Terms Of Use

 

LEGAL NAME & URL

RASA TEXTILE & CLOTHING CO.
31, KESHAV VIHAR, VISHNU PATH
GOPALPURA BYPASS RD,
JAIPUR , 302018

https://rasa-jaipur.myshopify.com/

RIGHT TO CHANGE

Rasa Jaipur reserves the sole right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions every time you purchase products from us or use our Web Site. The revised version will be effective at the time we post it on the Site, and in the event, you continue to use our Site, you are impliedly agreeing to the revised terms and conditions and policies expressed herein.

 

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. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. If you object to our current Privacy Policy and your information being transferred or used in this way please do not use Website.

 

ELECTRONIC COMMUNICATIONS

When you use any of our Services, or send e-mails to us, you are communicating with us electronically. You by using our services consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through other services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The legal requirements would be inconformity with the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

The User acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the internet. While it is the Company’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of the Company, access to the Site may be interrupted, suspended, or terminated from time to time.

 

YOUR ACCOUNT AND REGISTRATION

In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site. If you use the Site, you are responsible for maintaining the confidentiality of your account and password including cases when it is being used by any of your family members, friends, or relatives, whether a minor or an adult. You further agree to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account, whether by any family member, friend, relative, any third party or otherwise shall not be entertained by the Company. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.

You are required to create an account to purchase any product from the Site. This is required so we can provide you with easy access to view your order history and status of purchases. You shall be responsible for protecting the confidentiality of your password.

As a condition of purchase, the Site requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. You can opt out of our promotional emails anytime by clicking the UNSUBSCRIBE link at the bottom of any of our email correspondences. Please see our Privacy Policy for details. We shall have no responsibility in any manner whatsoever regarding any promotional emails or messages sent to you.

 

EQUIPMENT

The User shall be responsible for obtaining and maintaining telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto. The Company shall not be liable for any damages to the User's equipment resulting from the use of the Site.

 

ELECTRONIC COMMUNICATIONS

When you use the Site 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 will communicate with you by email or by an electronic record on our Site which will be deemed adequate service of notice / electronic record. 

 

USER RESPONSIBILITY AND OBLIGATIONS

You undertake not to host, display, upload, modify, publish, transmit, update, or share any information that is contained on the website that:

belongs to another person and to which you do not have any right to; is grossly 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; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; 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 cognisable offence or prevents investigation of any offence or is insulting any other nation. That in case it is found that you are in violation of these express conditions, you shall be solely responsible and shall face all legal consequences of the same by yourself and that RASA Jaipur shall in no manner be held responsible for the same.

Goods listed in this invoice are not meant for resale.

 

BILLING

The price of our merchandise as mentioned on RasaJaipur.com is the Maximum Retail Price (MRP) for the said product. Such MRP shall be inclusive of all local taxes as are applicable in India. Additional applicable taxes may be charged depending upon the destination where the order must be shipped to. The tax rate applied and charged upon the order shall include combined tax rate for central, state, and local tax rates in accordance with the address where the order is being shipped. RASA Jaipur reserves the right to collect taxes and/or such other levy/ duty/ surcharge that it may have to incur in addition to the normal taxes it may have to pay. We may also charge Delivery Charges which may include postal charges/ shipment charges etc. that may be applicable for your country.

 

DISPATCH & DELIVERIES

For merchandise in stock, dispatches shall be made within 3 working days from the date of purchase and payment confirmation. For custom orders, we require a minimum of 2-3 weeks for dispatch, depending upon the product. For certain special products, the production time could be longer, which we shall inform you. Further information on the order status can be provided by our customer care upon request. 

Deliveries within India take approximately 3-5 working days from the date of dispatch. International deliveries take approximately 7 to 10 working days from the date of dispatch.

 

PAYMENT

While availing any of the payment methods offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you including but not limited to the following: (a) lack of authorization for any transaction/s; (b) or exceeding the pre-set limit mutually agreed by you and between your “Bank/s”; (c) or any payment issues arising out of the transaction; (d) or decline of transaction for any other reason/s.

All payments made against the purchases/services on RASA Jaipur.in by you shall be as against the MRP displayed on the website and shall be in terms and conditions of the third-party Online Payment Gateway Services as adopted and applicable to your transaction as approved by RASA Jaipur. Before shipping your order to you, we 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 to ensure a safe and a fool proof online shopping environment to our users.

RASA Jaipur may employ PayPal and such other third-party facilities, for payments on the website. Such payments can be made through the electronic or through Cash on Delivery transactions, as may be permitted by RASA Jaipur which shall be at its sole discretion. Use of such third-party services will be governed by their User Agreement, Seller Terms, Conditions and other rules and policies as may be required and applicable for your nature of activities.

 

PRODUCT DESCRIPTIONS

RASA Jaipur attempts to be as accurate as possible about the products displayed on our website. However, RASA Jaipur does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product offered by RASA Jaipur is not as described, your sole remedy is to contact RASA Jaipur within 48 hours of receipt and RASA Jaipur reserves the right to provide a solution as per its discretion. RASA Jaipur is not liable to issue any refunds or allow exchanges and/or returns as a matter of policy.

 

PRODUCT COMPLIANCE

Products displayed/ sold on the RASA Jaipur website are manufactured/ procured as per the applicable Local Laws of India and are in conformity with the required Indian industry standards.

 

CATALOGUE PRICING

By changing the country of delivery, you will be charged according to the price list associated with that country and NOT by any conversion rate.
Our international catalogues are priced in Indian Rupees for Indian residents, British pounds for UK residents and US dollars for all other international customers.
Due to import/trade restrictions, certain products might not be available for delivery in your chosen country.

 

LOSS IN TRANSIT

RASA Jaipur endeavours but does not guarantee delivery of products in the stipulated time period as mentioned on the purchase of the product. In no manner can the contract be repudiated if RASA Jaipur fails to deliver any one or more products in the stipulated time frame.

  

CREDIT/DEBIT CARD, PAYMENT MODE DETAILS / FRAUDULENT USE

You agree, understand, and confirm that the credit/debit card, or other mode of payment details provided by you for availing of services on the Site are correct and accurate and you shall not use the credit/debit card, or other modes of payments which is not lawfully owned by you. You further agree and undertake to provide the correct and valid payment details to us. Further the said information will not be utilized and shared by us with any of the third parties unless required for fraud verifications or by law, legal regulations, or court orders. We will not be liable for any credit/debit card or other payment details fraud. The liability for use of a card and/or payments fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.

We may constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing our services fraudulently shall be liable for legal actions under applicable law and we reserve the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the Site fraudulently. We reserve the right to 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 or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds. 

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 authorization for any transaction, on account of the cardholder having exceeded the pre-set limit with their bank.

 

INACCURACY DISCLAIMER

From time to time there may be information on our website or in our catalogue that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. RASA Jaipur reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

 

COLORS

While we have made every effort to display as accurately as possible the colors of the products that appear on the Site, we cannot guarantee that your monitor or screen’s display of any color will be completely accurate, as computer monitors and screens of electronic devices vary.

 

PRODUCT DISCLAIMER

All our products are hand crafted individually involving several hand processes. Hand dyeing, hand block printing, hand embroidery and several others. A lot of thought and love is put into each of them. This makes every item unique and may cause them to slightly differ from each other. The uniqueness of each item makes it special, as no two pieces are exactly alike.
Custom Orders may differ slightly from what you may have seen at the store. Our endeavour shall always be to make your piece beautiful and special.

 

CANCELLATIONS BY THE USER

We shall not be able to process a cancellation once the order has been placed. Store credit will be provided against the cancellation of an order at our sole discretion, if the goods have not yet been shipped. To cancel a purchase made, please write to us at rasa@rasajaipur.com or call our customer service desk on +91 78774 44555 between 12 noon and 6 pm Monday to Saturday.  Cancellation requests should be sent within 12 hours of purchase, or we would be unable to entertain any cancellations. 

  

CANCELLATIONS BY US

Please note that there may be certain orders that we are unable to accept and might have to cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for reason beyond the control. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order.  If we must cancel the order after we have processed the payment, the said amount will be reversed back to your account.  

While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. If a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we may, at our discretion, cancel your order and notify you of such cancellation. We will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration or cancel the order and notify you of such cancellation. If we accept your order the same shall be debited to your credit card account. The payment may be processed prior to our 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 back to your credit/debit card account. No refunds shall be applicable on the orders made by the User under the Cash on Delivery (“COD”) option.

 

LIMITATION OF LIABILITY

You understand and agree that the Company and its affiliates, officers, employees, agents and shareholders 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 tangible losses (even if the Company has been advised of the possibility of such damages) resulting from use of the site, sale and supply of goods or content and or any related / unrelated services and other offers made from the site from time to time.

 

INDEMNITY

You shall to the fullest extent indemnify and hold harmless the Company, its subsidiaries and affiliates, and their respective officers, directors, shareholders, agents, and employees, from any claim or demand, or actions including reasonable 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.

 

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, RASA Jaipur owns all Intellectual Property Rights to and into the website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce, or distribute any content from the website belonging to RASA Jaipur without obtaining authorization from it.

User shall not upload post or otherwise make available on the Site any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. RASA Jaipur does not have any express burden or responsibility to provide the Users with indications, markings, or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Site, User warrants that the owner of such material has expressly granted RASA Jaipur the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other end user to access, view, store or reproduce the material for that end user’s personal use. User hereby grants RASA Jaipur, the right to edit, copy, publish and distribute any material made available on the Site by the User. The foregoing provisions of Section 25 apply equally to and are for the benefit of RASA Jaipur, its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

 

INTELLECTUAL PROPERTY RIGHTS COMPLAINTS

RASA Jaipur respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes any Intellectual Property Right infringement, please address a complaint to the ‘Customer Care’ by way of an email as provided herein below.

 

TRADEMARKS

The Site contain copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of RASA Jaipur protected by copyright as a collective work under the applicable copyright laws. RASA Jaipur owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print / save copyrighted material for the User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material without the express permission of RASA Jaipur 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. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with RASA JAIPUR shall not be deemed to be in the public domain but rather the exclusive property of RASA JAIPUR, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of RASA JAIPUR, unless otherwise stated.

 

WARRANTIES & LIABILITY

All information, content, materials, products (including software) and other services included on or otherwise made available to you by RASA Jaipur are provided on an AS IS and AS AVAILABLE basis, unless otherwise specified in writing. RASA Jaipur makes no representations or warranties of any kind, express or implied, as to the operation of the services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through RASA Jaipur, unless otherwise specified in writing. You expressly agree that your use of the website is at your sole risk.

RASA Jaipur does not warrant that this Website will be constantly available, or available at all or that any information on this Website is complete, true, accurate or non-misleading.

We will not be liable to You in any way or in relation to the contents of, or use of, or otherwise in connection with, the website. You acknowledge, by your use of this website, that your use of this website is at your sole risk, that you assume full responsibility for all risks associated with all necessary servicing or repairs of any equipment you use in connection with your use of this website, and that RASA Jaipur shall not be liable for any damages of any kind related to your use of this website.

Though RASA Jaipur shall make all endeavour to protect its websites from any viruses or other illegal use of its website. However, we do not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to You through the Website; its servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on website constitutes, or is meant to constitute, advice of any kind.

All the products sold on Website shall be solely governed by the Indian Laws. In the event we are unable to deliver such products due to implications of different territorial laws, we will return or will give credit for the amount (if any) received in advance by us from the sale of such product that could not be delivered to You. It is YOUR responsibility to ensure that the products purchased on this website is not restricted in your territory. RASA Jaipur shall not be responsible for any non-compliance regarding the local laws of that territory for any product available on this website.

RASA Jaipur will not be liable for any damages of any kind arising from the use of any service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through the website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

 

INDEMNITY

You agree to indemnify and shall not hold RASA Jaipur (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) for any claim or demand, including but not limited to reasonable attorneys’ fees, or arising out of or related to your breach of this T&C, or your violation of any law or the rights of a third party or any damage to life and/or property caused by the products delivered.

 

BREACH

In the event you are found to be in breach of the Terms of Use or Privacy Policy or other rules and policies or if we are unable to verify or authenticate any information you provide or if it is believed that your actions may cause legal liability for you, other users or us, without limiting to the present, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website. Any user that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such user is reinstated by us.

Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other rules and policies, we reserve the right to recover any amounts due and owing by you to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

Any breach of any applicable local laws of that territory shall also result in, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend, or terminate or block your membership, and/or refuse to provide you with access to this Website.

 

SEVERABILITY

We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

 

WAIVER

The failure by RASA Jaipur to enforce at any time or for any period any one or more of the terms or conditions of the Agreement shall not be a waiver by RASA Jaipur of them or of the right any time subsequently, to enforce all Terms and Conditions of this agreement.

 

FORCE MAJEURE

Failure on the part of RASA Jaipur to perform any of its obligations and the non-furnishing of the Service), shall not entitle you to raise any claim against RASA Jaipur or be a breach hereunder to the extent that such failure arises from an event of Force Majeure. If through force Majeure the fulfilment by either party of any obligation set forth in this Agreement will be delayed, the period of such delay will not be counted on in computing periods prescribed by this Agreement. Force Majeure will include any war, civil commotion, strike, governmental action, lockout, accident, epidemic or any other event of any nature or kind whatsoever beyond the control of RASA Jaipur that directly or indirectly hinders or prevents RASA Jaipur from commencing or proceeding with consummation of the transactions contemplated hereby. You expressly agree that lack of funds shall not in any event constitute or be considered an event of Force Majeure.

 

DISPUTE RESOLUTION

This agreement shall be construed and the legal relations between YOU and RASA Jaipur hereto shall be determined and governed according to the laws of India. If any dispute arises between You and RASA Jaipur regarding Your use of the Website or Your dealing with RASA Jaipur in relation to any activity on the website, in connection with the validity, interpretation, implementation or breach of any provision of the Terms & Conditions and/or Privacy Policy including but not limited to the rules and policies contained herein, the dispute shall be subject to the exclusive jurisdiction to the Courts of Jaipur.

Your obligations to pay the Payment Fees shall not be suspended during the pendency of such proceedings.

 

GRIEVANCE

Any grievances you have by way of use of the website can be addressed to the ‘Customer Care’ by way of email to customercare@RASAJaipur.com

The ‘Customer Care’ shall thereafter consider the same and provide a response within one month of the date of such complaint/ grievance.

 

GOVERNING LAW

These Terms and Conditions or the documents of third-party payment channels shall be governed and construed in accordance with the laws of India.

This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. 

 

ARBITRATION

If any dispute arises between you and the Company during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, and the Privacy Policy or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by the Company. The place of arbitration shall be Jaipur. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

 

GENERAL

None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever. Should we need to issue a notice to any user of the site we would send it to the email address you provide to us during the registration process. Notice shall be deemed given 24 hours after email is sent. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

The Company may terminate this Agreement at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate any passwords or accounts of the User in the event of any conduct by the User which the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by the User of this Agreement. Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement.