Terms of Service

THE ASIAN AURA

TERMS OF SERVICE

Operated by Dharmisht Ventures (OPC) Private Limited

1. Introduction

These Terms of Service are issued by Dharmisht Ventures (OPC) Private Limited, a company incorporated under the laws of India, operating its consumer-facing business under the brand name ‘The Asian Aura’ (the “Brand”). In these Terms, “Company”, “we”, “us” and “our” mean Dharmisht Ventures (OPC) Private Limited, and “The Asian Aura” or “Brand” means the consumer-facing brand operated by the Company.

By accessing, browsing, registering an account, placing an Order, or otherwise using the Website, you acknowledge that you have read, understood and agreed to be bound by these Terms and the policies expressly incorporated into them, including the Privacy Policy, Shipping Policy, Refund, Return & Replacement Policy, Product & Website Disclaimer, Intellectual Property & Copyright Policy and Cookie Policy (collectively, the “Policies”). Additional terms may apply to particular Products, promotions, services or features where expressly stated on the Website.

If you do not agree with these Terms, you must discontinue use of the Website and should not place an Order.

2. Eligibility

By using this Website, you represent and warrant that:

·         You are legally capable of entering into a binding contract under applicable law.

·         If you are below 18 years of age, you may use the Website only with the involvement and supervision of a parent or legal guardian, and any purchase should be made by such parent or legal guardian.

·         All information provided by you is accurate, complete and current.

·         You will use the Website only for lawful purposes.

The Company may refuse access, suspend an account or cancel an Order where inaccurate, misleading or fraudulent information has been provided, subject always to applicable law.

3. Definitions

For the purposes of these Terms:

·         “Company”, “we”, “us” and “our” mean Dharmisht Ventures (OPC) Private Limited.

·         “Brand” or “The Asian Aura” means the consumer-facing brand operated by the Company.

·         “Website” means the official The Asian Aura website and any associated domains or digital properties operated by the Company.

·         “Customer”, “you” or “your” means any individual or entity accessing or using the Website or purchasing Products.

·         “Products” means mobile phone covers, accessories and other merchandise offered for sale by the Company through the Website under the Brand.

·         “Order” means a request placed by a Customer to purchase Products through the Website.

·         “Business Day” means any day other than Saturday, Sunday or public holidays in Maharashtra and India.

·         “Third-Party IP” means any trademark, trade name, logo, copyright, artwork, character, design, image or other intellectual property belonging to a third party.

4. Website Use

The Website is intended for lawful shopping and related activities. You agree that you shall not:

·         use the Website for any unlawful purpose;

·         reproduce, copy, distribute or commercially exploit Website content without prior written permission;

·         attempt to gain unauthorised access to the Website, servers, databases or related systems;

·         upload viruses, malware or other malicious software;

·         interfere with the security or operation of the Website;

·         scrape, crawl, systematically extract or harvest Website content using automated tools, or create datasets from Website content, without prior written permission;

·         use automated tools to reproduce or commercially exploit Website content in a manner that infringes the Company’s or a third party’s rights;

·         impersonate another person or misrepresent your identity or affiliation;

·         create multiple accounts or otherwise manipulate the Website to abuse promotions or order restrictions;

·         submit false complaints, fraudulent claims, manipulated evidence, misleading information or fraudulent reviews;

·         use the Website or its content in a manner that infringes any third-party intellectual property rights.

Violation of these Terms may result in suspension or restriction of access, cancellation of Orders and other remedies available to the Company under applicable law.

5. Account Registration

Where account registration is available, Customers are responsible for maintaining the confidentiality of their login credentials.

Customers agree to:

·         keep passwords and login credentials confidential;

·         notify the Company promptly of any unauthorised use of their account;

·         ensure account information remains accurate and current;

·         not permit another person to use the account in a manner that violates these Terms.

The Company may suspend, restrict or close an account where reasonably necessary due to fraud, misuse, security concerns, violation of these Terms or other legitimate reasons, subject to applicable law.

6. Electronic Communications

By using the Website or communicating electronically with the Company, you agree that the Company may communicate with you by email, SMS, WhatsApp, telephone, the Website or other available electronic channels for purposes including order processing, invoices, order confirmations, delivery updates, customer service, account administration, security, legal notices and other legitimate business communications, subject to applicable law and the Customer’s applicable communication preferences.

Electronic records may be used for contractual and business communications to the extent permitted by applicable law.

7. Product Information

The Company makes reasonable efforts to ensure that Product descriptions, photographs, specifications and pricing displayed on the Website are accurate and up to date.

However:

·         Product images may be illustrative or representative where expressly indicated.

·         Colours may vary depending on display settings and other technical factors.

·         Minor manufacturing or finishing variations may occur.

·         Transparent TPU and similar materials may naturally yellow or change appearance over time through normal use and environmental exposure.

·         Product specifications, packaging or availability may change without notice where reasonably necessary, including due to supplier changes, product availability or legal or regulatory requirements.

·         Certain Product information may be based on information made available by manufacturers, wholesalers or other third-party suppliers and may not be independently verified by the Company in every instance.

The Company reserves the right to correct typographical, pricing, technical or other genuine errors and to take appropriate action in relation to an affected Order, subject to applicable law.

8. Product Availability

All Products are subject to availability. The Company reserves the right to:

·         discontinue or suspend Products;

·         limit purchase quantities;

·         refuse or cancel Orders;

·         restrict sales to particular locations or Customers;

·         substitute packaging where reasonably necessary;

·         remove or suspend a Product or listing where there is a product quality, safety, regulatory, intellectual property or other legitimate concern.

If a Product becomes unavailable after payment has been received, the Customer will receive an applicable refund through the original payment method, subject to applicable law and the Refund, Return & Replacement Policy.

9. Product Compatibility

Customers are responsible for checking the compatibility information provided on the relevant Product page and selecting the correct make, model, variant and generation of their mobile device before placing an Order.

Orders placed for an incorrect model may not be eligible for cancellation, refund, return or replacement where the Product supplied matches the Order placed, except where otherwise provided under the Refund, Return & Replacement Policy or required by applicable law.

10. Pricing

All prices displayed on the Website are in Indian Rupees (INR) without any taxes.

The Company may modify prices, discounts, promotions and Product specifications from time to time. Applicable shipping charges, if any, will be displayed during checkout before payment.

Where a genuine pricing error occurs due to a typographical error, technical malfunction or system issue, the Company may cancel the affected Order and issue an appropriate refund, subject to applicable law.

11. Orders

Submission of an Order constitutes an offer by the Customer to purchase the relevant Products. An Order will be accepted only when the Company confirms dispatch of the Product, unless otherwise expressly stated.

The Company may refuse, suspend or cancel an Order, subject to applicable law, for reasons including:

·         pricing errors;

·         payment verification or authorisation failure;

·         stock or Product unavailability;

·         suspected fraud or misuse;

·         incorrect, incomplete or misleading Customer information;

·         suspected unauthorised or unlawful use of intellectual property, or a credible intellectual property concern relating to a Product or listing;

·         Product safety, quality, compliance or regulatory concerns;

·         supplier withdrawal or inability to fulfil the Order;

·         violation of these Terms or applicable law;

·         other legitimate operational or legal reasons.

Where an Order is cancelled after payment, the Company will process any applicable refund in accordance with applicable law and the relevant Policy.

12. Customer Information

Customers are responsible for providing accurate billing, contact and delivery information.

The Company shall not be responsible for delays, failed deliveries or additional costs arising directly from inaccurate, incomplete or outdated information supplied by the Customer, to the extent permitted by applicable law.

The Company may contact the Customer to verify information where reasonably necessary to process or fulfil an Order.

13. Payment

The Company currently accepts prepaid Orders only through approved payment methods displayed on the Website.

Payment processing may be performed by independent third-party payment service providers. Payment information may be processed by such providers in accordance with their applicable terms and privacy practices.

The Company does not intend to store complete payment card information where payment processing is handled by third-party payment providers. Orders will be processed only after successful payment authorisation.

14. Product Source and Reseller Status

The Company operates as an online retailer and reseller of Products sourced from independent manufacturers, wholesalers and other third-party suppliers. Unless expressly stated otherwise on the relevant Product page, the Company does not manufacture, design or independently certify the Products sold through the Website.

The Company may rely, in part, on Product descriptions, specifications, images, packaging information and other information made available through its supply chain. The Company does not represent that it is an authorised distributor, licensee, franchisee or representative of any third-party brand unless expressly stated.

The absence of an express statement of affiliation, authorisation or endorsement should not be interpreted as a representation that a Product is manufactured, sponsored, endorsed, licensed or authorised by any third-party brand.

15. Intellectual Property and Third-Party Rights

All Website content, including text, graphics, logos, designs, photographs, product descriptions and software, is owned by the Company or used under applicable rights or licence, unless otherwise stated.

Third-party trademarks, trade names, logos, artwork, characters, designs, images and other intellectual property appearing on or in connection with Products or Product listings remain the property of their respective owners. The Company does not claim ownership of such Third-Party IP.

Where third-party brand names, device names or trademarks are used on the Website, they may be used, where appropriate, for identification, compatibility or descriptive purposes and are not intended to imply sponsorship, endorsement, affiliation, authorisation or licensing by the relevant rights holder unless expressly stated.

Nothing contained on the Website grants any licence or right to use the Company’s or any third party’s intellectual property except as expressly stated or permitted by applicable law.

The Company does not knowingly intend to offer Products that infringe third-party intellectual property rights. However, because Products may be sourced from independent manufacturers, wholesalers and other suppliers, the Company may not be able to independently verify the ownership or licensing status of every design, artwork, trademark, logo, character or other intellectual property incorporated into every Product.

If a rights holder or its authorised representative believes that a Product, Product image, description or other content available through the Website infringes its intellectual property rights, it may contact the Company and provide reasonable supporting information concerning the claimed right and alleged infringement.

Upon receipt of a credible complaint, the Company may temporarily suspend, remove or discontinue the relevant Product or content while the matter is reviewed. Any such suspension or removal is a precautionary commercial measure and does not, by itself, constitute an admission of infringement or liability.

Where appropriate, the Company may seek further information, review the relevant Product or listing, communicate with relevant suppliers and/or permanently discontinue the affected Product or content.

16. Third-Party Services

The Company may utilise independent third-party service providers, including payment gateways, courier companies, logistics providers, technology providers and other service providers.

The Company shall not be responsible for delays, interruptions or technical failures caused solely by independent third parties, except to the extent liability cannot lawfully be excluded or where applicable law imposes responsibility on the Company.

17. Fraud Prevention and Misuse

The Company may investigate suspicious transactions and fraudulent or abusive activities.

Fraudulent or abusive conduct may include, but is not limited to:

·         payment fraud;

·         chargeback abuse;

·         false or materially misleading claims;

·         manipulated photographs, videos or other evidence;

·         misuse of promotions or discount mechanisms;

·         creation or use of multiple accounts to circumvent restrictions;

·         abuse of return, refund or replacement processes;

·         false reviews or attempts to manipulate ratings or customer feedback.

Subject to applicable law, the Company may suspend or restrict accounts, cancel affected Orders, reject future purchases and pursue other remedies available to it.

18. Disclaimer of Warranties

To the extent permitted by applicable law, the Website is provided on an “as available” basis and the Company does not guarantee uninterrupted, secure or error-free availability of the Website.

Product information is provided in accordance with the relevant Product page and applicable Policies. The Company does not warrant that every Product will meet a Customer’s subjective expectations or that every Website feature will always be available without interruption.

Nothing in these Terms excludes, restricts or modifies any statutory consumer right, guarantee, warranty, remedy or liability that cannot lawfully be excluded, restricted or modified.

19. Limitation of Liability

To the fullest extent permitted by applicable law, the Company’s aggregate liability arising directly out of or relating to an Order or Product shall be limited to the amount actually paid by the Customer for the specific Product giving rise to the claim.

To the fullest extent permitted by applicable law, the Company shall not be liable for indirect, incidental, special or consequential losses, loss of profits, loss of business or loss of data arising from use of the Website or a Product.

Nothing in this section excludes or limits liability or statutory rights that cannot lawfully be excluded or limited, including where applicable liability arising from fraud, wilful misconduct, product liability or other non-excludable legal obligations.

20. Changes to These Terms

The Company may update or modify these Terms from time to time to reflect changes in the Website, Products, business practices, applicable law or regulatory requirements. The updated Terms will be published on the Website with an applicable effective date.

Changes will apply prospectively and will not affect Orders already accepted except where required or permitted by applicable law. Continued use of the Website after the effective date constitutes acceptance of the updated Terms to the extent permitted by applicable law.

21. Suspension and Termination

The Company may suspend or restrict access to the Website, suspend or close an account, or cancel or refuse an Order where reasonably necessary due to fraud, misuse, security concerns, violation of these Terms, suspected unlawful activity, intellectual property concerns, Product safety or compliance concerns, regulatory requirements or other legitimate reasons, subject to applicable law.

Any rights or obligations that by their nature are intended to survive termination, including provisions concerning intellectual property, liability, dispute resolution and applicable law, will continue to apply.

22. Entire Agreement and Policy Hierarchy

These Terms, together with the Policies expressly incorporated into them and any Order-specific terms expressly presented to the Customer, constitute the agreement between the Company and the Customer relating to use of the Website and purchase of Products.

If there is an inconsistency between these Terms and a more specific Policy relating to a particular subject matter, the more specific Policy will apply to that subject matter, subject always to applicable law and statutory consumer rights.

23. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect to the extent permitted by law.

24. Waiver

Failure or delay by the Company to enforce any provision of these Terms will not constitute a waiver of that provision or any other rights.

25. Assignment

The Company may assign, transfer or otherwise deal with its rights and obligations under these Terms in connection with a restructuring, merger, business transfer, sale of the Website or Brand, transfer of business assets, or to a successor or affiliate, subject to applicable law.

Customers may not assign their rights or obligations under these Terms without the Company’s prior written consent, except where such restriction is not permitted by applicable law.

26. Consumer Rights

Nothing contained in these Terms excludes or limits any statutory rights, guarantees, warranties, remedies or protections available to consumers under applicable law that cannot legally be excluded or limited.

27. Force Majeure

The Company will not be responsible for delay or failure to perform an obligation to the extent caused by circumstances beyond its reasonable control, including natural disasters, fire, flood, epidemic or pandemic-related restrictions, war, civil disturbance, strikes, government restrictions, transportation or logistics disruptions, telecommunications or technology failures, widespread payment-system failures, supplier disruptions or other events beyond the Company’s reasonable control, subject to applicable law and any statutory rights of consumers.

28. Governing Law & Jurisdiction

These Terms will be governed by and construed in accordance with the laws of India.

Subject to applicable consumer protection laws and the jurisdiction available to consumers under applicable law, courts and competent forums having jurisdiction at Mumbai, Maharashtra, will have jurisdiction over disputes arising out of or relating to these Terms or the use of the Website.

29. Grievance Officer & Contact Details

For questions, complaints, legal notices or intellectual property concerns, please contact:

Dharmisht Ventures (OPC) Private Limited

Customer Care / Grievance Email: theasianaura@gmail.com

Customer Care Telephone: +91- 87797 27772

Business Hours: Monday to Friday (excluding Public Holidays) – 11am to 5pm