TERMS OF USE

The following “Terms of Use” are published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 as applicable pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 which require publishing the rules and regulations, Terms of Use for access or usage of domain name i.e. www.avashabeauty.com (hereinafter referred to as “Website”), including the related mobile site and mobile application (hereinafter referred to as “Platform”).

This Platform is owned and managed by M/s Avani Cosmetics Private Limited (hereinafter referred as “Avasha Beauty”) a company incorporated under the Companies Act, 2013 with its registered office at 104, First Floor, Paras Emperor, Bawadia Kalan, Huzur, Bhopal, Madhya Pradesh acting under the Trade Name “Avasha Beauty” , engaged in the business of facilitating selling, marketing and retailing cosmetic and beauty products (“Business”) through the e-commerce platform developed and owned by our company and/or our affiliates or offline stores/events to conduct its Business.

For the purposes of these Terms of Use, it is hereby clarified that wherever the context so requires "You" or "User" or “Buyer” shall mean any natural or legal person who has agreed to become a user/buyer on the Platform by providing Registration Data while registering on the Platform as Registered User using the computer systems. The term "We", "Us", "Our" or “Seller” shall mean M/s Avani Cosmetics Private Limited’s

It is hereby expressly provided that M/s Avani Cosmetics Private Limited reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to users. The company declares that it may review these Terms of Use periodically for updates / changes, and users are advised to read the same. Your continued use of the Platform following the posting of changes shall carry your deemed acceptance and agreement to the revisions. Users are henceforth granted a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

Therefore, it is declared that Accessing, Browsing or Using of this platform, otherwise is a clear and express communication of your implied and express consent to all the terms and conditions, privacy policy including other relevant policies issued by us. You also accept and agree to be bound by our Policies (including but not limited to Privacy Policy available at Privacy) as amended from time to time. In the aforementioned context please refer to the following “Terms of Use” before entering the platform.

Account and Registration Obligations

If users agree to the terms of use mentioned herein for the purposes of using this Platform, they shall be responsible/liable for maintaining the confidentiality/privacy of their Display Name(s) and Password and shall be responsible for all activities that occur under your registered Display Name and Password.

Kindly note that at any stage, if it is found that information provided by you while registering in this platform as user are false, misleading, inaccurate, not current or incomplete or in case there are reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, we shall have the right to indefinitely suspend or terminate or block access of such membership on the Platform and refuse to provide the access to the Platform.

You agree that Avasha Beauty shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, wherein You have failed to update Your revised mobile phone number and/or e-mail address on the Website Platform.

For the purposes of using this platform, your mobile phone number and/or e-mail address is treated as users’/your primary identifier on this Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify us promptly if your mobile phone number or e-mail address changes by updating the same on this Platform through a ‘onetime password’ verification.

Communications

When you use the Platform or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You agree to receive communications via electronic records from Us as and when required. We may communicate with you by email or by any other mode of communication, electronic or otherwise.

Platform for Transaction and Communication

Therefore:

Kindly note that placement of any order by a Buyer i.e. users with Seller i.e. Avasha Beauty on this Platform is an offer to purchase/buy the product(s) which shall not be construed as Seller's acceptance of Buyer's offer to buy the product(s) ordered, unless it is accepted through the application/website. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer without undue or deliberate delay. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual's consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.

Membership Eligibility

Transaction on the Platform 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 un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent ormlegal guardian.

As a minor if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. Avasha Beauty reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to Avasha Beauty’s notice or if it is discovered that You are under the age of 18 years and transacting on the Platform

Avasha Beauty may charge a nominal fee for browsing and buying on the Platform. Avasha Beauty reserves the right to change its Fee Policy from time to time. In particular, Avasha Beauty may at its sole discretion introduce new services/fees and modify some or all of the existing services/fees offered on the Platform. In such an event, Avasha Beauty reserves the right to introduce fees for the new services offered or amend/introduce fees for existing/new services, as the case may be. Changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Avasha Beauty Internet Private Limited

Use of the Platform

You herein agree/undertake and confirm that Your use of Platform shall be strictly governed by the following binding principles:

  1. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
  1. You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform.
  1. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Avasha Beauty, Avasha Beauty.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Avasha Beauty or sellers on platform or otherwise tarnish or dilute any Avasha Beauty's 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. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Avasha Beauty's systems or networks, or any systems or networks connected to Avasha Beauty.
  1. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.
  1. You may not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Avasha Beauty and / or others.
  1. You 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, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You 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.
  1. Kindly note that Avasha Beauty 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 of Use. Notwithstanding this right, the users shall solely remain responsible for the content of the materials posted by the users on the platform including any private messages. Please be advised that such content posted does not necessarily reflect Avasha Beauty’s In no event, shall Avasha Beauty assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform.
  1. Users hereby represent and warrant that they have all necessary rights in and to all Contents provided by them and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any slanderous, defamatory, libellous, tortious, or otherwise unlawful information

Privacy

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. Hence for the concerns related to privacy, a separate policy to that effect can be found in the same platform.

Disclaimer of Warranties and Liability:-

All the materials and products and services, included on or otherwise made available to You through this platform are provided on "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Avasha Beauty does not warrant that this Platform will be constantly available, or available at all; or The information on this Platform is complete, true, accurate or non-misleading.

It is declared that nothing on this Platform constitutes, or is meant to constitute, solicitation or advice of any kind.

You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates.

PRICING

Avasha Beauty strives to provide accurate product and pricing information, however errors may occur. It is hereby clarified that Avasha Beauty cannot confirm the price of the product until you make the order. Without limiting the generality refund policy below, if a product / service is listed at an incorrect price or with incorrect information due to any technical error, Avasha Beauty shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered or the service has already been availed by you. In the event that an item is wrongly priced, Avasha Beauty may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered and the services are availed, your offer will not be deemed accepted and AVASHA BEAUTY will have the right to modify the price of the product/ service and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of order, or cancel the order and notify you of such cancellation. In the event that AVASHA BEAUTY accepts your order the same shall be debited to your credit card/ debit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to AVASHA BEAUTY’s dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to your credit / debit card account.

Payment

While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

  1. Lack of authorization for any transaction/s, or
  2. Exceeding the preset limit mutually agreed by You and between "Bank/s", or
  3. Any payment issues arising out of the transaction, or
  4. Decline of transaction for any other reason/s, etc.

The platform/company shall be free to accept payments and process refunds in the currency of its choice, depending upon the region involved.

Before shipping/delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction.

Kindly note that Avasha Beauty or its service providers are authorised to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility.

Payment Facility for Buyers:

  1. Kindly note that You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
  1. Kindly note that You, as a Buyer, may agree with the Seller 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.
  1. Kindly note that You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Platform features within the stipulated time than this would make You ineligible for a refund.
  1. Kindly note that You, as a Buyer, 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 You may not be entitled to a refund in respect of the Transactions for those products and /or services
  1. Kindly note that Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received, or through any other method available on the Platform, as chosen by You.
  1. Kindly note that For Cash On Delivery transactions, refunds, if any, will be made via electronic payment transfers.
  1. Kindly note that Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
  1. Kindly note that for all electronics payments, refund(s) shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
  1. Kindly note that Avasha Beauty reserves the right to impose limits on the number of Transactions or Transaction Price which Avasha Beauty 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 Reserve Bank of India 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.
  1. Kindly note that Avasha Beauty reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Avasha Beauty or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

Compliance with Laws:

  1. Kindly note that as required by applicable law, if the Customer makes a purchase of an amount equal to or above INR 2,00,000 (In words Rupees Two Lacs only or above), the User/Customer shall be under the obligation to upload a scanned copy of his/her PAN card on the Platform, within 4 days of making the purchase, failing which, the purchase made by the Customer will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by the Customer, it need not be submitted again. The order of the Customer shall stand cancelled if there is a discrepancy between the name of the Customer and the name on the PAN Card.
  1. Kindly note that Buyer and Seller shall comply with all the applicable laws and the rules made and notifications issued there under from time to time as amended.

REPLACEMENT/RETURN  POLICY:

If at the time of delivery and/or within the applicable return policy period, if any defect is found, then the buyer of the product/s can ask for replacement/return of the product/s from the seller subject to the following terms and conditions.

  1. Notify seller of any defects in the product/s at the time of delivery of the product/s and/or within the applicable return policy period and the same product/s will be replaced in return of the defective product/s.
  2. Replacement can be for the entire product/s or part/s of the product subject to availability of the same with the seller.

Following products shall not be eligible for return or replacement:

  • Damages caused by negligence of the user/purchaser/buyer;
  • Damages due to misuse of product;
  • Incidental damage due to malfunctioning of product;
  • Products with tampered or missing serial numbers;
  • Any product that is returned without all original packaging and accessories, including the box, manufacturer's packaging if any, and all other items originally included with the product/s delivered;

Kindly note that if Avasha Beauty has any suspicion or knowledge that any of its buyers is involved in any activity that is intended to provide claims or information that is false or not genuine, Avasha Beauty may also, while reserving its rights to initiate civil and/or criminal proceedings against such member buyers and sellers, at its sole discretion, suspend, block, restrict, cancel the Display Name of such buyers and sellers and/or disqualify that user and any related users from availing protection through this program. Customers who have been blocked for any suspicious or fraudulent activity on Avasha Beauty will not be allowed to return their products. The decision of Avasha Beauty shall be final and irrevocable in this regard.

PRODUCT & SERVICES INFORMATION

Kindly note that Avasha Beauty attempts to be as accurate as possible in the description of the product on the Platform. However, Avasha Beauty does not warrant that the product description, colour, information or other content of the Platform is accurate, complete, reliable, current or error-free. The Platform/Site may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative in nature and may not match the actual product. Hence, users agree to not raise any claim for any ground of mismatch of the actual product from its pictorial depiction, which is purely suggestive or indicative in nature.

AVASHA BEAUTY reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the product or services.

CUSTOMER SUPPORT BY CHAT FUNCTION:

Avasha Beauty always strives to provide you the best surfing and shopping experience. The Chat Function has been provided to help and assist you with any and all Site related queries. Any use of this service shall be subject to the following conditions:

  • AVASHA BEAUTY may suspend the chat service at any time without notice.
  • AVASHA BEAUTY or its executives are not responsible for any delay caused in attending to or replying to the queries via chat.
  • Communication through chat may be stored by AVASHA BEAUTY for future reference, and the user of such service will not have the right to access such information at any future date.
  • While 'chatting' you may not communicate any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information.
  • The chat room shall not be used to sell any products, to give suggestion on business opportunity or any other form of solicitation.
  • You may proceed further and chat with our online customer care executive only if you agree to the above terms and conditions.
  • Applicable laws on this subject-matter shall be attracted.

INTELLECTUAL PROPERTY RIGHTS:-

The "Avasha Beauty" name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as "Marks" ) of M/s Avani Cosmetics Private Limited’s. All other Marks provided on the Site are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of AVASHA BEAUTY or others, are the intellectual property of their respective owners, and AVASHA BEAUTY shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.

Kindly note that AVASHA BEAUTY exclusively reserves all the intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Site, including its looks and feel. The compilation (meaning the collection, arrangement and assembly) of the content on the Site is the exclusive property of AVASHA BEAUTY and are protected by the Indian copyright laws and International treaties. Consequently, the materials on this Site shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents " ) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. The Contents and software on this Site are to be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on this Site is strictly prohibited. Unless AVASHA BEAUTY explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed and/or other intellectual property owned, controlled or licensed by AVASHA BEAUTY, any of its affiliates or by third parties who have licensed their materials to AVASHA BEAUTY and are protected by Indian copyright laws and international treaties.

GENERAL

After reading the aforementioned terms of use You expressly acknowledge and hereby agree to these Terms and Conditions and that it constitute the complete and exclusive agreement between the users and M/s Avani Cosmetics Private Limited - concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.

CONTACT

E-mail: customercare@avashabeauty.com

Contact: +971505109894

Address: 104, First Floor, Paras Emperor, Bawadia Kalan, Huzur, Bhopal, Madhya Pradesh