Terms & Conditions
Welcome to bydivyaaggarwal.com!
You may use the website only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. If you are under 18, your parent or guardian must enter into this Agreement on your behalf and will be responsible for your use of and access to the Service; this includes financial responsibility for any items you purchase through the Service. Any use or access to the website by anyone under 18 is strictly prohibited and in violation of this Agreement. If you are under 18, please do not attempt to register or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 18 without verification of parental consent, we will delete that information as quickly as possible.
When you visit www.bydivyaaggarwal.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of www.bydivyaaggarwal.com or its content suppliers. The compilation of all content on this site is the exclusive property of www.bydivyaaggarwal.com. All software used on this site is the property of www.bydivyaaggarwal.com or its software suppliers.
Your use of divyaaagarwal.com and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights, including www.bydivyaaggarwal.com's Software and all HTML and other code contained in this Site. Any violation of our trademarks will be liable for legal action.
www.bydivyaaggarwal.com grants you a limited permission to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it. This permission does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of www.bydivyaaggarwal.com. You may not use any proprietary information (including images, text, page layout, or form) of www.bydivyaaggarwal.com and our affiliates without express written consent. You may not use any Meta tags or any other "hidden text" utilizing www.bydivyaaggarwal.com;s name or trademarks without the express written consent of www.bydivyaaggarwal.com. Any unauthorized use terminates the permission granted by www.bydivyaaggarwal.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.bydivyaaggarwal.com so long as the link does not portray www.bydivyaaggarwal.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any www.bydivyaaggarwal.com logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password divyaaagarwal.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
RISK OF LOSS
All items purchased from divyaaagarwal.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
divyaaagarwal.com and its affiliates attempt to be as accurate as possible. However, divyaaagarwal.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
The fit of our clothing depends on the cut, fabric and style of each garment. Some garments are designed to have a looser, relaxed fit and some garments are styled to be more fitted. Please review our sizing guide to select the size best suited to you.
PRODUCT PROPERTIES AND WASH CARE
All of Divya Aggarwal products are handcrafted using the finest natural fibres. The subtle variations in colour, texture and finish are intrinsic to hand made products. Our products involve crafts-based traditions of hand spinning, dying, weaving, wood block printing and embroidery.
An irregular weave or print is not a defect - handloom by definition means uncertainty when it comes to uniformity.
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Divya Aggarwal, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless divyaaagarwal.com, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the site or services, any user postings made by you, your violation of any terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. divyaaagarwal.com reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with divyaaagarwal.com in asserting any available defences.
By visiting divyaaagarwal.com, you agree that the laws of India, under the jurisdiction of the Delhi High Court, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and divyaaagarwal.com or its affiliates.
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 condition.
The failure by DIVYA AGGARWAL 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 DIVYA AGGARWAL of them or of the right any time subsequent to enforce all Terms and Conditions of this agreement.
Failure on the part of DIVYA AGGARWAL to perform any of its obligations and the non-furnishing of the Service, shall not entitle you to raise any claim against DIVYA AGGARWAL 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 DIVYA AGGARWAL that directly or indirectly hinders or prevents DIVYA AGGARWAL from commencing or proceeding with the 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.
Any dispute relating in any way to your visit to divyaaagarwal.com or to products you purchase through divyaaagarwal.com shall be submitted to confidential arbitration in Delhi, India, except that, to the extent you have in any manner violated or threatened to violate divyaaagarwal.com intellectual property rights, divyaaagarwal.com may seek injunctive or other appropriate relief in any court in India or internationally, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing under the Indian Arbitration Act.
The arbitrator award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Divya Aggarwal may suspend or terminate your use of the divyaaggarwal.com or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, used, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until Divya Aggarwal chooses to terminate them.
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.