Terms & Conditions - Apaar Cutlery

Welcome to APAAR CUTLERY! Thank you for choosing to shop with us.

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using APAAR CUTLERY website (the “Service”) operated by APAAR CUTLEREY (“us”, “we”, or “our”).

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

LEGAL INFORMATION

This website is owned and operated by Apaar Cutlery . The mailing address for any communication for Apaar Cutlery is Apaar cutlery, Pital Nagri near parivartan school moradabad (U.P.) 244001 . All design and content that features on apaarcutlery.in which includes images, photography, artwork, graphics, text and the like are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by APAAR CUTLERY.

USE OF SITE

You may use the Site in conformity with the terms laid down in the Terms & Conditions and the Privacy Policy. The content on the website is strictly for personal and non commercial use. You may not use the Site for any activity which is, prohibited by the Terms of Use, unlawful or infringes the rights of Apaar Cutlery, till prior permission is taken from Apaar Cutlery. You may not reproduce, publish, display, modify, sell or distribute any material from Apaar Cutlery

MEMBERSHIP ELIGIBILITY

The Site is available to customers who are “competent to contract” within the meaning of the Indian Contract Act, 1872, making minors, un-discharged insolvents etc. ineligible to use the Site. If you are a minor i.e. under the age of 18 years, you are not allowed to register as a member of the Site and make purchase of products on the Site. However, as a minor if you wish to make a purchase on the Site, it can only be made by your legal guardian or parents who have registered as users of the Site. If, at any time, it is discovered or brought to our notice that you are under the age of 18 years, Apaar Cutlery, reserves the right to discontinue your membership and refuse to provide you with access to the Site. Also while registering as a member, you agree to provide authentic, accurate, present, and complete information about yourself as asked for by the Site’s registration form. Registration is void where prohibited by law. Apaar Cutlery reserves the right to revoke or prohibit your registration for any reason at any time, without notice, but, in particular, upon any violation of any of these Terms and Condition or the Privacy Policy.

Product Information

Products displayed on the website are available while supplies last. Descriptions, specifications, colors, and pricing are subject to change at any time without notice.

Pricing

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.

Service and Product Modifications

Prices for products may change from time to time without notice. We also reserve the right to discontinue any product at any time.

Changes to the Terms of Service

We reserve the right, at our sole discretion, to update or replace these Terms at any time. It is your responsibility to periodically check our website for changes.

Prohibited Uses

In addition to other prohibitions set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform any unlawful acts; (c) to violate any international or local regulations, rules, laws, or ordinances.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, etc. We reserve the right to correct any errors and to change or update information if any information in the Service is inaccurate, without prior notice

REWARD & MERCHANDISE RETURN CREDIT

Additional terms and conditions may apply to specific portions/features of the Site or your membership, which terms are made part of these Terms of Use by reference. You agree to abide by such other terms and conditions. When you register with us, automatically an account is created which is called the “APAAR CUTLERY Account”. Apaar Cutlery Account can only be credited with either Merchandise Return Credit or Reward Credit. Apaar Cutlery Account Credit is not redeemable for cash, unless required by law. Apaar Cutlery Account Credit may expire if not used for 12 months from the date of issuance.

The following terms and conditions apply to the Credits given by us on the Site:
(a) Merchandise Return Credit: In the event of return of products to Apaar Cutlery, a Merchandise Return Credit (MRC) will be refunded in the Member’s “Apaar Cutlery Account” at the original purchase price. The Merchandise Return Credit may be redeemed for the next purchase on the Site and is not transferable and may not be clubbed with Merchandise Return Credit belonging to other members at Apaar Cutlery. At no time may you purchase, sell or barter any Merchandise Credit. The outstanding Merchandise Credit may at any time be assigned to and assumed by any affiliate of, or successor to, the present or any future owner of the Apaar Cutlery website, or any third party under contract with such present or future owner. You, as a Member, give your consent to and authorize any such future assignment and assumption of outstanding Merchandise Return Credit obligations, and you agree to look solely to such assignee in the event of any such transfer.
(b) Credit Balances: A credit balance in the Apaar Cutlery Account will be automatically applied to your next purchase of product from the Site and the order of redemption of such credits will be determined by Apaar Cutlery. If your credit amount exceeds the amount of your total purchase, the excess credit balance will remain in your Apaar Cutlery Account to be applied to your next purchase, subject to the aforesaid terms and conditions. If your account and/or membership is dismissed for any reason, any credit balances in your account will be lapsed, except as prohibited by law. Account balances are determined by Apaar Cutlery and such determination is final.

EMAILS AND POSTINGS

The Site may provide registered customers with the ability to send email messages to others and to post messages on the Site. You are solely responsible for your account, password, profile, messages, notes, text, information, opinions, ideas and any other content you post, upload, submit, publish, or display (hereinafter “post”) on or through the Site, or transmit to or share with other customer (collectively, the “Member Content”). Any Member Content that is posted will not be treated as confidential. Apaar Cutlery has the right but not the obligation to monitor and decline, edit, or remove (without notice) all or any portion of any Member Content for any reason or no reason. If Apaar Cutlery chooses at any time, in its sole discretion, to monitor Member Content, it still has no responsibility for the Member Content or for the conduct of the Member posting Member Content or to edit or remove any Member Content, except in compliance with Section 14 below. If you are involved in a dispute with one or more Members of Apaar Cutlery, you release Apaar Cutlery (including its officers, directors, affiliates, and employees) from claims, demands, and damages (actual and consequential) of every kind arising out of or in any way connected to any dispute.

UNDER NO CIRCUMSTANCE SHALL ANY DISCLOSURE OF ANY MEMBER CONTENT TO Apaar Cutlery BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION OR ATTRIBUTION. BY SUBMITTING ANY MEMBER CONTENT TO OR THROUGH Apaar Cutlery, YOU REPRESENT AND WARRANT THAT ALL YOUR MEMBER CONTENT WILL NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT, TRADEMARK, PRIVACY, OR OTHER PERSONAL OR PROPRIETARY RIGHTS. YOU REPRESENT AND WARRANT THAT NO MEMBER CONTENT WILL BE OR CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE, OR OBSCENE MATERIAL. YOU ARE AND SHALL REMAIN SOLELY RESPONSIBLE FOR YOUR MEMBER CONTENT. YOU REPRESENT AND WARRANT TO Apaar Cutlery THAT Apaar Cutlery IS FREE TO USE THE MEMBER CONTENT, AND IMPLEMENT ANY SUGGESTIONS CONTAINED THEREIN, IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY Apaar Cutlery, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY AND WITHOUT ANY COMPENSATION TO YOU.

DELIVERY

Since we work with different suppliers the delivery time for orders depends upon various factors such as supplies from the designers, delay in delivery through the courier partner, transporters’ strike etc. Estimated delivery times are to be used as a guide only and commence from the date of it is dispatched. Apaar Cutlery will not be responsible for any delays caused by third party delivery agencies and/or due to time that may be required for various statutory clearances during the delivery process. We make every effort to deliver the products within 5-8 working days and in case of customized orders within 2 – 3 weeks, but this is an estimate and not a guarantee given by us. We reserve the right to deliver the goods by installments. However, if you fail to take delivery of the goods, we may at our discretion charge you for any extra shipping cost that is applicable.

Each delivery forms a separate contract. You may not treat the contract (as a whole) as repudiated if we fail to deliver any one or more of the installments or if you have a claim in respect of any one or more of the installments

RISK OF LOSS

The items purchased from our Site are shipped by a third party carrier following a shipment contract. We insure each purchase during the time it is in transit until it is delivered to you. Hence a signature is imperative when goods are delivered, at which point responsibility for your purchased goods passes to you. Incase of a gift If you have specified a recipient who is not you for delivery purposes (for example as a gift) then a signature by them, or at that delivery address, is accepted as an evidence of delivery and fulfillment of order by Apaar Cutlery and transfer of responsibility in the same way.

CORRESPONDENCE

When you use the Site or correspond with us, you agree to communicate with us through emails & electronic records and also give your consent to receive further communications from us as and when required. The mode of communication by us will be via email or by an electronic record which will be deemed adequate service of notice/ electronic record.

At Apaar Cutlery.com we make every effort to quickly respond to your emails, however, we are under no obligation to respond to each and every correspondence received through this site. While we welcome your comments and feedback regarding the site, our merchandise or and/or services via this website or emails, please note that all the comments, ideas, feedbacks or any such submission is free of your proprietary claim/ intellectual rights and becomes the property of Apaar Cutlery.

THIRD-PARTY WEBSITES

There may be links to other websites on the Internet on Apaar Cutlery.com. Please note that we have no control over the linked websites and hold no responsibility for the accuracy, content, legality, or any other aspect. Hence, in no event shall any reference to any third party, third party website, or third party product or service be considered as an endorsement of the same by us. Apaar Cutlery is not affiliated with websites or third parties that sell or advertise products of our designers without a written agreement with us and shall hold no responsibility for the same.

INDEMNIFICATION

You agree to indemnify, hold harmless, and defend Apaar Cutlery, its parent, subsidiaries, divisions, and affiliates, and their respective directors, officers, shareholders, employees, agents, contractors, vendors, representatives, from any damages, claims, losses, liabilities, and all costs/ expenses of defense, including but not limited to, attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party. You agree to cooperate fully, as required in the defense of any claim. Apaar Cutlery reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you for which you will remain responsible for indemnifying and holding harmless the Indemnitees.

LIMITATION OF LIABILITY

YOU clearly UNDERSTAND AND AGREE THAT THE ESTABLISHMENT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, OPPORTUNITY, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE ORGANISATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, SALE AND SUPPLY OF GOODS CONTENT OR ANY RELATED/UNRELATED SERVICES AND OTHER SERVICES OFFERED ON THE SITE FROM TIME TO TIME.

TERMINATION & FRAUDULENT TRANSACTIONS

In order to avoid fraudulent accounts and transactions, we constantly monitor the user’s account. Users who have more than one account or who are availing our services fraudulently shall be held liable for legal actions under applicable law. We reserve the right to recover the cost of goods, lawyer’s fees & collection charges from persons using the Site fraudulently, and also, initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent transaction, prior to initiation of legal actions, Apaar Cutlery reserves the right to immediately dismiss such account and cancel, delay, refuse to ship, or recall from the shipper all past and pending orders without any liability. For the purpose of this clause, Apaar Cutlery shall owe no liability for any refunds.

Apaar Cutlery will not be liable for any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction.

INTELLECTUAL PROPERTY

Unless otherwise stated, all intellectual property rights, (including but not limited to copyright, trade marks, registered and unregistered designs, database rights, domain names and goodwill (“Intellectual Property Rights”)) in all content, software, materials and other components included on this Site, including all text, graphics, logos, photographs, images, music, button icons and page headers) is the exclusive property of Apaar Cutlery and/or third parties and are protected by copyrights, trademarks, service marks, or other proprietary rights and laws. All trademarks not owned by Apaar Cutlery that appear on the Site are the property of their respective owners. The applicable copyright laws protect the entire contents of the Organisation as a collective work.

Any commercial use, including the reproduction, modification, distribution and transmission of any content is strictly prohibited without the consent of Apaar Cutlery or such third party which may own the rights.

You are entitled to access, download and transmit (for the purposes expressly permitted in these Terms) and store the Apaar Cutlery content for your own personal, non-commercial use. You agree not to sell, rent, license, rent, amend, distribute, copy, reproduce, transmit, reverse engineer, publicly display, publicly perform, publish, adapt, edit, or create derivative works from content or materials, or in any way exploit, any of the content, (except as expressly permitted by these Terms of Use)in whole or in part on the Site for commercial or public purposes. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of the Organisation and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material.

DISCLAIMER OF WARRANTY

ALL THE CONTENT, TEXT, IMAGES, PRODUCTS, AND OTHER INFORMATION ON THE SITE, OR OBTAINED THROUGH THE WEBSITE ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER IMPLIED OR EXPRESSED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, SECURITY OR ACCURACY

WE DO NOT WARRANT, SPECIFICALLY, BUT WITHOUT LIMITATION THE FOLLOWING

THE INFORMATION PROVIDED ON THE WEBSITE IS FREE OF ERRORS
DEFECTS WILL BE RECTIFIED
THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
THE FEATURES ON THE WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS
ACCURACY OR RELIABILITY OF SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN US,
UNDER NO CIRCUMSTANCE WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE SITE, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW.