service will be fault-free. If a fault occurs in the service, please report it to us via the contact details mentioned on the website and we will correct the fault as soon as we reasonably can.

Your access to the website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply.

Cancellation Rights

Shiv Handicrafts may suspend or cancel any accepted order or your registration immediately at our reasonable discretion or if you breach any of the obligations under these terms and conditions.

You can cancel your registration with us at any time by deleting your account or informing us in writing. If you do so, you must stop using Shiv Handicrafts services.

The suspension or cancellation of your registration shall not affect your and/or our rights or liabilities accrued to the date of suspension or cancellation or any orders submitted by you before we received notice of your cancellation, and you will continue to be bound by such orders.

Warranties & Liability

- While Shiv Handicrafts tries to ensure that material included on the website or in any other catalogue or materials is correct, we cannot accept responsibility if, despite our endeavours, this is not the case. Without prejudice to your statutory rights, we may correct any inaccuracies and/or errors and we will not be responsible for any such inaccuracies and/or errors or for the results obtained from the use of such information or for any technical problems you may experience with the website.

- We warrant that the products will be of satisfactory quality and, therefore, if the products which you purchase from us are faulty or defective, you should notify us in accordance, as mentioned above. We will examine the products and, if the products are faulty or defective, we will replace the faulty or defective products or refund the price of the faulty or defective products.

- The warranty above does not apply to faults or defects which have been caused by your misuse and/or neglect of the products or by accidents caused while the products are in your possession.

- We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the contract for:  a) Any losses which are not foreseeable by you and us when the contract for the supply and purchase of the products is formed arising in connection with the supply of products and related services or their use by you. b) Any losses which are not caused by any breach by us; or business or trade losses (including, without limitation, loss of profits, loss of goodwill, loss of reputation and loss of business).

- Subject to the provisions listed, our entire liability in connection with the contract for the supply and purchase of products will not exceed the purchase price of the products in question.

- Nothing in these terms and conditions means that our liability to you for death or personal injury resulting from our negligence or that of our employees, agents or subcontractors is limited.

- We shall not be liable for any delay or failure in the performance of our obligations due to events beyond our reasonable control such as but not limited to fire, flood, adverse weather, strikes, labour disputes/band, riots, civil unrest, accident, disruption to energy supplies, equipment or supplier failure, road traffic problems, terrorism or war.

Intellectual Property Rights

All copyrights and other intellectual property rights subsisting in the website and its contents, including without limitation all text, graphics, product descriptions, packaging, product images, photographs, creatives, banners, labels, and code contained in the website, and in its look and feel (collectively, the “Contents“) are owned by Shiv Handicrafts or members of its group of companies, or by third-party providers.

Except where otherwise specified, you may view and copy the Contents only for your own use, provided that such use shall amount to ‘fair dealing’ under the provisions of Copyright Act, 1957. You agree that any use of the Contents by you shall bear all the proprietary notices and disclaimers displayed along with them on the website. Shiv Handicrafts reserves the right, but has no obligation, to change the Contents at any time.

Other than as specified above, you shall not modify or copy the website or any of its Contents, in whole or part in any form, including by framing, alteration, adaptation, incorporation into other websites or other publication, or be used to create any derivative work. In case of any unauthorised use of Contents, Shiv Handicrafts reserves the right to exercise all civil and legal remedies available to Shiv Handicrafts to stop any such unauthorised use or infringement.

None of Shiv Handicrafts’ trademarks and copyrights may be used without Shiv Handicrafts’ prior written permission. Shiv Handicrafts reserves all its rights in such trademarks.

Other than as specified above, nothing on the website should be construed as granting any right or license. Shiv Handicrafts does not guarantee that you have any right to use content available on the website that is owned by any third party, and that third party’s permission will not be required before you use such content. None of the Content may be changed, nor may any copyright or any notice on any of the Content be altered or removed, without Shiv Handicrafts’ prior permission.

You agree to indemnify and hold Shiv Handicrafts (including its officers, directors, employees, agents and other representatives) harmless from all liabilities, claims and expenses (including reasonable attorneys’ fees and expenses) resulting from your (i) breach of these Terms and Conditions, (ii) misuse of the website or any of the Contents, or (iii) infringement of any of Shiv Handicrafts intellectual-property rights.

Geographic Scope of Site

Shiv Handicrafts controls and operates this website from within India. Unless otherwise specified on or by this website, this website is intended to promote only those Shiv Handicrafts products that are sold by Shiv Handicrafts in Indian territories, and Shiv Handicrafts makes no representation that materials in this website or the products described thereby are appropriate or available for use in other locations. All visitors to this website are responsible for compliance with all local laws applicable to them with respect to the content and operation of this website.

Product Specification and Availability

Shiv Handicrafts reserves the right without prior notice to discontinue or change specifications on products and services offered on this site without incurring any obligations.

Applicable Law

These terms and conditions shall be governed by and construed in accordance with the Indian laws. The legal courts will have non-exclusive jurisdiction over any disputes arising under or in relation to these terms and conditions.

Jurisdiction and Applicable Law

Any dispute arising from these Terms of Use shall be governed by the Indian laws and subject to exclusive jurisdiction of courts in the city of Ahmedabad, Gujarat, India.

Miscellaneous

You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.

The provisions of the contracts are expressly excluded from our contractual relationship with you so that no third party may claim any rights under that contractual relationship (but this shall not affect any right or remedy of a third party which exists or is available apart from that Act).

Amendments

The Terms and Conditions may be amended at any time by Shiv Handicrafts in its sole discretion. We may update these terms and conditions from time to time by posting the updated terms and conditions on our website in place of these. The changes will apply to the use of the Shiv Handicrafts website after we have given notice. If you do not wish to accept the new terms and conditions, you should not continue to order from Shiv Handicrafts or use the Shiv Handicrafts website. If you continue to use the Shiv Handicrafts website after the date on which the change comes into effect, your use of the Shiv Handicrafts website indicates your agreement to be bound by the new terms and conditions.

Acceptance of Terms of Use

THE USE AND VIEWING OF THE WEBSITE INDICATES YOUR AFFIRMATION TO THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.

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