Terms &
Conditions of Use
Disclaimer: In the event
of any discrepancy or conflict, the English version will prevail over the
translation.
The website
https://yaministore.com ("yaministore.com") is operated by Yamini
("Yamini" or "us" or "we" or "our"),
located at Plot-535, Ghatikia, Near Sai Temple, Bhubaneswar – 751003, Odisha,
India. Please read the Conditions of Use document carefully before using the
yaministore.com website. By using the yaministore.com website, you signify your
agreement to be bound by Yamini's Conditions of Use. Yamini is the data
controller of personal information collected and processed through our
Services. As described in our Privacy Notice, we (will) share information with
Yamini Group of Companies and the subsidiaries of Yamini, described in our
Privacy Notice. We also share information with third-party service providers.
For example, we use third-party service providers to fulfill orders for
products or services and to deliver packages. For any further details on our security
practices please read our Privacy Notice. For any queries or issues relating to
yaministore.com, you can contact us by clicking here.
Please read these
conditions carefully before using the yaministore.com website. By using the
yaministore.com website, you signify your agreement to be bound by these
conditions.
In addition, when
you use any current or future Yamini service (eg. Wish List or other Yamini
Group services), you will also be subject to the terms, guidelines, and
conditions applicable to that Yamini Service. ("Terms"). If these
Conditions of Use are inconsistent with such Terms, the Terms will control.
These
"Conditions of Use" constitute an electronic record within the
meaning of the applicable law. This electronic record is generated by a
computer system and does not require any physical or digital signatures.
· Conditions Relating
to Your Use of yaministore.com
· Notice and
Procedure for Making Claims of Infringement
· Notice and
Procedure for Notifying yaministore.com of Objectionable Content
Conditions Relating
to Your Use of yaministore.com
1. Your Account
If you use the
website, you are responsible for maintaining the confidentiality of your
account and password and for restricting access to your computer to prevent
unauthorized access to your account. You agree to accept responsibility for all
activities that occur under your account or password. You should take all
necessary steps to ensure that the password is kept confidential and secure and
should inform us immediately if you have any reason to believe that your
password has become known to anyone else, or if the password is being, or is
likely to be, used in an unauthorized manner. Please ensure that the details
you provide us with are correct and complete and inform us immediately of any
changes to the information that you provided when registering. You can access
and update much of the information you provided us within the Your Account area of the website. You agree
and acknowledge that you will use your account on the website to purchase
products only for your personal use and not for business purposes.
yaministore.com reserves the right to refuse access to the website, terminate
accounts, remove or edit content at any time without notice to you.
2. Privacy
Please review
our Privacy Policy, which also
governs your visit to yaministore.com, to understand our practices. The
personal information/data provided to us by you during the course of usage of
yaministore.com will be treated as strictly confidential and in accordance with
the Privacy Policy and applicable laws and regulations. If you object to your
information being transferred or used, please do not use the website.
3. E-Platform for
Communication
You agree,
understand, and acknowledge that the website is an online platform that enables
you to purchase products listed on the website at the price indicated therein
at any time from any location.
4. Access to
yaministore.com
We will do our
utmost to ensure that the availability of the website will be uninterrupted and
that transmissions will be error-free. However, due to the nature of the
Internet, this cannot be guaranteed. Also, your access to the website may also
be occasionally suspended or restricted to allow for repairs, maintenance, or
the introduction of new facilities or services at any time without prior
notice. We will attempt to limit the frequency and duration of any such
suspension or restriction.
5. Licence for
website access
Subject to your
compliance with these Conditions of Use and payment of applicable fees, if any,
Yamini grants you a limited license to access and make personal use of this
website, but not to download (other than page caching) or modify it, or any
portion of it, except with express wrote consent of Yamini and/or its
affiliates, as may be applicable. This license does not include any resale or
commercial use of this website or its contents; any collection and use of any
product listings, descriptions, or prices; any derivative use of this website
or its contents; any downloading or copying of account information for the
benefit of another seller; or any use of data mining, robots, or similar data
gathering and extraction tools.
This website or any
portion of this website (including but not limited to any copyrighted material,
trademarks, or other proprietary information) may not be reproduced,
duplicated, copied, sold, resold, visited, distributed, or otherwise exploited
for any commercial purpose without express written consent of Yamini and/or its
affiliates, as may be applicable.
You may not frame
or use framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of yaministore.com
and its affiliates without express written consent. You may not use any meta
tags or any other "hidden text" utilizing Yamini or its affiliates'
names or trademarks without the express written consent of Yamini and/or its
affiliates, as applicable. Any unauthorized use terminates the permission or
license granted by Yamini and/or its affiliates, as applicable.
You are granted a
limited, revocable, and non-exclusive right to create a hyperlink to the
Welcome page of Yaministore.com as long as the link does not portray Yamini, Yaministore.com,
their affiliates, or their products or services in a false, misleading,
derogatory, or otherwise offensive matter. You may not use any Yaministore.com
logo or other proprietary graphic or trademark as part of the link without the
express written consent of Yamini and/or its affiliates, as may be applicable.
6. Your Conduct
You must not use
the website in any way that causes, or is likely to cause, the website or
access to it to be interrupted, damaged, or impaired in any way You understand that
you, and not yaministore.com, are responsible for all electronic communications
and content sent from your computer to us and you must use the website for
lawful purposes only. You must not use the website for any of the following:
· for fraudulent
purposes, or in connection with a criminal offense or other unlawful
activity
· to send, use or
reuse any material that does not belong to you; or is illegal, offensive
(including but not limited to material that is sexually explicit content or
which promotes racism, bigotry, hatred or physical harm), deceptive,
misleading, abusive, indecent, insulting or harassing, blasphemous, defamatory,
libellous, obscene, pornographic, paedophilic, or menacing; ethnically
objectionable, disparaging or in breach of copyright, trademark, patent,
confidentiality, privacy or any other proprietary information or right; or is
otherwise injurious to third parties; or relates to or promotes money
laundering or gambling; or is harmful to minors in any way; or impersonates
another person; or threatens the unity, integrity, defence, security or
sovereignty of India or friendly relations with foreign States or public order
or causes incitement to the commission of any cognisable offence or prevents investigation
of any offence or is insulting other nation; or objectionable or otherwise
unlawful in any manner whatsoever; or which consists of or contains software
viruses or any other computer code, file or program designed to interrupt,
destroy or limit the functionality of any computer resource, political
campaigning, commercial solicitation, chain letters, mass mailings or any
"spam; or is patently false and untrue.
· to cause annoyance,
inconvenience, or needless anxiety
7. Reviews, comments,
communications, and other content
Users of this
website may post reviews, comments, and other content; send communications; and
submit suggestions, ideas, comments, questions, or other information, as long
as the content is not illegal, obscene, abusive, threatening, defamatory,
invasive of privacy, infringing of intellectual property rights, or otherwise
injurious to third parties, or objectionable and does not consist of or contain
software viruses, political campaigning, commercial solicitation, chain
letters, mass mailings, or any form of "spam." In the event, a user
uses a false e-mail address, impersonates any person or entity, or otherwise
misleads as to the origin of any content. yaministore.com reserves the right
(but not the obligation) to remove, refuse, delete or edit any content that in
the sole judgment of yaministore.com violates these Conditions of use and, or
terminate your permission to access or use this website.
If you do post
content or submit material, and unless we indicate otherwise, you
(a) grant Yamini
and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual, and
fully sublicensable rights to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, and display such content
throughout the world in any media; and
(b) Yamini and its
affiliates and sublicensees the right to use the name that you submit in
connection with such content if they choose.
You agree that the
rights you grant above are irrevocable during the entire period of protection
of your intellectual property rights associated with such content and material.
You agree to waive your right to be identified as the author of such content
and your right to object to derogatory treatment of such content. You agree
to perform all further acts necessary to perfect any of the above rights
granted by you to Yamini, including the execution of deeds and documents, at
its request.
You represent and
warrant that you own or otherwise control all of the rights to the content that
you post or that you otherwise provide on or through the website; that, as at
the date that the content or material is submitted to yaministore.com:
(i) the content and
material is accurate;
(ii) use of the
content and material you supply does not breach any applicable yaministore.com
policies or guidelines and will not cause injury to any person or entity
(including that the content or material is not defamatory);
(iii) the content
is lawful. You agree to indemnify Yamini and its affiliates for all claims brought
by a third party against it or its affiliates arising out of or in connection
with a breach of any of these warranties.
8. Claims against
Objectionable Content
You can refer to
the product detail page on yaministore.com for checking any product details
provided by us regarding the following:
· the total price in
a single figure of any good or service, along with the breakup price for the
good or service, showing all the compulsory and voluntary charges such as
delivery charges, postage and handling charges, conveyance charges, and the
applicable tax, as applicable. These details are available on the invoice
issued to you. To understand how to generate an invoice you can refer here.
· mandatory notices
and information provided by applicable laws, and the expiry date of the good
being offered for sale, where applicable;
· goods and services
offered for sale by the seller including country of origin which are necessary
for enabling the consumer to make an informed decision at the pre-purchase
stage;
· guarantees or
warranties are applicable to such goods or services. Further, all contractual
information required to be disclosed by law is incorporated as part of the
Yamini executed by us on yaministore.com, prior to listing its products.
Because
yaministore.com lists millions of products for sale offered by us on the
website and hosts many thousands of comments, it is not possible for us to be
aware of the contents of each product listed for sale, or each comment or
review that is displayed. Accordingly, yaministore.com operates on a
"notice and takedown" basis. If you believe that any content on the
website is illegal, offensive (including but not limited to material that is
sexually explicit content or which promotes racism, bigotry, hatred or physical
harm), deceptive, misleading, abusive, indecent, insulting or harassing,
blasphemous, defamatory, libellous, obscene, pornographic, paedophilic,
invasive of another’s privacy or menacing; ethnically objectionable,
disparaging; or in breach of a third party’s confidential, proprietary
information or right; or is otherwise injurious to third parties; or relates to
or promotes money laundering or gambling; or is harmful to minors in any way;
or impersonates another person; or threatens the unity, integrity, defence,
security or sovereignty of India or friendly relations with foreign States, or
public order, or causes incitement to the commission of any cognisable offence
or prevents investigation of any offence or in insulting other nation; or
objectionable or otherwise unlawful in any manner whatsoever; or which consists
of or contains software viruses or any other computer code, file or program
designed to interrupt, destroy or limit the functionality of any computer
resource; or is patently false and untrue (" Objectionable Content
"), please notify us immediately by following our Notice and
Procedure for Making Claims of Right Infringements section down below.
Once this procedure has been followed, yaministore.com will make all reasonable
endeavors to remove such Objectionable Content complained about within a
reasonable time.
9. Copyright,
authors' rights, and database rights
All content
included on the website, such as text, graphics, logos, button icons, images,
audio clips, digital downloads, data compilations, and software, is the
property of Yamini, its affiliates, or its content suppliers and is protected
by India and international copyright, authors' rights, and database right laws.
The compilation of all content on this website is the exclusive property of
Yamini and its affiliates and is protected by laws of India and international
copyright and database rights laws. All software used on this website is the
property of Yamini, its affiliates, or its software suppliers and is protected
by India and international copyright and author's rights laws.
You may not
systematically extract/ or re-utilize parts of the contents of the website
without Yamini and/or its affiliates (as may be applicable) express written
consent. In particular, you may not utilize any data mining, robots, or similar
data gathering and extraction tools to extract (whether once or many times) for
re-utilization of any substantial parts of this website, without Yamini and/or
its affiliates (as may be applicable) express written consent. You may also not
create and/ or publish your own database that features substantial (eg: prices
and product listings) parts of this website without Yamini and/or its
affiliates (as may be applicable) express written consent.
10. Intellectual
Property Claims
Yamini and its
affiliates respect the intellectual property of others. If you believe that
your intellectual property rights have been used in a way that gives rise to
concerns of infringement, please follow our Notice and Procedure for
Making Claims of Right Infringements section down below.
11. Trademarks
YAMINISTORE.COM,
YAMINI, THE YAMINI LOGO, and other marks indicated on our website are
trademarks or registered trademarks of Yamini or its subsidiaries (collectively
"Yamini"), Indian jurisdictions. yaministore.com's graphics, logos,
page headers, button icons, scripts, and service names are the trademarks or
trade dress of Yamini. Yamini's trademarks and trade dress may not be used in
connection with any product or service that is not Yamini's, in any manner that
is likely to cause confusion among customers, or in any manner that disparages
or discredits Yamini. All other trademarks not owned by Yamini that appear on
this website are the property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by Yamini.
12. Disclaimer
You acknowledge and
undertake that you are accessing the services on the website and transacting at
your own risk and are using your best and prudent judgment before entering into
any transactions through the website. You further acknowledge and undertake
that you will use the website to order products only for your personal use and
not for business purposes. We shall neither be liable nor responsible for any
actions or inactions of us nor any breach of conditions, representations or
warranties by us or manufacturers of the products and hereby expressly disclaim
and any all responsibility and liability in that regard. We shall not mediate
or resolve any dispute or disagreement between you and us or the manufacturers
of the products.
We further
expressly disclaim any warranties or representations (express or implied) in
respect of quality, suitability, accuracy, reliability, completeness,
timeliness, performance, safety, merchantability, fitness for a particular
purpose, or legality of the products listed or displayed or transacted or the
content (including product or pricing information and/or specifications) on the
website. While we have taken precautions to avoid inaccuracies in content, this
website, all content, information (including the price of products), software,
products, services, and related graphics are provided as is, without warranty
of any kind. We do not implicitly or explicitly support or endorse the sale or
purchase of any products on the website. At no time shall any right, title, or
interest in the products sold through or displayed on the website vest with
Yamini nor shall Yamini have any obligations or liabilities in respect of any
transactions on the website.
14. Indemnity and
Release
You shall indemnify
and hold harmless Yamini, its subsidiaries, affiliates, and their respective
officers, directors, agents, and employees, from any claim or demand, or actions
including reasonable attorney's fees, made by any third party or penalty
imposed due to or arising out of your breach of these Conditions of Use or any
document incorporated by reference, or your violation of any law, rules,
regulations or the rights of a third party.
You hereby
expressly release Yamini and/or its affiliates and/or any of its officers and
representatives from any cost, damage, liability, or other consequence of any
of the actions/inactions of the vendors and specifically waiver any claims or
demands that you may have in this behalf under any statute, contract or
otherwise.
15. Children
Use of
yaministore.com is available only to persons who can form a legally binding
contract under the Indian Contract Act, 1872. If you are a minor i.e. under the
age of 18 years, you may use yaministore.com only with the involvement of a
parent or guardian.
16. Other
Businesses
Parties other than
Yamini and its affiliates may operate stores, provide services, or sell product
lines on yaministore.com. In addition, we provide links to the websites of
affiliated companies and certain other businesses. We are not responsible for
examining or evaluating, and we do not warrant or endorse the offerings of any
of these businesses or individuals, or the content of their websites. Yamini
does not assume any responsibility or liability for the actions, products, and
content of any of these and any other third parties. You can tell when a third
party is involved in your transactions, and we may share customer information
related to those transactions with that third party. You should carefully
review their privacy statements and other conditions of use.
17. Communications
When you visit
yaministore.com, you are communicating with us electronically. You will be
required to provide a valid phone number while placing an order with us. We may
communicate with you by e-mail, SMS, phone call, or by posting notices on the
website or by any other mode of communication. For contractual purposes, you
consent to receive communications (including transactional, promotional, and/or
commercial messages), from us with respect to your use of the website and/or
your order placed on the website.
18. Losses
We will not be
responsible for any business loss (including loss of profits, revenue,
contracts, anticipated savings, data, goodwill, or wasted expenditure) or any
other indirect or consequential loss that is not reasonably foreseeable to both
you and us when you commenced using the website.
19. Alteration of
Service or Amendments to the Conditions
We reserve the
right to make changes to our website, policies, and these Conditions of Use at
any time. You will be subject to the policies and Conditions of Use in force at
the time that you use the website or that you order goods from us unless any
change to those policies or these conditions is required to be made by law or
government authority (in which case it will apply to orders previously placed
by you). If any of these conditions is deemed invalid, void, or for any reason
unenforceable, that condition will be deemed severable and will not affect the
validity and enforceability of any remaining condition.
20. Events beyond
our reasonable control
We will not be held
responsible for any delay or failure to comply with our obligations under these
conditions if the delay or failure arises from any cause which is beyond our
reasonable control. This condition does not affect your statutory rights.
21. Waiver
If you breach these
conditions and we take no action, we will still be entitled to use our rights
and remedies in any other situation where you breach these conditions.
22. Governing Law
and Jurisdiction
These conditions
are governed by and construed in accordance with the laws of India. You agree,
as we do, to submit to the exclusive jurisdiction of the courts at Bhubaneswar.
23. Our Details
This website is
operated by Yamini.
For the
yaministore.com website, you could contact us by visiting: contact-us
24. Customer
Complaint Details
The details
pertaining to each customer complaint lodged (including the status of the
complaint and tracking details) are provided in the return e-mails which are
sent back to the customers.
25. Yamini Software
Terms
In addition to
these Conditions of Use, the terms (found down below) apply to any
software (including any updates or upgrades to the software and any related
documentation) that we make available to you from time to time for your use in
connection with Yamini Services (the "Yamini Software").
26. Sanctions and
Export Policy
You may not use any
Yamini Service if you are the subject of Indian sanctions or of sanctions
consistent with Indian law imposed by the governments of the country where you
are using Yamini Services. You must comply with all Indian or other export and
re-export restrictions that may apply to goods, software (including Yamini
Software), technology, and services.
Notice and
Procedure for Making Claims of Right Infringements
If you believe that
your rights are being infringed, you may fill out and submit the Notice Form.
We respond expeditiously to rights owners and their agents who complete and
submit the Notice Form to communicate concerns about any alleged infringement.
Upon receipt of a
Notice Form, we may take certain actions, including removing information or an
item, all of which are taken without any admission as to liability and without
prejudice to any rights, remedies, or defenses, all of which are expressly
reserved. Furthermore, in submitting a Notice Form, you grant Yamini the right
to use, reproduce, modify, adapt, publish, translate, create derivative works
from, and display its content throughout the world in any media. This includes
forwarding the Notice Form to the parties involved in the provision of the
allegedly infringing content. You agree to indemnify Yamini for all claims
brought by a third party against Yamini arising out of or in connection with
the submission of a Notice Form.
Important Warning:
giving false, misleading, or inaccurate information in the Notice Form to
Yamini may result in civil and/or criminal liability. You should contact a
legal advisor should you have any questions.
Notice Form:
If you believe that
your rights are being violated by an item or information on the yaministore.com
site, you may fill out and submit the Notice Form (below). This signed form can
be sent via E-mail PDF or Physical Letter to the Grievance Officer:
Name: Admin
e-mail PDF:
admin@yaministore.com
Subject Line: Claim of
Infringement
or
Yamini Store,
Plot-535, Ghatikia, Near Sai Temple, Bhubaneswar 751003, Odisha, India
(We will accept a
signed PDF via e-mail with the subject line "Claim of Infringement"
or Physical Letter duly signed unless by prior agreement we have agreed with
you for an alternative receipt mechanism).
Please fill out the
Notice form using the corresponding numbered paragraphs to frame your communication.
Notice Form
Re: yaministore.com
I, [INSERT
FULL NAME AND TITLE ] of [COMPANY NAME, IF APPLICABLE],
state as follows:
1. Contact information
:(a) Your and/ or
your company's name, address, telephone number, and contact email address;
(b)The contact email address and/or name which we will provide to Third Party
Sellers (if relevant) so they may contact you to resolve any issues regarding
your notification to us. If you do not provide a separate contact email, you
authorize us to use the contact information you provide in (1)(a).
2. Listing's ASIN
(or ISBN-13 if applicable) and Allegation of Infringed Right:
(a) The listing's
ASIN/ISBN-13 number or detailed description of where the information that you
claim is infringing your rights is located on the site; (b) A description of
your intellectual property right(s) that you claim has/have been infringed
(e.g. copyright, trademark or patent) by the information of/for this
ASIN/ISBN-13. [REPEAT (2)(a-b) as necessary for multiple items, see example
Notice Form here.]
3. Include the
following statement: "I have a good faith belief that the portion of the
listing(s) described above violate(s) the intellectual property rights owned by
the intellectual property owner or its agent, nor is such use otherwise
permissible under law."
4. Include the
following statement: "I represent that the information in this
notification is true and correct and that I am the intellectual property owner
or authorized to act on behalf of the intellectual property owner for the
rights described above."
5. Sign the Notice
Form.
Notice and
Procedure for Notifying yaministore.com of Objectionable Content
If you believe that
any content on, or advertised for sale on, the website contains any
Objectionable Content as defined under Section 8 above, please notify us
immediately by copying the Notice to yaministore.com of Objectionable Content
below into your word processor program, complete it in accordance with the
instructions set out in the Notice and send a signed copy via E-mail PDF or
Physical Letter duly signed to the Grievance Officer:
Name: Admin
e-mail PDF:
admin@yaministore.com
Subject Line: Claim of
Objectionable Content
or
Yamini Store,
Plot-535, Ghatikia, Near Sai Temple, Bhubaneswar 751003, Odisha, India
Please note that
this procedure is exclusively for notifying yaministore.com of Objectionable
Content on or advertised for sale on the yaministore.com website. Please
provide your address, telephone number, and e-mail address when sending the
notice to us.
Important Warning: Giving false,
misleading, or inaccurate information in the Notice to yaministore.com may
result in civil and/ or criminal liability.
Notice to
yaministore.com of Objectionable Content
In the matter of
yaministore.com
I, [Please
set out your full name] of [please give your postal address], [please
set your occupation], says as follows:
6. I refer to the website yaministore.com ("the website"). I make this statement in support of my giving yaministore.com notice that, via the website, it is causing or contributing to the publication of Objectionable Content.
7. The Objectionable
Content (delete whichever paragraph is not applicable): (a) appear in a book
being sold by Yaministore.com via the website entitled [please state
the book name and its author]. The Objectionable Content appears on page [please
state the page number(s) where you consider the words constitute Objectionable
Content]. OR (b) appear on the website at [please cut and paste the
address of the relevant Web page from the website where the Objectionable
Content appears].
8. The words/ content
that I consider to be Objectionable Content are [please repeat the
exact words you are complaining about].
9. This content is
Objectionable Content because [please state why you consider the
content is Objectionable Content].
10. I understand that
this statement may be used in any court proceedings that may arise out of or
relating to the Objectionable Content which I have complained about.
Statement of Truth
I declare the facts
stated above to be true.
Signed:
Dated:
Please read the conditions
of use carefully before using the yaministore.com website. By using the
yaministore.com website, you signify your agreement to be bound by these
conditions.
Yamini Software
Terms
1. Use of the Yamini Software
You may use Yamini
Software solely for purposes of enabling you to use and enjoy the Yamini
Services as provided by Yamini, and as permitted by the Conditions of Use,
these Yamini Software Terms, and any Terms. You may not incorporate any portion
of the Yamini Software into your own programs or compile any portion of it in
combination with your own programs, transfer it for use with another service,
or sell, rent, lease, lend, loan, distribute or sub-license the Yamini Software
or otherwise assign any rights to the Yamini Software in whole or in part. You
may not use the Yamini Software for any illegal purpose. We may cease providing
any Yamini Software and we may terminate your right to use any Yamini Software
at any time. Your rights to use the Yamini Software will automatically terminate
without notice from us if you fail to comply with any of these Yamini Software
Terms, the Conditions of Use, or any other Terms. Additional third-party terms
contained within or distributed with certain Yamini Software that are
specifically identified in related documentation may apply to that Yamini
Software (or software incorporated with the Yamini Software) and will govern
the use of such software in the event of a conflict with these Conditions of
Use. All software used in any Yamini Service is the property of Yamini and/or
its affiliates or its software suppliers and protected by laws of India
including but not limited to any other applicable copyright laws.
2. Use of Third
Party Services
When you use the
Yamini Software, you may also be using the services of one or more third
parties, such as a wireless carrier or a mobile platform provider. Your use of
these third-party services may be subject to the separate policies, terms of
use, and fees of these third parties.
3. No Reverse
Engineering
You may not, and
you will not encourage, assist or authorize any other person to copy, modify,
reverse engineer, decompile or disassemble, or otherwise tamper with, the
Yamini Software, whether in whole or in part or create any derivative works
from or of the Yamini Software.
Updates
In order to keep
the Yamini Software up-to-date, we may offer automatic or manual updates at any
time and without notice to you.
Conditions of Sale
(between YaminiStore and the Customer)
Please read these conditions carefully before placing an order for any products with Yamini ("We" or "Our" or "Us", wherever applicable) on yaministore.com (the website). These conditions signify your agreement to be bound by these conditions.
In addition, when
you use any current or future yaministore.com service, you will also be subject
to the terms, guidelines, and conditions applicable to that service
("Terms"). If these Conditions of Sale are inconsistent with such
Terms, the Terms will control.
1. Conditions
Relating to the Sale of Products to You
This section deals
with conditions relating to the sale of products on the website by us to you.
2. Our Contract
Your order is an
offer to us to buy the product(s) in your order. When you place an order to
purchase a product from us, you will receive an e-mail confirming receipt of
your order and containing the details of your order (the "Order
Confirmation E-mail"). The Order Confirmation E-mail is an acknowledgment
that we have received your order and do not confirm acceptance of your offer to
buy the product(s) ordered. We only accept your offer and conclude the contract
of sale for a product ordered by you, when the product is dispatched to you and
an e-mail confirmation is sent to you that the product has been dispatched to
you (the "Dispatch Confirmation E-mail"). If your order is dispatched
in more than one package, you may receive a separate Dispatch Confirmation
E-mail for each package, and each Dispatch Confirmation E-mail and
corresponding dispatch will conclude a separate contract of sale between you
and us for the product(s) specified in that Dispatch Confirmation E-mail.
Your contract is
with us and you confirm that the product(s) ordered by you are purchased for
your internal/personal purpose and not for resale or business purposes. You authorize
us to declare and provide a declaration to any governmental authority on your
behalf stating the aforesaid purpose of the products ordered by you on the
website.
You can cancel your
order for a product at no cost at any time before we send the Dispatch
Confirmation E-mail relating to that product.
Please note that we
sell products only in quantities which correspond to the typical needs of an
average household. This applies both to the number of products ordered within a
single order and the placing of several orders for the same product where the
individual orders comprise a quantity typical for a normal household.
3. Returns
Most items
purchased from yaministore.com are returnable within the return window, except
those that are explicitly identified as not returnable. The return is processed
only if:
· it is determined
that the product was not damaged while in your possession;
· the product is not
different from what was shipped to you;
· the product is
returned in original condition (with brand’s/manufacturer's box, MRP tag
intact, user manual, warranty card, and accessories)
For the products
that are returned by the customer, the refund is issued to the original payment
method. Please review our Return & Refund Policy, which applies to
products sold by us.
4. Pricing and
availability
We list
availability information for products sold by us on the website, including on
each product information page. Beyond what we say on that page or otherwise on
the website, we cannot be more specific about availability. Please note that
dispatch estimates are just that. They are not guaranteed dispatch times and
should not be relied upon as such. As we process your order, you will be
informed by e-mail if any products you order turn out to be unavailable.
For more details,
please review our Pricing Policy and our Availability Guide, both of which
apply to products ordered from us.
All prices are
inclusive of VAT/CST, service tax, Goods and Services Tax ("GST"),
duties, and cesses as applicable - unless stated otherwise.
5. Taxes
You shall be
responsible for payment of all fees/costs/charges associated with the purchase
of products from us and you agree to bear any and all applicable taxes
including but not limited to VAT/CST, service tax, GST, duties, and cesses,
etc.
6. Health &
Safety
By purchasing any
product from our Home & Kitchen shop, you acknowledge that you have read
and understood our Health & Safety Guidelines.
7. Children
Use of
yaministore.com is available only to persons who can form a legally binding
contract under the Indian Contract Act, 1872. If you are a minor i.e. under the
age of 18 years, you may purchase only with the involvement of a parent or
guardian.
8. Communications
When you visit
yaministore.com, you are communicating with us electronically. You will be
required to provide a valid phone number while placing an order with us. We may
communicate with you by e-mail, SMS, phone call, or by posting notices on the
website or by any other mode of communication. For contractual purposes, you
consent to receive communications including SMS, e-mails, or phone calls from
us with respect to your order.
9. Losses
We will not be
responsible for any business loss (including loss of profits, revenue,
contracts, anticipated savings, data, goodwill or wasted expenditure) or any
other indirect or consequential loss that is not reasonably foreseeable to both
you and us when a contract for the sale of goods by us to you was formed.
10. Alteration or
Amendments to the Conditions
We reserve the
right to make changes to our policies, and these Conditions of Sale at any
time. You will be subject to the policies and Conditions of Sale in force at
the time you order goods from us unless any change to those policies or these
conditions is required to be made by law or government authority (in which case
it will apply to orders previously placed by you). If any of these conditions
is deemed invalid, void, or for any reason unenforceable, that condition will
be deemed severable and will not affect the validity and enforceability of any
remaining condition.
11. Events beyond
our reasonable control
We will not be held
responsible for any delay or failure to comply with our obligations under these
conditions if the delay or failure arises from any cause which is beyond our
reasonable control. This condition does not affect your statutory rights.
12. Waiver
If you breach these
conditions and we take no action, we will still be entitled to use our rights
and remedies in any other situation where you breach these conditions.
13. Governing Law
and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Bhubaneswar.
