Terms and Conditions
Arastan (www.arastan.com, "the website") is an e-commerce website selling hand-picked, high quality, handicraft items, from India and elsewhere. Arastan is registered in Bangalore, India and may be contacted via the details given on our Contact Us page.
All products displayed by Arastan constitute an "invitation to offer". Your order constitutes your "offer" which shall be subject to these terms and conditions. Arastan reserves the right to accept or reject your offer. If you have supplied us with a valid email address we will notify you by email as soon as possible to confirm receipt and details of your order. Our acceptance of your order shall take place upon despatch of the product(s) ordered. No act or omission of Arastan prior to the actual despatch will constitute acceptance of your offer.
In order to access certain areas of the website, and to store personal information related to your account, you will require a password. You are responsible for maintaining the confidentiality of this password and account, and are fully responsible for all activities that occur related to it. You agree to immediately notify Arastan of any unauthorised use of your password or account, or any other breach of security.
You agree that you will access and use the website only for lawful purposes and in accordance with applicable law and these terms. You agree not to use the website to upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, indecent, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. You may not collect or store personal information regarding other users. You further agree not to upload, post, transmit, share or otherwise make available any unsolicited or unauthorised advertising, promotional materials, junk or spam mail, chain letters, pyramid schemes or any other form of solicitation.
You agree not to disrupt, overwhelm, attack, modify or interfere with the website or any associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others use of the website. You further agree not to alter or tamper with any information or materials on or associated with the website.
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others.
Website Content, Product Descriptions, Pricing and Payments
Whilst Arastan and our suppliers make all reasonable attempts to be as accurate as possible with the information displayed on the website, neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of this information for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. If a product offered by Arastan is not as described you may return it in unused condition as per our returns policy.
All of Arastan's products are handcrafted. Subtle variations in colour, texture, design and finish are intrinsic to handmade products and as such irregularities are not necessarily a defect; on the contrary, it is often these small differences that add to the uniqueness and character of handmade crafts. We have attempted to display product colours as accurately as possible, however it should be noted that colour rendition is dependent on your computer monitor and hence we cannot guarantee that your monitors display of colours will be exact.
Whilst Arastan strives to provide accurate pricing information, we do not guarantee that errors will not occur. In the event that a product is listed at an incorrect price, Arastan may, at its sole discretion, cancel any orders placed for that product, unless the product has already been despatched, and notify you of the cancellation. In the event that an item is incorrectly priced, Arastan may modify the price of the product and contact you for further instructions regarding proceeding with, or cancelling, the order.
You agree and confirm that any credit or debit card details provided by you will be correct and accurate and you shall not use any credit card which is not lawfully owned by you. The liability for use of a card fraudulently, and the onus to prove otherwise, will be on you. Furthermore, we as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorisation for any transaction, on account of the cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
Trademark, Copyright and Intellectual Property Rights
The website and all of its content, including text, images, illustrations, audio clips, video clips, designs, etc., is protected by copyrights, trademarks and other intellectual property rights either owned by Arastan or by other parties that have licensed their material to us. We grant you a limited, revocable, non-exclusive license, with no right to sublicense, to access, display, and copy material (excluding any software code) displayed or provided on the website solely for your personal, non-commercial use. You agree not to copy, reproduce, republish, upload, post, transmit or distribute such material in any way. Without the prior written consent of the owner, modification of the materials or use of the materials in any manner and for any purpose other than personal, non-commercial use is a violation of the intellectual property rights, and is prohibited.
Limitation of Liability
The website is provided without any warranties or guarantees and in an 'as is' condition. Arastan has endeavoured to ensure that all the information on the website is correct, but neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Arastan will not be liable for any damages of any kind arising from the use of the website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages. Furthermore, Arastan shall not be held responsible for non-availability of the website, whether due to planned maintenance or unplanned due to technical reasons, or for any reason beyond Arastan's control.
You agree to indemnify, defend and hold harmless Arastan from and against any and all claims, liabilities, losses, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) arising in connection with your use of the website.
These terms shall survive indefinitely unless and until Arastan chooses to terminate them.
Arastan may suspend or terminate your use of the website if it believes, in its sole and absolute discretion, that you have breached any of these terms. Furthermore, Arastan reserves the right to investigate and take appropriate further action, including, but not limited to, legal proceedings.
These terms shall be governed by and constructed in accordance with the laws of the state of Karnataka, India, without reference to conflict of laws principles. Disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Bangalore.