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Terms & Conditions

Welcome to Arish Bionaturals.
This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Arish Bionaturals marketplace platform (hereinafter referred to as "ARISH BIONATURALS")
Your use of the Arish Bionaturals and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Arish Bionaturals including the applicable policies which are incorporated herein by way of reference. By mere use of the Arish Bionaturals, You shall be contracting with Arish Bionaturals Designs Private Limited and these terms and conditions including the policies constitute Your binding obligations, with Arish Bionaturals.
For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Arish Bionaturals by providing Registration Data while registering on the Arish Bionaturals as Registered User. The term "Arish Bionaturals","We","Us","Our" shall mean Arish Bionaturals Private Limited and its affiliates.
When You use any of the services provided by Us through the Arish Bionaturals website, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Arish Bionaturals following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Arish Bionaturals. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Arish Bionaturals Policies including but not limited to Privacy Policy as amended from time to time.

User Account, Password, and Security:
If You use the Arish Bionaturals, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Arish Bionaturals.
You agree to
(a) immediately notify Arish Bionaturals of any unauthorized use / breach of your password or account
(b) ensure that you exit from your account at the end of each session.

Services Offered:
Arish Bionaturals provides a number of Internet-based services through the Arish Bionaturals. One such Service enables Users to purchase original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands (collectively, "Products"). The Products can be purchased through the Arish Bionaturals through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. (which are found on the FAQ tab in the Arish Bionaturals and all of which are incorporated here by reference). In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product.
Arish Bionaturals does not warrant that Product description or other content of Arish Bionaturals is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Acceptance of your Order
Once an order is placed you will receive a confirmation acknowledging your details through email at your provided mail id. This is an acknowledgement of your details and is not a confirmation of your order. A contract between you and Arish Bionaturals is confirmed once you pay for an order you placed and receive an email with your tracking information. We reserve the right not to accept your order if the item is out of stock, does not pass our quality checking stage, or if we are unable to obtain authorization for payment.  All orders are subject to availability and confirmation of the order price.
Pricing & Availability
Whilst we try and ensure that all details, descriptions and prices that appear on the Website are accurate, there may be cases where errors occur. If we discover an error in the price or any other information of any products that you have ordered, we will inform you of this as soon as possible and, give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full or partial refund deducting operational fees or processing charges, payment gateway charges if any.

If items that you order are out of stock, subject to a delay, or have detail or description errors we will try to contact you at the email address you provided. If we cannot contact you in regards to our out of stock orders we will cancel these within 72 hours and you will receive a refund deducting processing or payment gateway charges. In case of delay  in refund you can enquire to us about the refund from our end but once we approve your refund after that if in any case your refund is delayed then you will have to follow up with the Payment Gateway provider www.ccavenue.com
Shipping & Delivery
We aim to dispatch all orders within 2 working days subject to credit clearance and address verification. All India and international shipments are delivered by various courier services such as Blue Dart, DHL Express service, DTDC etc
All shipments sent with the above mentioned courier services require a signature as proof of delivery. Shipments are insured whilst in transit from Arish Bionaturals until the parcel is signed for, at which point responsibility for your purchased goods passes to you. The tracking information is available in your account information once a shipment has been generated with the courier service. You may use this to track your parcel at the courier services website also. If your tracking information is not available, please email customercare@arishbionaturals.com
The courier service company may authorize parcels to be left at an agreed location (eg. Outside the delivery address or neighbours residence etc). A signed note will be required and this will be used as proof of delivery. Customers that authorize this form of delivery do so at their own risk. Neither the courier service comapny nor Arish Bionaturals are responsible for lost/stolen parcels. In case of lost or damage during transit, the customer should only deal with the courier company and will not drag Arish Bionaturals into any legal or police issues. However Arish Bionaturals will help the customer and provide with the whatever dispatch details provided by the courier company,  slip and number of the courier company provided to Arish Bionaturals during dispatch only.

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 and Rules there under. We may share personal information with our other corporate entities and affiliates.
We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.
We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. We have developed this Privacy Policy to protect Your personal/financial information and keep it confidential. By visiting Our Arish Bionaturals, you are accepting and consenting to the practices described in this Privacy Policies. The following Privacy Policy and Cookie Policy outlines the information we may process and how we may use that information to better serve you while using our Arish Bionaturals.
a. Correspondence Information. Following are the various Correspondence Information which You provide when You access/register for Our Service includes:
•           Children under the age of 18: Use of the Arish Bionaturals is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Arish Bionaturals. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Arish Bionaturals Arish Bionaturals and shall not transact on or use the Arish Bionaturals. As a minor if you wish to use or transact on Arish Bionaturals, such use or transaction may be made by your legal guardian or parents on the Arish Bionaturals.
•           Personal Information: name, gender, age, images, contact/ postal address, telephone, email id, nationality and content.
•           Financial Information: credit/ debit card details including card number and expiry date in encrypted form, details for net banking services and Wallet services. Please be advised that Arish Bionaturals ensures the highest degree of data security, while encrypting as per the guidelines specified by Payment Cards Industry Data Security Standard (PCI DSS).
•           Payment and Account Information: Your account history with us including (without limitation) all billing information and communications, payment history etc. We maintain this in encrypted form on secure servers. However, your transactions details may be preserved by Arish Bionaturals for purposes of tax or regulatory compliance.
•           Transactional Information: Order ID, transactional history (other than banking details) about your e-commerce activities on our Arish Bionaturals.
•           User IDs: Your usernames, passwords, email addresses and other security-related information used by you in relation to our Services.
•           Stored Information: Data either created by you or by a third party and which you wish to store on our servers such as image files, documents etc.
•           Shared Information: What types of information are not allowed on Arish Bionaturals Mobile App?
•           Nudity or other sexually suggestive content
•           Hate speech, credible threats or direct attacks on an individual or group
•           Content that contains self-harm or excessive violence
•           Fake or impostor profiles
•           Spam
b. Technical and functional management of the Mobile App. When you use our Arish Bionaturals, we also process technical data such as your IP-address, Device ID or MAC-address, and information about the manufacturer, model, and operating system of your mobile device. We use this data to enable us to deliver the functionalities of the Arish Bionaturals, resolve technical difficulties, and provide you with the correct (prevent the transmission of spam, viruses and/or unlawful, defamatory, obscene or otherwise undesirable material or content) and most up to date version of the Arish Bionaturals.
c. Operational Use. We may use your information for suggesting products and promotional offers and schemes. You may update your profiling information at any time on the Arish Bionaturals. You acknowledge and agree such update is for Your interests and for improving personalization and service efficiency of the Arish Bionaturals.
d. Note: You acknowledge that, we will only disclose your information in an aggregated form which is not capable of being used or interpreted in such a manner as to identify you. d. Applicable law and procedure. We collect and store your Correspondence Information to: (a) comply with our obligations under law; and (b) monitor your use of our Services in order to ensure your compliance with our Terms of Service.
Note: However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet. Any transmission of information by you to our Arish Bionaturals is at your own risk. We recommend that you do not disclose your password to anyone.
e. Cookie Policy. A cookie is a small text file that we place on your mobile device to enable various features of Arish Bionaturals. "Cookies" are used to store user preferences and to track user trends, so as to enhance your interactive experience and generally improve our Services to you. You can change your cookie settings to accept or not accept cookies in your browser settings. If you do accept a "cookie", you thereby agree to our use of any Personal Information collected by us using that Cookie. If you do accept a "cookie", you thereby agree to our use of any Personal Information collected by us using that Cookie.
f. Third Party. At times We may tie-up with third parties, brand owners or other partners and make available certain offers, events or special schemes. In such instances, Your personal information may be shared with such third parties and/or may become available to them or be disclosed to them, such third parties may have their own applicable privacy rules and We shall not be liable for the use or misuse of Your information by such third parties.
g. We only collect your Personal Information to conduct our business and to enable us to deliver and improve our services. We do not for any reason whatsoever sell your Correspondence Information to any third party or otherwise trade on it.
Disclaimer of Warranties and Liability:
All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Arish Bionaturals are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Arish Bionaturals does not warrant that: Arish Bionaturals will be constantly available, or available at all; or The information on Arish Bionaturals is complete, true, accurate or non-misleading.
All the Products sold on Arish Bionaturals are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You. You will be required to enter a valid phone number while placing an order on the Arish Bionaturals. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

Indemnity:
You shall indemnify and hold harmless Arish Bionaturals, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees for whatsoever reason from any kind of 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 Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Trademark, Copyright and Restriction:
Arish Bionaturals is controlled and operated by Arish Bionaturals and raw materials are acquired from respective producers/manufacturers/sellers. All material on Arish Bionaturals, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Arish Bionaturals is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Arish Bionaturals or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.
Limitation of Liability:
In no event shall Arish Bionaturals be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
(a) the use or the inability to use the Services or Products;
(b) unauthorized access to or alteration of the user's transmissions or data;
(c) breach of condition, representations or warranties by the manufacturer of the Products
(d) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Arish Bionaturals products or Service. Arish Bionaturals shall not be held responsible for non-availability of the www.arishbionaturals.com during periodic maintenance operations or any unplanned suspension of access to the Arish Bionaturals. The User understands and agrees that any material and/or data downloaded at Arish Bionaturals is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, Arish Bionaturals’s liability shall be limited to an amount equal to the Products purchased value bought by You.  Arish Bionaturals shall not be liable for any dispute or disagreement by Users.

Copyright Statement
This website is owned and operated by Arish Bionaturals, 90, Italgacha Rd. Kolkata-700079. All content including pictures, designs, logos, photographs, written and other materials on our website are copyrighted to Arish Bionaturals. All worldwide rights are reserved. This site and its contents may only be used for personal non-commercial use. Any reproduction in whole or in part of our website is strictly prohibited.
General
We may change or modify these terms and conditions without informing you at any time and you must read and agree before placing an order for a product to us, and must only place order when you agree with our terms and conditions, and your continued use of this site following such change shall signify your agreement to be bound by the modified terms of conditions. Please read the terms and conditions and check back often.
Termination:
a. Arish Bionaturals may suspend or terminate your use of the Arish Bionaturals or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, 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 Arish Bionaturals chooses to terminate them.
b. If You or Arish Bionaturals terminates your use of the Arish Bionaturals or any Service, Arish Bionaturals may delete any content or other materials relating to your use of the Service and Arish Bionaturals will have no liability to you or any third party for doing so. However, your transactions details may be preserved by Arish Bionaturals for purposes of tax or regulatory compliance.
c. You shall be liable to pay for any Service or Product that you have already ordered till the time of Termination by either party whatsoever.
d. If Arish Bionaturals unilaterally terminates Your account without any reason then any applicable cash back or wallet amount (if any) shall be refunded to You.

 

Jurisdictional Issues/Sale in India Only:
Unless otherwise specified, the material on the Arish Bionaturals is presented solely for the purpose of sale in India. Arish Bionaturals make no representation that materials in the Arish Bionaturals are appropriate or available for use in other locations/Countries other than India. Those who choose to access Arish Bionaturals from other locations/Countries other than India do so on their own initiative and Arish Bionaturals is not responsible for successful/unsuccessful delivery by the courier service provider of products and no refund claim or any will be entertained for the products ordered from other locations/Countries other than India and will not drag Arish Bionaturals into any international court etc.

Governing Law:
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Kolkata. The place of jurisdiction shall be exclusively in Kolkata.