TERMS AND CONDITIONS OF SALE
Effective date: 01-06-2020
1. APPLICABLE CONTRACT PROVISIONS
These terms and conditions, together with any other documents, which the website Athenastore.in and store its owned and operated by the company VISTAARA DESIGN CONSULTANTS PVT LTD. Our registered office at First Floor, 2-152, MIG504, Mithilapuri Vuda Colony, Madhurawada, Visakhapatnam, Andhra Pradesh, 530041 (hereinafter referred “Athena store”)
Customer shall be bound by all of the terms of this Agreement when Customer accepts this Agreement by any statement, act, or course of conduct which constitutes acceptance under applicable law, including failure to object in writing hereto within a reasonable time and acceptance of delivery of the Items.
2. DESCRIPTIONS OF ITEMS
The items subject hereto are those described on your invoice or your order confirmation (the “Items”). Customers may substitute reasonably equivalent items, components, or units for any one or more of the items based upon its then current formulation. The only specifications which are a part of this Agreement are the written specifications listed on www.athenastore.in if any, made available to Customer by Customer regarding the Items. All other material describing the Items is intended only to provide the Customer with a general idea about the Items and may not be relied upon as a “basis of the bargain” for this Agreement.
A. Terms of Discount:
Athenastore may issue discount codes which will be valid for a period of time. Discounts if applicable the details shall be shared.
B. Tax and shipping charges
There are no shipping charges and GST is applicable on the price of the products as mandated by law. The charges mentioned in the website are including GST.
4. SHIPMENT, DELIVERY, AND TERMS OF ACCEPTANCE
A. Title to Items, Risk of Loss
Title to and all risk of loss concerning the Items the website shall not be liable in any direct or indirect consequences, damages or loss resulting from the consumption of the item.
B. Delivery Schedule
The delivery timeframe is 8-12 days as we ship the products within 4-7 days after the order was placed. The delivery may be delayed due to the present Covid situation. However, the same would be intimated to the customer if delayed. Presently, there are no shipping charges. The shipping details shall be shared on the checkout page if any. Payment options shall be visible on the checkout page.
We use reliable courier services for the delivery of our products. If the delivery address is not easily accessible we may have to call you for additional information about the address. In case the product returns back to us due to the unavailability of the customer in the said address or some other reason related to the customer, there would be a delay in delivery and additional charges will be levied for reshipping.
However, we would inform you through the mail and refund the full amount if, for any reason, we are unable to ship the product after the payment.
C. Force Majeure
Athena Store shall not be liable to the Customer for any delay or failure of delivery or of any other performance caused in whole or in part by any contingency beyond Athena Store’s reasonable control, including, without limitation, acts of any government, nature or any agency or subdivision thereof or shortage of or inability to secure labor, raw materials, supplies or machinery at reasonable prices or from regular sources.
D. Inspection and Acceptance
Customers shall inspect all shipments upon arrival and shall notify Athena Store in writing to firstname.lastname@example.org shortages or other failures as per this agreement.
E. Cancellation or Modification of Order
This Agreement cannot be canceled or modified after Customer’s acceptance or after the Items become work-in-process, whichever occurs first, except at Customer’s expense for all damages incurred by Customer due to such cancellation or modification.
Exchanges and returns are accepted in case the delivered product is damaged or a different product is delivered. The same shall be intimated by the customer within 48hours of delivery. The product, accessories, package, original receipt shall be sent back to us, which has to reach within 10 days of the date you receive the product.
You are required to read all the details of the product before placing your order. The cancellation of an order is accepted until the product is not shipped. Once the product is shipped, the cancellation will not be accepted. Cancellation is not applicable for customized products and bulk orders.
The amount will be refunded in the following cases:
The order is canceled before the product is shipped.
The product is out of stock.
The customer is dissatisfied with the product (refund/replacement after the product is sent back to us without any damages)
Note: Shipping and payment gateway charges are not refundable. Once the refund/replacement is confirmed by us through mail, it may take up to 5-9 days to reflect in your respective account.
5. LIMITATIONS OF WARRANTIES, DISCLAIMER OF WARRANTIES AND LIMITATION OF DAMAGES.
A. Notification of Defect and Time Limitations
The customers have to inform us at email@example.com if there is any defect within 4 days from the date of delivery along with complete details. AthenaStore takes a call at its sole discretion if it is a genuine defect and if it is the mistake of the store, the return will be accepted and it will be notified to the customer. Receiving the email, the customer has to ship the product back to Athena Store at his own cost if required. The Athena store may choose at their own discretion to replace, refund, or issue purchase vouchers of the same cost. Under no circumstances, the liability of the Athena store shall exceed the cost of the product.
B. Disclaimer of Warranties
The Athena Store makes no representation or warranty with respect to the items sold hereunder and disclaims all implied warranties including warranties of merchantability, fitness for a particular purpose, and freedom from IP infringement. No agent, employee, or representative of the website or the Customer has any authority to bind Athena Store to any affirmation, representation, or warranty except as stated in this agreement.
In the event of any default by a Customer, Athena Store may exercise any and all rights and remedies provided by law. Customer agrees to pay or reimburse all reasonable costs of collection, including reasonable legal fees, incurred by the Athena Store in collecting any amounts owing by Customer hereunder.
7. LIMITATION OF REMEDIES
The Athena Store and the owner including its legal representatives shall have no liability for indirect, incidental, consequential, or special damages of any kind. These limitations are agreed on allocations of risk. Under no circumstances shall Athena Store’s liability with regard to the sale or use of the items exceed the purchase price paid by the customer for the items.
A. Applicable law & Jurisdiction
Athena store is registered and located in Visakhapatnam, A.P, India
The courts of Visakhapatnam shall have exclusive jurisdiction over any lawsuit or other legal proceeding outside the legal scope of arbitration arising out of this Agreement or relating to the Items. Customers hereby consent to mandatory arbitration and any matters outside the scope of arbitrations consent to the jurisdiction of courts in Visakhapatnam, A.P, India.
B. Modification and Waiver
No addition to or modification of this Agreement shall be binding upon Athena Store, or the website and Customer shall not be deemed to have waived any provision of this Agreement, except pursuant to a written document signed by a duly authorized officer of Athena Store.
If any provision of this Agreement is held to be unenforceable by final order of any court of competent jurisdiction, that provision shall be severed from this Agreement, and shall not affect the interpretation or enforceability of the remaining provisions of this Agreement.
All decisions to replace, refund, or issue purchase vouchers are at the sole discretion of the website and in case of non-fulfillment of genuine order please write to the decision of the website shall be binding. Any dispute shall be subject to arbitration appointed by the 'Athena Store' and shall accept only written submissions and shall be held in Visakhapatnam, A.P.
Effective date: 01-06-2020
VISTAARA DESIGN CONSULTANTS PVT LTD (“us”, “we”, or “our”) operates athenastore.in (hereinafter referred to as “website”).
WEBSITE means the athenastore.in website operated by VISTAARA DESIGN CONSULTANTS PVT LTD. A private limited company based and operating in India.
PERSONAL DATA means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
USAGE DATA is data collected automatically either generated by the use of the website or from our mobile app.
COOKIES are small files stored on your device (computer or mobile device).
DATA PROCESSORS (OR SERVICE PROVIDERS) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the various Service Providers in order to process your data more effectively.
DATA SUBJECT is any living individual who is the subject of Personal Data.
USER is the person visiting our website. The User corresponds to the Data Subject, who is the subject of personal data.
3. Information Collection and Use
We collect several different types of information for various purposes to provide and improve our service to you.
Types of Data Collected
a. Personal Data
While using our website, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include:
a. Email address
b. First name and last name
c. Address, State, Province, ZIP/Postal code, City
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link.
b. Usage Data
We may also collect information that your browser sends whenever you visit our website or when you access the website by or through a mobile device (“Usage Data”).
This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our website that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access the website with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
c. Tracking Cookies Data
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent.
4. Types of Data
VISTAARA DESIGN CONSULTANTS PVT LTD uses the collected data for various purposes:
to notify you about changes to our service, products, offers;
to provide customer support;
to gather analysis or valuable information so that we can improve our service;
to detect, prevent and address technical issues;
to fulfill any other purpose for which you provide it;
in any other way we may describe when you provide the information;
for any other purpose with your consent.
5. Retention of Data
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our website, or we are legally obligated to retain this data for longer time periods.
6. Transfer of Data
7. Disclosure of Data
We may disclose personal information that we collect, or you provide:
i. Disclosure for Law Enforcement.
ii. Under certain circumstances, we may be required to disclose your data if required to do so by law.
If we or our subsidiaries are involved in a merger, acquisition, or asset sale, your Data may be transferred.
9. Other cases
We may disclose your information also:
i. To our subsidiaries and affiliates;
ii. If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.
10.Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security and take no responsibility for it.
11. Service Providers
We may employ third party companies and individuals to facilitate use on our website (“Service Providers”), on our behalf, perform or assist us in analyzing how our website is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party service Providers to monitor and analyze the use of our website.
Google Analytics is a web analytics offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our website. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
We provide paid products on our website. And use third-party payment service providers for placing your order.
14. Links to Other Sites
We have no control over and assume no responsibility for the content, privacy policies, or practices of any third party sites or third-party service providers.
15. Children's Privacy
Our website is not intended for use by children who are under the age of 18 (“Child” or “Children”). We do not knowingly collect personally identifiable information from children under 18. If you become aware that a child has provided us with Personal Data, please contact us. Any activity on the website or any order placed by children it is assumed that it is done with the authorization & under adult supervision and is the responsibility of the parent. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
17. Contact Us