Terms & Conditions
Legalities.The Fine Print
Use of 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, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Almirah website and shall not transact on or use the Website. As a minor if you wish to use or transact on Website, such use or transaction may be made by your legal guardian or parents on the Website. Almirah reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Almirah's notice or if it is discovered that you are under the age of 18 years. By using the Website You are representing to Us that You are competent to contract in accordance with the applicable laws.2. Your Account and Registration Obligations
When You use the Website 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 consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.DISCLAIMER:
Almirah reserves the right to change, alter, modify, discontinue any product(s) available on the Website at its sole discretion. Almirah will not be responsible for any products which are out of stock or unavailable for any reasons whatsoever.Almirah shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network, disruption in the network. Any dispute in connection to the above shall be settled between the subscribers/ User(s) and the telecom/mobile operator directly, without involving Almirah. In case of any telecom and /or network failure and /or technical failure in launching and /or activating and /or operating the Website and/or for any reasons whatsoever, Almirah reserves the right to at its sole discretion to change the Website and /or cease the registration process, in any manner it may deem fit and necessary. In addition Almirah shall not be liable and /or responsible in any manner whatsoever in the event of any malfunction/fault /failure in the mechanism /system failure / due to technical /technological restrictions and /or due to reasons /events/incidents beyond the control of Almirah and the User(s) shall hold harmless Almirah and its employees, officers or any other person in relation to the Website with respect to the same. You acknowledge your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. Almirah will endeavour to limit the frequency and duration of any such suspension or restriction.
You may purchase a product being offered for sale on the Website by making payments through the payment methods available on the Website. All payments must be made in Indian Rupees.While availing any of the payment method/s available on the Website, Almirah will, in no manner be liable for any losses, damages, claims, penalties, expenses arising out of (whether directly or indirectly) from the following:
1. Failure, decline or lack of authorsation of any transaction(s);
2. Any payment issues arising out of the transaction; and/or
3. Exceeding the pre-agreed limit mutually agreed by you and any bank in respect of your card or your account.
You acknowledge that Almirah relies on third party service providers to process the transactions and payments made by you. Once the payment has been received by Almirah, your order will be shipped. Prior to shipping /delivering your order to you, Almirah may request you to provide supporting documents to establish the ownership of the payment instrument used by you for your purchase.
There may be certain orders that Almirah is unable to accept and must cancel. Almirah reserves the right, at Almirah's sole discretion, to refuse or cancel any order for any reason whatsoever. You order may be cancelled on account of circumstances including but not limited to non-availability of the product or quantities ordered by you, non- availability of the service, inaccuracies or errors in pricing information., error during payment processing, failure of the Website.
Refunds, if any, shall be made through the normal banking channels by which payments were made.In case of requests for order cancellations from the User, Almirah reserves the right to accept or reject requests for order cancellations for any reason whatsoever. If Almirah receives a cancellation notice and the order has not been processed/ approved by Almirah, Almirah may cancel the order and refund the entire amount to you within a reasonable period of time. Almirah will not be able to cancel orders that have already been processed. Almirah has the full right to decide whether an order has been processed or not and You ou agree not to dispute the decision made by Almirah and accept Almirah's decision regarding the cancellation and hereby release Almirah from all claims.
You release and indemnify Almirah and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Almirah cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.Please note that there could be risks in dealing with underage persons or people acting under false pretenses. To the maximum extent possible under the applicable laws, the User(s) hereby waives its’ rights and shall not in any circumstances make any claims against Almirah and/or its directors and/or employees/independent contractor entities arising out of or relating to any and all costs, injuries, losses or damages of any kind, including, without limitation due to any technical faults or directly or indirectly, to the User(s)’ utilization of the Website or any related activity.
ALMIRAH MAKES NO WARRANTY THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE WEBSITE WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE WEBSITE OR THIRD PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH USER CONTENT OR THIRD PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE. UNDER NO CIRCUMSTANCES WILL ALMIRAH BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE WEBSITE AND/OR THE PRODUCTS THAT MAY BE AVAILABLE THROUGH THE WEBSITE, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE WEBSITE, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE WEBSITE, ANY USER CONTENT, ANY THIRD PARTY ADVERTISEMENT OR THIRD PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE WEBSITE, OR THE CONDUCT OF ANY USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE. YOUR USE OF USER CONTENT, THIRD PARTY ADVERTISEMENTS, THIRD PARTY SERVICES AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE WEBSITE. Your use of this Website is at your risk. This Website and any Content, information, materials, provided on or through this Website are provided "as is" without any warranties of any kind including non-infringement of intellectual property. Neither Almirah and/or Flying Geese Quilts (“Flying Geese Quilts”) nor any of their respective affiliates makes any representations or warrants (whether express or implied), with respect to the accuracy or completeness of this Website or the information, Content, materials, products or services provided on or through this Website. The information, materials and services provided on or through this Website may be out of date, and neither Almirah and/or Flying Geese Quilts nor any of their respective affiliates makes any commitment or assumes any duty to update such information, materials or services. Except as otherwise provided under applicable laws, neither Almirah and Flying Geese Quilts nor its affiliates, nor the directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable for any damages whatsoever arising out of or related to the use of this Website or any other web site linked to this Website. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if Almirah and/or Flying Geese Quilts is notified in advance of the potential for any such damages. Almirah and/or Flying Geese Quilts’ liability with regard to any defect found in the products or due to any mishap caused by the use of the product(s) by you or others shall only be limited to the purchase value of the product(s), purchased by you from the Website, provided Almirah and/or Flying Geese Quilts will not be liable for any defect caused to the product or for any mishap caused from the use of the product(s) by you or others due to your negligence, or from your misuse of the product or from any non-adherence of the product guidelines/instructions provided by Almirah. Almirah hereby disclaims any guarantees of exactness as to the finish and appearance of the final product as ordered by you. The quality of any products, services, information, or other material purchased or obtained by you through the website may not meet your expectations. Alterations to certain aspects of your order such as the merchandise brand, size, colour etc. may be required due to limitations caused by availability of product, difference in size charts of respective brands etc. In this instance you shall follow the terms and conditions provided in the Almirah return/exchange policy. To the fullest extent permitted by applicable law, Almirah expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement, and warranties implied for a course of performance or course of dealing. In case you are unsatisfied with the product received from Almirah, you may contact the customer care team at firstname.lastname@example.org with your complaints/ feedback.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF ALMIRAH’S ACTS OR OMISSIONS OR YOUR USE OF THE WEBSITE ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE WEBSITE. THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ALMIRAH HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.9. Relationship
Each User(s) hereby acknowledges and agrees that the relationship between the User(s) and Almirah and its/their affiliated companies is not a confidential, fiduciary, or other special relationship.10. Use of the Website:
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:I. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
a. belongs to another person and to which You do not have any right to;
b. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging 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;
c. is misleading in any way;
d. 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;
e. harasses or advocates harassment of another person;
f. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
g. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
h. 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;
i. 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 and/or other copyrighted material or links to pirated music files and/or other copyrighted material;
j.contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
k. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
l. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
m. contains video, photographs, or images of another person (with a minor or an adult).
n.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 users;
p. solicits gambling or engages in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal;
q. interferes with another USER's use and enjoyment of the Website or any other individual User’s enjoyment of similar services;
s. harms minors in any way;
t. 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 or involve the sale of counterfeit or stolen products;
u.violates any law for the time being in force;
v. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is offensive or menacing in nature; impersonates another person;
x. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, 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;
y. 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.
z. shall not be false, inaccurate or misleading;
aa. 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.
bb. shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers.
II. You 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 on the Website (“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. We reserve Our right to bar any such activity.
III. You 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.
IV. You 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. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, 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 Your own information, as provided for by the Website.
V. 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 Almirah, Almirah.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Almirah or sellers on platform or otherwise tarnish or dilute any of Almirah'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 Website or Almirah's systems or networks, or any systems or networks connected to Almirah.
VI. You 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 that may be being conducted on the Website at any time, or with any other person's use of the Website.
VII. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
IX. 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.
11. User Covenants
The User(s) agrees and confirms that any and all personal information provided by the User(s) shall be true, accurate and complete and shall not be inaccurate/deficient/false.
Almirah shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on Your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
In the event of any fault, misunderstanding or dispute concerning any part of the Website, the products that may be available on the Website and/or the Content the decision of Almirah shall be final.
By using the Website, each User(s) acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Website, the products that may be available on the Website or the Content, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with utilizing the Website and services available via the Website (if any), notwithstanding the foregoing, under no circumstances will Almirah and/or affiliated entities be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.
13. Intellectual Property
All rights in all material and Content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) as well as all products available on the Website are owned by Us or our licensors. You may use the Website solely for your lawful, personal, non-commercial use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws world-wide.
We are the owner and/or authorised user of all trade marks, trade names, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Website and/or the products that may be made available via the Website, unless otherwise expressly indicated. Use of the Website does not grant you any right, title, interest or license to any such intellectual property that may be available on the Website. Any use or reproduction of the intellectual property is strictly prohibited. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade mark, service mark or logo displayed on this Website without Our prior written permission or the prior written permission of such other third party that may own the trade mark, service mark or logo displayed on this Website. Your use of the trade marks, service marks or logos displayed on this Website, except as provided herein, is strictly prohibited.
16. Governing Law