INTRODUCTION
www.Arna India.com "Website" is owned by and operated by Arna India If you have any
questions regarding the Website or these terms and conditions, or in the unlikely event that
you have any complaints about any products/services purchased by you from the Website you
can contact us at:
info@ArnaIndia.com
+91 9899929994
These terms and conditions were last revised in March 2021. Note: We reserve the right, at our
sole discretion, to change or modify portions of these Terms at any time without further notice.
You should periodically visit this page to review the current Terms, so you are aware of any
revision to which you are bound.
USE OF WEBSITE
The "TERMS & CONDITION or TERM OF USE” is an electronic record in the form of an
electronic contract formed under INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE
THEREUNDER and the amended provisions pertaining to electronic documents / records in
various statutes as amended by the Information Technology act, 2000. These terms of use do
not require any physical, electronic, or digital signature.
These Term of use is a legally binding document between user and Arna India These terms of
use will be effective upon your acceptance of the same (Directly or indirectly in electronic form
or by means of an electronic record) and will govern the relationship between user and Arna
India for use of the Arna India site (defined below).
This document is published and shall be construed in accordance with the provisions of RULE 3
(1) of the INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 under
INFORMATION TECHNOLOGY ACT, 2000 that require publishing the RULES AND REGULATIONS,
PRIVACY POLICY and USER AGREEMENT for access or usage of the Arna India site.
These TERMS OF USE of the website located at the URL www.Arnaindia.com and mobile
application under the name and style "Arna India" is between Arna India or M/s Shveta Singh
(hereinafter referred to as "Arna India" or "We" or "Us" or "Our") and the guest users or
registered users on the Arna India site (hereinafter referred to as "You" or "Your" or "Yourself"
or "User") describe the terms on which Arna India offers You access to the Arna India site and
such other services as are incidental and ancillary thereto ("Services").
Please read these TERMS OF USE carefully before using or registering on Arna India or accessing
any material, information, or services through the Arna India site. If you do not agree with
these TERMS OF USE, please do not use Arna India site.
Note: Please note that these Terms do not affect your statutory rights as a consumer.
1. You agree that the information you provide when you register on the Website is not
misleading and is true and accurate in all respects and you will notify our customer
service team of any changes to that information.
2. We may change, withdraw, or suspend access to the Website (in whole or part and
permanently or temporarily) with or without notice and with no liability to you.
3. The Website may include links to other websites or resources "Linked Websites". Arna
India has no control over the content of Linked Websites and you agree that, should you
access a Linked Website using a link from the Website, Arna India is not responsible for
the availability of the Linked Websites, and is not liable in any way for the content of
Linked Websites, including (without limitation) any goods or services available from such
Linked Websites, other advertising or content on such Linked Websites or the use that
such Linked Websites make of your personal information. Furthermore, Arna India will
not be responsible for any offence, damage or loss caused by or connected to the use or
reliance on such Linked Websites or the content thereon.
4. Arna India may deny you access to the Website at any time in its sole discretion.
Examples of when we may so deny you access include but is not limited to where we
believe that your use of the Website is in violation of any of these Terms, any law, or the
rights of any third party or was not respectful to others.
5. Any material that you upload to the Website for publication will be considered non-
confidential and non-proprietary and we have the right to use, copy, distribute,
reproduce, exploit, modify, alter and/or disclose to third parties any such material for
any purpose. We also have the right to disclose your identity to any third party who is
claiming that any material posted or uploaded by you to our site constitutes a violation
of their intellectual property rights or of their right to privacy.
6. Arna India will not be responsible, or liable to you or any third party, for the content or
accuracy of any materials posted by you or any other user of the Website and you
hereby agree to be responsible to Arna India for and indemnify Arna India and keep
Arna India indemnified against all costs, damages, expenses, losses, and liabilities
incurred and/or suffered by Arna India because of any claim in respect of your use of
the Website.
7. Arna India has the right to remove any material or posting you make on the Website in
Arna India’s sole discretion.
8. References to ‘We' in the Customer Service Information refers to Arna India and/or Arna
India Distribution as the context permits.
PURCHASE OF PRODUCTS
If you are placing an order for Products from ArnaIndia.com
1. ACCEPTANCE OF ORDERS
1.1 All information on the Website is an invitation to treat only and is not an offer or unilateral
contract. You agree that your order is an offer to purchase the products listed in your order
("Products") from us on the Terms. All orders submitted by you are subject to acceptance by
us. We may choose not to accept your order in our discretion for any reason whatsoever
without liability to you unless we are not permitted to do so under statutory law. Examples of
when we may not accept your order are as follows:
A. If products are shown on the Website but are not available or are incorrectly priced or
otherwise incorrectly described.
B. If we are unable to obtain authorisation of your payment.
C. If you order multiple quantities of an individual Product where such Products are to be
shipped to any one customer or delivery address.
D. If shipping restrictions may apply to a Product; or
E. If the delivery address you give is the address of an entity or individual providing freight
forwarding services.
1.2 When placing an order for the first time, you may be offered the option to register with us
and will be required to complete certain required fields on an order form. We may provide you
with and/or ask you to use identifications and passwords and other means for you to be able to
access certain areas of the Website, such as the My Account section of the Website ("Secure
Access"). Where we do so, it is on the condition that you shall be responsible for ensuring that
such Secure Access is always kept secure and confidential. You shall comply with all security
directions and/or recommendations given by us and inform us immediately if you become
aware of or suspect any unauthorised use of the Secure Access or if the Secure Access becomes
available to an unauthorised party. Without prejudice to our other rights and remedies, we may
suspend your access to the Website without liability to you, if in our reasonable opinion, such
action is necessary for safeguarding the Website.
1.3 In the event prolonged inactivity causes your connection to the Website to fail, your
selection of goods may be lost. In such case, you will be required to re-enter your selection.
Please note that items in your shopping basket and on your wish, list are not reserved and may
be purchased by other customers.
1.4 Before you submit your order, you will be given the opportunity to review your selection,
check the total price of your order and correct any input errors.
1.5 There may be certain orders that we are unable to accept and we must cancel. We reserve
the right, at our sole discretion, to refuse or cancel any order for any reason.
1.6 Some situations that may result in your order being cancelled shall include without
limitation inaccuracies or errors in product, error in pricing information, and/or any defect
regarding the quality of the product. We may also require additional verifications or
information before accepting any order. If your order is cancelled after your credit card or any
other payment instrument has been charged, the said amount will be reversed back in your
account.
2. PRICES
2.1 All prices of Products on the Website are the price for the Products only. They include any
GST, VAT, or other sales tax payable.
2.2 We endeavor to ensure that all pricing information on the Website is correct. Occasionally,
however, an error may occur, and Products may be mispriced. If a Product's correct price is
lower than the price stated on the Website, subject to our right to refuse an order pursuant to
Section C 1.1(a), we will charge the lower amount and send you the Product. If a Product's
correct price is higher than the price stated on the Website, we will, at our discretion, contact
you and ask you whether you wish to proceed with the order at the correct price or cancel your
order and notify you of such cancellation. We will not be obliged to supply Products at an
incorrect price. If we have taken an advance payment in circumstances where pricing
information is incorrect, we shall endeavor to refund the payment taken as soon as possible if
the product has not been shipped.
2.3 Arna India may vary the prices of Products listed on the Website at any time and without
any notice but such changes will not apply to Products in respect of which you have been sent a
Dispatch Confirmation.
2.4 Please note that in some countries additional duties may be payable to your local tax
authorities on receipt of your delivery. You will be responsible for payment of any such import
duties and taxes. Please note that we have no control over these charges and cannot predict
their amount. Please contact your local customs office for further information before placing
your order. Please also note that you must comply with all applicable laws and regulations of
the country for which the Products are destined. We will not be liable for any breach by you of
any such laws.
3. PAYMENT TERMS
3.1 Presently, Arna India does not levy any fee for browsing the Arna India site. However, in the
likely event in future Arna India may decide to charge Users certain fees for the use of Arna
India and Services as a whole, or certain features, you agree to pay any such fees, as may be
applicable to the Services that You use. Arna India will try to ensure that you are made aware of
the applicability of any fees for a particular use of Arna India site / Services, as well as the
amount of fees payable by you for any such use of Arna India site / Service. Your continued use
of Arna India site / Services after such change in the fees will be your acceptance of such
changes, and the applicability of these Terms of Use to such changes.
3.2 The total cost of your order will be the purchase price for the Products (which you pay to
us) plus any delivery charges.
3.3 More information about the payment methods that we accept, and details of when an
order will be charged to your account can be found in our Payment options section.
3.4 You confirm that the credit/debit card or payment method that is being used is yours and
that all details you provide to us in respect thereof including, without limitation, name and
address details are complete, correct, and accurate. You further confirm that the credit/debit
card is valid and the inputted payment details are correct. All credit/debit cardholders and
payment account holders are subject to validation checks and authorisation by the card issuer
or payment method provider. If the issuer of your card or payment method refuses to authorise
payment we will not accept your order and we will not be liable for any delay or non-delivery
and we are not obliged to inform you of the reason for the refusal.
3.5 We are not responsible for any charges or other amounts which may be applied by your
card issuer or bank or payment method provider because of our processing of your credit/debit
card payment or other method of payment in accordance with your order or as a result of the
seller of the Product(s) being located in India.
3.6 If your credit/debit card or payment method is not denominated in the currency of your
purchase indicated on the Website, the final price may be charged in the currency of your card
or account. Such final price is calculated and charged by your card issuer or bank or payment
method provider and therefore we shall not be responsible for any cost, expense, charge, or
other liability which may be incurred or suffered by you as a result of your card issuer or
payment method provider charging you in a different currency other than the currency of your
purchase as displayed on the Website.
4. CANCELLATION AND RETURNS
4.1 Should you wish to cancel or return any Products; you may only do so in accordance with
our Shipping & Return policy. This shipping & return policy does not affect your statutory rights
as a consumer. For more information on your statutory rights, contact your local Trading
Standards Office or Citizens Advice Bureau or the equivalent in your country (if any).
4.2 Where you return a Product under the regulations, we will either replace your product or
issue you with a full refund, but you will need to return the product at your own cost (if you
have already received the Product), unless otherwise specified in our shipping & return policy.
Where you have paid any duties or taxes directly to the relevant authorities on the importation
of the Product you wish to return, Arna India shall have no liability in relation to any claim for a
refund of such duties or taxes from the authorities or whether such a refund is possible.
4.3 Please note that you will not be entitled to cancel or return customized/personalized or
monogrammed Products. This does not affect your statutory rights.
4A. CANCELLATION AND RETURNS – CUSTOM STITCHING
4A.1 As a rule, all the orders once placed are treated as confirmed.
4A.2 The Services allows you to place custom manufacturing, stitching and other service orders
and will, subject to the terms and conditions set out herein, deliver the same to you within the
serviceable area.
4A.3 You understand that any order that you place shall be subject to the restrictions and
limitations set out in this Terms of Use including, but not limited to serviceable areas.
4A.4 Any applicable Tax: If you use services, you will be responsible for paying service tax or any
other applicable taxes as per the laws of the land.
4A.5 You understand that delivery periods quoted to you at the time of confirming the order is
an approximate estimate and may vary. We will not be responsible for any delay in the delivery
of your order.
4A.6 While placing custom manufacturing orders you need to keep in mind that different
fabrics absorb dyes differently and a lot depends on the type, transparency, reflection and
character of the thread and fabric to play in how the colour appears. Thus, on different threads
and fabrics, the same colour looks slightly different in output when looked closely or at some
distance. Arna India cannot be held responsible for these technical variations.
4A.6 Once the final size is confirmed by the customer the output will be created as per that size
any alteration will only be entertained if there is any deviation in the size confirmed and actual
size delivered.
4A.7 You shall undertake to provide adequate directions, information, and authorisations to
accept delivery. In the event of any failure to accept delivery, failure to deliver within the
estimated time due to your failure to provide appropriate instructions, or authorisations, then
such goods shall be deemed to have been delivered to you and all risk and responsibility in
relation to such goods shall pass to you and you shall not be entitled to any refund for the
same.
4A.8 You understand that our liability ends once your order has been delivered to you.
5. DELIVERY
We currently do not deliver Products, but our delivery partners provide delivery on our behalf
to you. Orders will be sent to the delivery address that you have given on your order form.
Neither we nor our shipping partners can be held responsible if that delivery address is
incorrect or incomplete. Please note that our shipping partners does not deliver to PO boxes.
6. USER OBLIGATIONS AND ROLE OF ARNA INDIA
If you are a minor under the age of 18 (eighteen) years, then you are not eligible to register as a
user of the Arna India and shall not transact or use this Website. As a minor if you wish to use
or transact on our Website, such use or transaction may be made by your legal guardian or
parents on the Website. Arna India reserves the right to terminate your membership and/or
refuse to provide you with access to the Website, if it is discovered that you are under the age
of 18 (eighteen) years.
6.1 Subject to compliance with the Agreement(s), Arna India grants you a non-exclusive, non-
sub-licensable, non-transferable, revocable, and limited right to access and use Arna India site
and the related Services provided therein.
6.2 You agree to use the Services and the Content (as defined herein) provided therein only for
purposes that are permitted by: (a) the Agreement(s) (including these Terms of Use); and (b)
any applicable law.
6.3 You agree to adhere to all limitations on dissemination, use and reproduction of any
materials (such as the Product catalogues) that your access on Arna India in accordance with
law.
6.4 You agree not to access (or attempt to access) the Arna India site or Services by any means
other than through the interfaces that are provided by Arna India. You shall not use any deep-
link, 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 Arna
India site or Content (as defined below), or in any way reproduce or circumvent the
navigational structure or presentation of the Arna India site, to obtain or attempt to obtain any
materials, documents or information through any means not specifically made available
through Arna India site.
6.5 If you believe that any Content or User Content (as defined herein) or other content
available on the Arna India site does not comply with the terms of the Agreement(s) or
applicable law, you may report such content to us via our legal email ID at legal@Arna
India.com
6.6 Arna India may allow you to post certain content, data, or information of your own such as
allowing you to rate Products, seller, post your comments, and reviews in relation to Products
on specific pages of Arna India site, as well as submit any suggestions, comments, questions, or
other information to Arna India using the Arna India site / Services (collectively referred to
"User Content"). You, being the originator of the User Content, are responsible for the User
Content that you upload, post, publish, transmit or otherwise make available on Arna India. You
represent that you have obtained all relevant consents and approvals to post any User Content.
You further represent that all such User Content will be in accordance with applicable law. You
acknowledge that Arna India does not endorse any User Content on Arna India site and is not
responsible or liable for any User Content. Arna India reserve the right to disable access to the
User Content on the Arna India site.
6.7 You hereby grant Arna India a perpetual, non-revocable, worldwide, royalty-free, and sub-
licensable right and license to use, copy, distribute, display, publish, transmit, make available,
reproduce, modify, adapt the user content, and create derivate works of the user content. You
represent and warrant that You own or otherwise control all of the rights to the user content
that You post or that You otherwise provide on or through Arna India site; and that, as at the
date that the user content is posted or submitted on Arna India site: (i) the user content is
accurate; (ii) use of the user content you supply does not breach these Terms of Use; and (iii)
that such user content is lawful.
6.8 When you use Arna India site and/or the Services You specifically undertake not to host,
display, upload, modify, publish, transmit, update, or share any information or Content that:
• Belongs to another person and to which the User does not have any right to.
• Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,
pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnical
objectionable, disparaging, relating, or encouraging money laundering or gambling, or
otherwise unlawful in any manner whatsoever.
• Harms minors in any way.
• Impersonate any person or entity, or falsely state or otherwise misrepresent Your
affiliation with a person or entity.
• Threatens the unity, integrity, defense, 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 of
any other nation.
• Infringes any patent, trademark, copyright, or other proprietary rights.
• Contain software viruses or any other computer code, files or programs designed to
interrupt destroy or limit the functionality of any computer resource.
• Deceives or misleads the addressee about the origin of such messages or
communicates any information which is grossly offensive or menacing in nature.
• Engage in any activity that interferes with or disrupts access to Arna India site or the
Services (or the servers and networks which are connected to Arna India);
• Attempt to gain unauthorized access to any portion or feature of Arna India, any
other systems or networks connected to the Arna India, or to any of the Services
offered on or through Arna India, by hacking, password mining or any other
illegitimate means.
• Probe, scan or test the vulnerability of Arna India or any network connected to the
Arna India, nor breach the security or authentication measures on Arna India or any
network connected to Arna India. You may not reverse look-up, trace or seek to trace
any information on any other user, of or visitor to Arna India, or any other customer
of Arna India, including any Account not owned by You, to its source, or exploit the
Service or information made available or offered by or through Arna India, in any way
whether or not the purpose is to reveal any information, including but not limited to
personal identification information, other than Your own information, as provided for
by Arna India;
• Disrupt or interfere with the security of, or otherwise cause harm to Arna India site,
systems resources, accounts, passwords, servers, or networks connected to or
accessible through Arna India or any affiliated or linked sites.
• Use Arna India or Content for any purpose that is unlawful or prohibited by the
Agreement, or to solicit the performance of any illegal activity or other activity which
infringes the rights of Arna India or other third parties.
• Falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained
in a file that is uploaded.
• Violate any code of conduct or other guidelines, which may be applicable for or to any
Service.
• Violate any applicable laws or regulations for the time being in force within or outside
India.
• Violate the terms of the Agreement.
6.10 You agree that You are solely responsible to Arna India and to any third party for any
breach of Your obligations under these Terms of Use or other Agreements and for the
consequences (including any loss or damage which Arna India or its affiliates or its vendors may
suffer) for any such breach.
6.11 Arna India does not pre-screen User Content and has no obligation to monitor any User
Content. However, Arna India at its discretion and/or in accordance with applicable law may
monitor any User Content and may remove any User Content from Arna India site if Arna India
determines in its sole discretion that such User Content is in violation of these Terms of Use or
any applicable law. When Arna India removes any User Content from Arna India site, Arna India
will make reasonable efforts to inform the user who had posted such User Content. Such
actions do not in manner negate or dilute Arna India position as an intermediary or impose any
liability on Arna India with respect to User Content.
6.12 You shall solely be responsible for maintaining the necessary computer / mobile
equipment, internet connections and other software and technologies that may be required to
access, use, and transact on Arna India. You may incur access or data fees from third parties in
connection with your purchase and/or use of the services. You are responsible for all such fees.
6.13 You shall use Arna India, and any voucher/coupons purchased through it, for personal,
non-commercial use only and shall not re-sell the same to any other person.
6.14 There may be certain orders that Arna India is unable to process or pass on buyer's order
to the seller and must cancel. Some situations that may result in Arna India inability to process
or pass on buyer's order to the seller include, without limitation, non- availability of the Arna
India site service, force majeure, credit limitations or suspected fraud.
6.15 In case buyer purchases multiple Products in one transaction, the Seller(s) may deliver all
such Products together. However, this may not always be possible. If buyer purchases multiple
Products in a single transaction, then all the Products would be dispatched to a single delivery
address provided by buyer at the time of purchase. If buyer wishes to get delivery of the
Products to different addresses, then buyer should purchase the Products under separate
transactions and provide separate delivery addresses for each transaction, as may be required.
Buyer agrees that the delivery of the Products can be made to the person who is present at the
shipping address provided by you.
6.16 You represent and warrant that
A. You are not located in a country that is subject to the Indian Government embargo, or
that has been designated by the Indian Government as a "terrorist supporting" country;
and
B. You are not listed on any Indian Government list of prohibited or restricted parties.
7. AGE REQUIREMENTS
If you order a Product to which a minimum age requirement applies, by ordering that Product
you confirm that you are of the required age. If we reasonably believe that you are not legally
entitled to order a Product, we reserve the right to cancel your order.
GENRAL T&C
1. INTELLECTUAL PROPERTY
1.1 All content (including, but not limited to, logos, text, data compilations, graphics, icons,
images, photographs, audio clips, sounds, music, and software, and any combination thereof)
available on the Website (the "Content"), is either owned or licensed by Arna India, and is
protected by applicable copyright laws and treaties around the world. All such rights are
reserved.
1.2 The "Arna India" trademark as well as all trademarks, whether they are figurative or not,
and all other marks, trade names, service marks, brand names, business names, illustrations,
images, logos which appear on our Products, Website, accessories or packaging, whether
registered or not (the "Trademark"), are and remain the exclusive property of Arna India
and/or its licensors and are protected by applicable trademark laws and treaties around the
world. All such rights are reserved.
1.3 All other intellectual property rights (including, without limitation, registered or
unregistered trademarks, logos, designs, copyrights, patents, know how or trade secrets) in or
related to the Website, the products depicted and/or available on the Website and any
accessories, stationery, packaging or ancillary items connected to such products, your order or
the Website (the “Intellectual Property Rights") are and shall remain the exclusive property of
Arna India and/or its licensors and such Intellectual Property Rights are protected by applicable
intellectual property laws and treaties around the world. All such rights are reserved.
1.4 Limited License Subject to the terms herein, we grant you a revocable, and non-exclusive
license to access and make personal use of the Website limited such that it does not include the
right to:
a. Use the Website in any way which may prejudice or damage the reputation of Arna
India.
b. Use the Website for any commercial or business purposes. The Website is for your
personal use only.
c. Use software robots, spiders, crawlers, or similar data gathering and extraction tools, or
take any other action that may impose an unreasonable burden or load on our
infrastructure.
1.5 Arna India may terminate the limited license set forth in this Section at any time in its sole
discretion without prejudice to any other remedy we may have against you pursuant to
applicable law for any reason whatsoever and/or for any breach of these Terms.
2. CONTENT
Arna India endeavors to ensure that the information posted by it on the Website is accurate
and complete. Arna India does not, however, guarantee that the Content or any other
information available on the Website is accurate and/or error free, Arna India does not promise
that the functionality of the Website or Content will be error free or that the Website, Content,
or the server that makes it available are free of viruses, malicious code or other components
which are potentially harmful. Arna India recommends that all users of the Internet ensure they
have up to date virus checking software installed.
3. DISCLAIMER OF WARRANTIES & LIABILITY
3.1 On Arna India website, services, content, user content and any third-party content are
provided by Arna India on an "as is" basis without warranty of any kind, express, implied,
statutory, or otherwise, including the implied warranties of title, non-infringement,
merchantability or fitness for a particular purpose. Without limiting the foregoing, Arna India
makes no warranty that (i) the Arna India site or the services will meet your requirements or
your use of Arna India site or the services will be uninterrupted, timely, secure or error-free; (ii)
the results that may be obtained from the use of Arna India site or services will be effective,
accurate or reliable; (iii) the quality of Arna India site or services will meet your expectations; or
that (iv) any errors or defects in Arna India site or services will be corrected. No advice or
information, whether oral or written, obtained by you from Arna India or through Arna India
site / content or from use of the services shall create any warranty not expressly stated in these
terms of use.
3.2 To the maximum extent permitted by applicable law, Arna India will have no liability related
to user content and / or third-party content arising under intellectual property rights, libel,
privacy, publicity, obscenity, or other laws. Arna India also disclaims all liability with respect to
the misuse, loss, modification, or unavailability of any user content and / or third-party content.
3.3 You expressly understand and agree that, to the maximum extent permitted by applicable
law Arna India will not be liable for any loss that you may incur because of unauthorized use of
your account or account information in connection with Arna India site or any services, either
with or without your knowledge. Arna India has endeavored to ensure that all the information
on Arna India site is correct, but Arna India neither warrants nor makes any representations
regarding the quality, accuracy or completeness of any data, information, product, or service.
Arna India shall not be responsible for the delay or inability to use the Arna India site or related
functionalities, the provision of or failure to provide functionalities, or for any information,
software, products, functionalities, and related graphics obtained through the Arna India site,
or otherwise arising out of the use of Arna India site, whether based on contract, tort,
negligence, strict liability or otherwise. Further, Arna India shall not be held responsible for
non-availability of the Arna India site during periodic maintenance operations or any unplanned
suspension of access to the Arna India site that may occur due to technical reasons or for any
reason beyond Arna India control. The user understands and agrees that any material or data
downloaded or otherwise obtained through Arna India site is done entirely at their own
discretion and risk and they will be solely responsible for any damage to their computer
systems or loss of data that results from the download of such material or data. Arna India is
not responsible for any typographical error leading to an invalid coupon. Arna India accepts no
liability for any errors or omissions, with respect to any information provided to you whether
on behalf of itself or third parties.
3.3 In the event You have purchased / downloaded the Arna India application from any online
application stores, whether provided by Apple, Microsoft, Google, or Blackberry (or their
respective affiliates) (collectively referred to as "Store Providers"), and there occurs any failure
of the application and / or Services, you may follow the process recommended by the Store
Provider under the terms of the contract applicable between You and such Store Provider. The
Store Providers shall not be liable for any (i) warranty obligations of Arna India and related
claims, losses, liabilities, damages, costs, or expenses; (ii) product liability / consumer
protection claims, and claims related to the Arna India site non-conformity with any applicable
laws; and (iii) any third party claims of infringement of intellectual property rights by the Arna
India.
4. DATA PROTECTION
By placing an order, you agree and understand that we may collect, use, store and process your
personal data in accordance with our Privacy policy. Arna India fully respects the privacy of
individuals who access and use the Website. For details on the way we use cookies, the type of
information we collect, how and for what purpose, we use your information and under what
circumstances we disclose information please see our Cookies section in our Private Policy.
5. ASSIGNMENT, SUBCONTRACTING ETC
We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and
obligations under these Terms provided that your rights under these Terms are not affected.
You may not assign, sub-contract or otherwise transfer any of your rights or obligations under
these Terms without our consent in writing.
6. TERMS
6.1 The Agreement will continue to apply until terminated by either you or Arna India as set
forth below. If you want to terminate your agreement with Arna India, you may do so by (i) not
accessing Arna India site; or (ii) closing Your Account for all of the Services that you use, where
Arna India has made this option available to you.
6.2 You agree that Arna India may, in its sole discretion and without prior notice, terminate
your access to Arna India site and block your future access to Arna India site if Arna India
determines that you have violated the terms of these Terms of Use or any other Agreement(s).
You also agree that any violation by you of the Agreement(s) will cause irreparable harm to
Arna India, for which monetary damages may be inadequate, and you consent to Arna India
obtaining any injunctive or equitable relief that Arna India deems necessary or appropriate in
such circumstances. These remedies are in addition to any other remedies Arna India may have
at law or in equity.
6.3 In addition to Clause 6.2 above, Arna India may, at any time, with or without notice,
terminate these Terms of Use (or portion thereof, such as any individual Additional Terms) with
You if:
Arna India is required to do so by law (for example, where the provision of the Services
to You is, or becomes, unlawful), or upon request by any law enforcement or other
government agencies.
The provision of the Services to You by Arna India is, in Arna India opinion, no longer
commercially viable.
Arna India has elected to discontinue, with or without reason, access to Arna India site,
the Services (or any part thereof); or
In the event Arna India faces any unexpected technical issues or problems that prevent
Arna India site and / or Services from working.
6.4 Arna India may also terminate or suspend all or a portion of Your Account or access to the
Services with or without reason. Except as may be set forth in any Additional Terms applicable
to a particular Service, termination of Your Account may include: (i) removal of access to all
offerings within Arna India site or with respect to the Services; (ii) disabling access to the
Account Information, including Your personal information, log-in ID and password, and all
related information, files and materials associated with or inside Your Account (or any part
thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the
Services.
6.5 You agree that all terminations shall be made in Arna India sole discretion and that Arna
India shall not be liable to You or any third party for any termination of Your Account (and
accompanying deletion of Your Account Information), or Your access to Arna India site and
Services.
6.6 Notwithstanding the foregoing, these such terms of this Agreement as are meant to survive
termination / expiry of this Agreement, will survive indefinitely unless and until Arna India
chooses to terminate them. Arna India may inform the sellers who have accepted your
purchase orders on Arna India site that this Agreement is terminated, and upon such
information sellers may cancel the purchase order. Arna India may also cancel all your non-
fulfilled orders on the Arna India site without any obligation or liability towards you.
7. AMENDMENTS TO THESE TERMS
We reserve the right to make changes to these Terms at any time. You, and any contract of sale
between us, will be subject to the version of these Terms in force at the time you order the
Products in question from us.
8. EVENTS BEYOND OUR REASONABLE CONTROL
Neither we nor our Partners will be held responsible for any delay or failure to perform or
comply with our obligations under these Terms if the delay or failure arises from any cause,
which is beyond our reasonable control.
9. SEVERANCE
Each provision of these Terms shall be construed separately and independently of each other. If
any provision is deemed invalid, void or otherwise unenforceable, that provision shall be
deemed severable form and not affect the enforceability of any of the other provisions of these
Terms.
10. GOVERNING LAW AND JURISDICTION
10.1 These Terms of Use and all transactions entered on or through Arna India site and the
relationship between you and Arna India shall be governed in accordance with the laws of India
without reference to conflict of laws principles.
10.2 You agree that all claims, differences, and disputes arising under or in connection with or
in relation hereto Arna India site, these Terms of Use, the Agreement(s) or any transactions
entered into on or through Arna India site or the relationship between You and Arna India shall
be subject to the exclusive jurisdiction of the courts at New Delhi, India and You hereby accede
to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any
objection which such party may now or hereafter have to the laying of improper venue or
forum non convenient. Each party agrees that a judgment in any such action or proceeding may
be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. All
service of process and any other notice in any such suit, action or proceeding with respect to
this Agreement shall be effective against a party if given as provided herein.
11. ARNA INDIA EMPLOYEES
Arna India Employees ordering products from the Website, and who are entitled to staff
discount, agree that they have read and adhere to the terms and conditions of the Arna India
staff discount policy. Employees with any questions about this discount policy please contact
your HR department.
12. ENTIRE AGREEMENT
12.1 These Terms and any document expressly referred to in them constitute the whole
agreement between us and supersede any previous arrangement, understanding or agreement
between us, relating to the subject matter of any contract.
12.2 We each acknowledge that, in agreeing to these Terms, (and the documents referred to in
it), neither of us relies on any statement, representation, assurance or warranty
("Representations") of any person (whether a party to that contract or not) other than as
expressly set out in these Terms.
12.3 Each of us agrees that the only rights and remedies available to us arising out of or in
connection with a Representation shall be for breach of contract as provided in these Terms.
13. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should
be in writing. When using the Website, you accept that communication with us will be mainly
electronic. We will contact you by e-mail or provide you with information by posting notices on
the Website. For contractual purposes, you agree to this electronic means of communication
and you acknowledge that all contracts, notices, information and other communications that
we provide to you electronically comply with any legal requirement that such communications
be in writing. This Section 13 does not affect your statutory rights.
14. NOTICES
All notices given by you to us must be sent to The Legal Department, Arna India at J003, Emaar
Palm drive, Sector 66, Gurgaon – 122001 or at legal@Arna India.com. We may give notice to
you at either the e-mail or postal address you provide to us when placing an order, or in any of
the ways specified in Section (13) above.
15. WAIVER
If we fail, at any time during the term of our contract, to insist upon strict performance of any
of your obligations under the contract or any of these Terms, or if we fail to exercise any of the
rights or remedies to which we are entitled pursuant to the Terms, this shall not constitute a
waiver of such rights or remedies and shall not relieve you from compliance with such
obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a
waiver and is communicated to you in writing in accordance with Section (14) above.
16. ASSIGNMENT
You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or
any obligations, to any third party and any such assignment or transfer or purported
assignment or transfer shall be void ab initio. Arna India rights and/or obligations under the
Agreement are freely assignable or otherwise transferable by Arna India to any third parties
without the requirement of seeking your prior consent. Arna India may inform you of such
assignment or transfer in accordance with the notice requirements under the Agreement. Arna
India shall have right to transfer Your Account and Account Information to a third party who
purchases Arna India business as conducted under the Arna India site.
17. SEVERABILITY
If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or
portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent
permissible so as to give effect to the intent of the parties as reflected by that provision, and
the remainder of the Agreement shall continue in full force and effect. Arna India may amend in
a reasonable manner such provision to make it enforceable and such amendment will be given
effect in accordance with the amendment terms of these Terms of Use.
18. WAIVER
Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any
related right, shall not constitute a waiver by such party of that provision or right. The exercise
of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise
of, any rights or remedies available to such party under these Terms of Use or in law or at
equity. Any waiver by a party shall only be made in writing and executed by a duly authorized
officer of such party.
19. PRINCIPAL TO PRINCIPAL RELATIONSHIP
You and Arna India are independent contractors, and nothing in these Terms of Use will be
construed to create a partnership, joint venture, association of persons, agency (disclosed or
undisclosed), franchise, sales representative, or employment relationship between You and
Arna India. As an abundant caution, it is clarified that Arna India shall not have any right to
conclude any contract for sale or purchase of Products for and / or on your behalf and both you
and Arna India have entered this agreement on principal-to-principal basis.
20. FORCE MAJEURE
If performance of any service or obligation under these Terms of Use or other Agreement by
Arna India is, or other third parties in fulfillment of any purchase or sale transaction (for eg:
logistics service provider, fulfillment center, payment gateways etc.) are, prevented, restricted,
delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning,
severe weather, shortages of materials, rationing, utility or communication failures,
earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies,
blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or
requirement having legal effect of any government or any judicial authority or representative of
any such government, or any other act whatsoever, whether similar or dissimilar to those
referred to in this clause, which are beyond the reasonable control of Arna India or its third
parties performing such services as sub-contractor to Arna India and could not have been
prevented by reasonable precautions (each, a "Force Majeure Event"), then Arna India shall be
excused from such performance to the extent of and during the period of such Force Majeure
Event. Arna India shall exercise all reasonable commercial efforts to continue to perform its
obligations hereunder.